Environmentalists Find Victory Has Its Price

A volunteer group of Ventura County environmentalists, who successfully challenged a giant oil company over an air-quality regulation earlier this year, has learned that it’s not enough for David to beat Goliath.

He has to foot the bill too.

The Environmental Coalition, which scored the victory against Phillips Petroleum Co. over emissions from its La Conchita gas-processing plant, is being charged $562 by the Ventura County Air Pollution Control District for staff time used during the appeal.

“It’s really kind of slimy,” said Russ Baggerly, a leader of the Environmental Coalition, which became the first citizens group in the county to successfully challenge an air-quality regulation.

“They’re trying to make us pay, even though we were right, and they were wrong,” he said. “I find it very distasteful.”

But Richard H. Baldwin, the air pollution district’s top officer, said that county rules require those who appeal to pay for staff time. Although a waiver can be granted in some cases, he said, this was not one of them.

“The rules don’t authorize a refund,” Baldwin said.

The dispute began in the summer of 1987, when Phillips told the district that it planned to replace three old engines from its State Highway 1 plant with non-polluting, electric motors.

The district, under a system that rewards companies for removing older, polluting machinery, gave Phillips emission-reduction credits that can help the $12-billion oil conglomerate gain approval for future projects.

Baggerly’s group, which survives on dues of $10 a year from its 100 members, objected to the number of credits awarded Phillips and successfully appealed to the five-member Air Pollution Control Hearing Board, which oversees district decisions.

The Air Pollution Control District asked the hearing board to reconsider, and on Sept. 12, the board reaffirmed its decision.

Baggerly was told 2 weeks ago that his group would have to cough up the $562 in fees. “This is really miserly,” he said. “I think we’ll just ignore it.”

“He owes the money, what can I say?” Baldwin said. “I guess we’ll have to take him to court.”