As a reminder that Proposition 65 was passed by the voters in California as a way to decrease pollution and chemical risks, a settlement has been reached with a Private Attorney General in an action filed against Southern California Edison (a division of Sempra Energy) for a substantial leak that occurred in 2015. We reported on an environmental settlement reached regarding Lake Tahoe a few months ago: (https://www.calbizlit.com/cal_biz_lit/2021/11/beyond-proposition-65-as-usual-cleaning-up-lake-tahoe.html - “Beyond Proposition 65 As Usual – Cleaning Up Lake Tahoe”).
A massive gas leak was discovered on or about October 23, 2015 near Porter Ranch, in the Santa Susana Mountains (just north of Los Angeles). There was a gas storage facility in Aliso Canyon, and it was determined that one of the wells was leaking. In early January of 2016, it was so severe that Governor Jerry Brown declared a state of emergency, and in February of 2016, it was announced that the well was permanently plugged.
Before the well was capped, it was estimated that some 107,000 short tons of methane and 8,000 short tons of ethane were released into the atmosphere. This is considered the largest natural gas leak in US history in terms of environmental impact. While actual injury not necessary for a chemical exposure to constitute a Proposition 65 violation, many residents in and near Aliso Canyon reported illness possibly related to the gas leak prior to the acknowledgement of the leak by the utility company.
In 2014, the Center for Environmental Health (“CEH”), based in Oakland, started working with Aliso Canyon residents on a health study to explore worries related to the gas storage facility. Once the major leakage was discovered, 2016, CEH filed a Notice of Violation and then a law suit against the gas company (as did several other individuals and organizations).
The CEH suit has now been settled. In terms of injunctive relief, the utility company is going to install “fence line” monitors for benzene leaks, and will notify local residents if excess levels of Benzene are detected (1.5 ppb over 30 minutes). The company must have its utility vehicles used n site changed to zero emission vehicles within the year, as well.
Finally, the monetary terms: So. Cal Edison will pay $500,000 civil penalty 25 percent of which will be paid to CEH and an individual plaintiff and 75 percent of which will go to OEHHA. The company will also pay an additional $275,0000 as an Additional Settlement in lieu of a civil penalty to CEH; which will place this extra money in a fund dedicated to reducing exposure to air pollutants in Southern California. Finally, the company will pay $775,000 in reimbursement of the plaintiffs' attorneys' fees and costs with $27,500 going to CEH and $747,500 going to the Lexington Law Group.
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