From illegal battery disposal to groundwater contamination, DA’s protect and serve the environment

The environment is our most valuable asset. In Ventura County where I live and work, we have a beautiful environment of land, sea and mountains - each full of wildlife. As an environmental prosecutor, I am fortunate to have what I consider the best position in my office.

In addition to prosecuting traditional crimes, nearly every District Attorney's office in California has an environmental protection unit. The Attorney General's Office likewise assigns attorneys to protect the environment. State and county environmental prosecutors meet regularly to discuss the status of important issues impacting the environment. These issues include the illegal disposal of hazardous waste, oil spills, illegal pesticide sales and use, underground hazardous material storage tanks, and the protection of wildlife and marine life from poaching rings and illegal fishing practices.

Prosecutorial agencies have elected officials who set the policies for their offices. For example, Attorney General Rob Bonta sets the environmental policies for his attorneys. In my case, Ventura County District Attorney Erik Nasarenko sets the policies for his prosecutors. Along with public safety, the protection of wildlife and the preservation of the environment is one of Mr. Nasarenko's top priorities. I have the support and infrastructure needed to successfully hold environmental offenders accountable. This accountability can occur in the form of either criminal prosecution or a civil lawsuit, depending on the facts of the case.

We typically bring a civil action to enforce the laws violated when businesses are negligent in submitting their Hazardous Materials Business Plan (HMBP) and chemical inventory into the California Environmental Reporting System (CERS). We might instead file a criminal case against a business who is intentionally violating environmental laws. Simply put, the facts of any given case determine the most appropriate action.

Some cases are filed as statewide prosecutions. The law allows a county prosecutor to bring an action to enjoin a business from violating the laws of the state, so a single prosecutor can sue and bind a company from engaging in misconduct throughout the state. (Abbot Laboratories v. Superior Court of Orange County (2020) 9 Cal 5th 642.) Statewide prosecutions often entail a coalition of district attorney offices and the California Attorney General.

For instance, five counties (Ventura, San Bernardino, Santa Barbara, Fresno and Santa Cruz) and the Los Angeles City Attorney's Office recently mounted a statewide civil action against AT&T. (People v. AT&T Services, Inc. No. 22CV02492 (Nov. 8, 2022).) In that case, AT&T communication facilities were utilizing batteries containing hazardous materials to provide backup power to their communication systems. AT&T failed to file a HMBP into the CERS for 3,250 of their facilities. AT&T eventually self-reported to the California Environmental Protection Agency, California Office of Emergency Services and the local Certified Unified Program Agencies (CUPA). These agencies oversee California's complex regulatory schemes and enforce violations of those laws. AT&T took immediate corrective action to comply with the reporting requirements and resolved the litigation for $5.9 million. Of that amount, substantial monies went to the CUPA Forum Board for the purpose of regulatory training for environmental enforcement.

We have also brought lawsuits against big box stores for illegal disposal of hazardous waste. For example, you cannot discard toxic and ignitable wastes like paint or perfume, or electronic waste, like circuit boards and batteries. These enforcement actions have significantly reduced the number of illegal disposals ending up in landfills, where groundwater resources may be contaminated.

Second-Generation Anticoagulant Rodenticides (SGARs) are restricted and poisonous pesticides used to kill rodents. Because of their toxicity and ability to enter the food chain, they are highly regulated. Last year, our office sued an agricultural supply pesticide dealer in the city of Santa Paula. The company was selling restricted SGARs to individuals and businesses that did not have a permit to purchase, possess and apply these dangerous poisons. As a defense, the dealer claimed they were not responsible for the 317 illegal sales alleged in our civil action. Instead, they claimed the individual company employees who sold the restricted pesticides were responsible, along with each of the individual buyers who made purchases without the required permits.

I worked with the Department of Pesticide Regulation and the Ventura County Agricultural Commissioner to assess violations, investigate, and determine the proper procedures for compliance. The second leading cause of death for endangered mountain lions is ingestion of SGARs. The first cause of death is vehicle impacts. Three mountain lions in Ventura County died from ingestion of illegal SGARs during the same time period investigated in this litigation, although there was no direct causal link between the illegal SGAR sales and the mountain lion deaths. Companies often downplay such violations as minor "permit" issues; however, the reality is serious consequences for the environment, groundwater, and wildlife.

In the end, the company paid $625,000 to settle the case. (People v. Fruit Growers Supply Company, No: 56-2021-00557819-CU-MC-VTA (Sep. 2, 2021).) Of that money, the Ventura County District Attorney sent $100,000 to the National Park Service for further protection of mountain lions. One half of the money went to the local Department of Food and Agriculture. The remainder reimbursed our office for investigative costs and civil penalties. The company was also required to settle permit issues with the Department of Pesticide Regulation. (DPR Stipulated Settlement Agreement, 21-002.)

Government agencies are always looking for good attorneys to fight the good fight and protect our valuable resources. Join me in having the best job in California.