U.S. to Sue 15 Firms Over Pollution : Environment: Officials describe their new “offensive” as the largest effort of its kind. They say the case signals renewed support for ecological concerns by the Bush Administration.
Federal officials, in what they described as a new “offensive” in environmental protection, announced plans Wednesday to sue 15 industrial companies for allegedly polluting Southern California’s coastal waters with cancer-causing toxins that have threatened marine life.
Attorneys for the National Oceanic and Atmospheric Administration, the agency spearheading the action, described it as the largest effort of its kind and said the case signals renewed support for the environment by the Bush Administration.
Among the accused companies are Westinghouse Electric Corp., Chris-Craft Industries and Benjamin Moore Paint Co.
The 15 companies are suspected of having discharged either the pesticide DDT or polychlorinated biphenyls (PCBs) into Los Angeles Harbor, onto the Palos Verdes Shelf off the Palos Verdes Peninsula, and at two sites in the San Pedro Channel north of Santa Catalina Island.
Some of the companies, according to NOAA, dumped the contaminants as industrial byproducts directly into the ocean; others contributed to the problem by letting toxics pour into sewer systems that drain into the ocean.
Thomas A. Campbell, NOAA’s general counsel, said that his agency on Wednesday formally notified each of the companies that a lawsuit will be filed against them within 60 days. Such notice is required under environmental law. The lawsuit will demand that the firms first collectively fund a multimillion-dollar, comprehensive “damage assessment” study of the contamination and then pay to clean it up.
“The bottom line,” Campbell said at a press conference in Los Angeles, “is that they’re going to have to pay now or they can pay later.”
Much of the contamination, of which officials and marine biologists have long been aware, dates back to the late 1940s.
When asked why NOAA had not undertaken such a lawsuit earlier, Campbell appeared to take an indirect swipe at the Reagan Administration, long a target of environmentalists who charged that it was lax in enforcing regulations.
“There’s a new political wind blowing,” Campbell said. “Our mission is no longer to maintain the status quo, but to take the offensive, to improve the environment across the board.”
Meanwhile, Rep. Mel Levine (D-Santa Monica) said Wednesday that he had secured nearly $1 million in federal funding for NOAA to develop the case against the accused companies. The money, according to NOAA attorneys, will be reimbursed to the government by the accused companies should the agency win its case in court.
“This lawsuit should send a simple message to polluters: We mean business and we’re coming after you,” Levine said in a statement released in Washington.
He estimated that the lawsuit could net as much as $88 million for cleanup and restoration of the coastal region.
NOAA officials declined to speculate on how much money could be recovered by suing the 15 companies.
Under the federal Superfund program, NOAA is entrusted with marine natural resources and can file claims against companies found responsible for toxic pollution. One such case, initiated in 1983 against a New Bedford, Mass., electronics firm accused of discharging PCBs into the Atlantic, is expected to begin in federal court next month.
A prime source of toxic contamination in regional waters, NOAA has alleged, is the Montrose Chemical Corp., a Delaware-based company that produced more DDT than any other company in America. Montrose ceased operations at its Los Angeles plant in 1982 after 35 years.
The company, according to federal officials, dumped acid wastes and DDT-laden sludge directly into San Pedro Channel, disposed of them in area landfills and discharged them at county waste-water treatment plants.
Other companies similarly accused by NOAA of contaminating coastal waters with DDT include Chris-Craft Industries; Stauffer Chemical Co. and Stauffer Management, and chemical manufacturers ICI Inc., ICI Americas and ICI American Holdings.
Those accused of polluting the ocean with PCBs include Benjamin Moore; Simpson Paper Co., Apex Drum Co. Inc., Ted Levine Drum Co., Myers Drum Co., Potlach Corp., and Trans Harbor Services.
Also named as a polluter of PCBs was a Westinghouse plant in Compton that repairs electrical transformers.
“I don’t know anything about this,” said plant manager Jordon Weinstock on Wednesday.
Officials from several other of the accused companies were similarly puzzled by NOAA’s allegations. Many said they were unaware of the action until they were contacted by reporters.
NOAA officials said its assessment of damage to aquatic life and coastal waters--expected to take two years--will also involve the Interior Department and various California agencies. Birds, marine mammals and fish will be studied.
Environmentalists hailed NOAA’s announcement as a substantive step toward cleaning up the ocean off Los Angeles.
“We really are thrilled that they’re interested,” said James Thorton, a senior attorney for the Natural Resources Defense Council in Los Angeles. “If (NOAA) plays a tough game, it could really make a difference.”
