State Files to Join China Shipping Lawsuit

California Attorney General Xavier Becerra and the California Air Resources Board filed a motion on Nov. 4 to intervene in the most recent China Shipping Terminal lawsuit, to protect the local communities from air pollution. That lawsuit, filed by the South Coast Air Quality Management District on Sept. 16, asked for the Port of LA’s newly approved environmental impact report to be set aside, citing a long litany of failures to meet the requirements of the California Environmental Quality Act. Becerra’s press release cited two in particular: the failure to include all feasible mitigation measures to reduce environmental impacts, and the failure to provide an enforcement mechanism to implementation—such as incorporating the measures into China Shipping’s lease agreement.

“Far too often, modest income and minority communities bear the brunt of environmental pollution and the resulting health risks,” said Becerra. “That’s why we have laws like CEQA that require companies to do everything they can to mitigate the environmental impacts of their projects. But without enforceability, these mitigation measures are just words on paper. If we’re going to secure a clean, healthy, and safe environment for all Californians, we need more than words. We need accountability. Today’s action aims to hold China Shipping and the Port of Los Angeles accountable.”

“The City and Port of Los Angeles have allowed China Shipping to tear up the environmental mitigation promises that got them their permits to expand, while doing nothing to stop the company from pumping excessive amounts of pollution into nearby communities,” said CARB Chair Mary D. Nichols. “This must stop.”

AQMD was pleased to have two new parties join their lawsuit. “China Shipping has refused to implement actions that were previously required in a 2008 EIR to reduce their impacts from air pollution on nearby environmental justice communities,” spokesperson Bradley Whitaker told Random Lengths. “The city’s recent decision to certify a Supplemental EIR not only removed many of those stronger mitigation measures, but again failed to include an enforcement mechanism to hold China Shipping accountable for meeting the mitigation obligations,” he added. “The motion to intervene underscores the significance of our concerns.”

“We are disappointed that the California Attorney General and CARB have joined the lawsuit,” Port of LA spokesperson Phillip Sanfield told Random Lengths. “More litigation likely means more delays in our efforts to usher in one of the cleanest non-automated container facilities in the world — one that clears the way to introduce cleaner equipment while preserving good-paying jobs.”

However, a note accompanying the motion said it “will not impair or impede the prompt resolution of the issues presented in this action.”