Oakland Tribune reported that, after 2 years of losing lawsuits and being told by neighbors and the Bay Area Air Quality Management District to clean up its act, Pacific Steel Casting has won a court victory that will allow it to avoid paying as much as USD 30,000 to plaintiffs who sued the company in small claims court.
Alameda County Judge Mr Jacqueline Taber ruled that Pacific Steel did not create a nuisance for all plaintiffs who had filed small claims lawsuits against the company.
Ms Elisabeth Jewel spokeswoman of PSC said that the plaintiffs were ordered to pay the company roughly USD 500 in court fees.
Mr Joe Emmerichs president of PSC said that "We have always known that if you take the time to look at the facts, then it's clear that Pacific Steel cannot be held accountable for the activities of an entire industrial neighborhood located next to a congested freeway."
Mr Emmerichs said that for the family owned company and its more than 600 union employees, the verdict reinforces our belief that we cannot be recklessly blamed because we're an easy target.
It may be noted that Mr Kathleen Aberegg Attorney of Alameda County had filed a the consolidated small claims suit in 2006 on behalf of 19 neighbors who claimed the smell of burning plastic in the air near the factory was causing headaches, nausea and tightness in their chests.
In November 2007, a judge ruled that nine of the plaintiffs would get between USD 2,100 and USD 5,100 each for the nuisance, loss of use and enjoyment of their properties, and mental distress. The judge later tossed out three cases.
PSC appealed and a new trial was held. Information from the small claims court cases was not used, and both sides were represented by attorneys and allowed to present witnesses.
Mr McGuire said that he was disappointed in the ruling. He added that "I feel it was a great injustice. I think it's a setback for the environmental community and the citizens of West Berkeley who have to live in the proximity of fumes."
PSC's victory comes just days after a report in USA Today, using data from the US Environmental Protection Agency, listed three nearby schools as having some of the worst air in the country. Only 377 of the 127,800 schools that were studied were worse.
In 2006, under a settlement with the Bay Area Air Quality Management District, which had sued, PSC installed a USD 2 million carbon absorption unit to reduce odor and emissions. PSC also settled with Communities for a Better Environment in Oakland last year, promising to reduce its hazardous air pollutants by at least two tons annually.
