December 4, 2001
Contact: Vicki Clark, EDC: (805) 963-1622
Drew Bohan, Santa Barbara ChannelKeeper: (805) 563-3377

HALACO FAILS IN ATTEMPTS TO DISMISS CITIZENS' LAWSUIT

LOS ANGELES, CA - On Monday, December 3rd, a federal district court judge rejected the efforts of Halaco Engineering Co., a metal smelting facility and waste disposal site at Ormond Beach in Oxnard, to dismiss a lawsuit filed by the Environmental Defense Center on behalf of Santa Barbara ChannelKeeper. The citizen groups filed the lawsuit to force Halaco to comply with state and federal laws that regulate pollution and toxic chemicals. In her ruling, Judge Snyder denied Halaco's request to dismiss the lawsuit based on lack of legal standing and as a sanction for alleged trespass, and to delay consideration of the lawsuit pending the outcome of hearings to be held by the Los Angeles Regional Water Quality Control Board (LARWQCB).

Halaco had claimed that the EDC and SBCK did not have legal standing to bring the lawsuit on behalf of their members, alleging that EDC does not have members. Judge Snyder dismissed this claim, stating that SBCK and EDC do indeed have the right to sue on behalf of their members. In seeking to delay the lawsuit, Halaco asserted that the court could not consider the lawsuit until the LARWQCB finished their hearings related to issuance of a new water quality permit for Halaco. In response, Judge Snyder ruled that delaying the lawsuit would not be appropriate, since the findings of the LARWQCB hearings would be available to the Court by the time of trial.
The lawsuit, filed in January 2001, against Halaco charges the company with releasing pollutants into the air and water in violation of the Clean Water Act, Clean Air Act and Resource Conservation and Recovery Act, laws enacted to protect public health. Since 1980, Halaco has been found in violation of the Clean Water Act for its discharge of waste to the Ormond Beach Wetlands. Halaco has also been emitting air pollutants in violation of the Clean Air Act since at least 1990.

"This ruling allows us to finally get to the merits of the case," said Vicki Clark, Attorney with the Environmental Defense Center. "The procedural issues are now behind us."

Halaco submitted a Report of Waste Discharge to the LARWQCB in October, which detailed a filter press process that would allow Halaco to cease all discharges (liquid and dry waste) to its waste management unit. "The process looks promising, but there are still unanswered questions," said Clark. The Board will consider a Cease and Desist Order for Halaco on January 9, 2002.

Santa Barbara ChannelKeeper is a non-profit organization dedicated to protecting the ecological health of the Santa Barbara Channel, its watersheds and habitats. ChannelKeeper uses advocacy, education, scientific study and enforcement to insure the well being of the Channel. For more information, call (805) 563-3377. The Environmental Defense Center is a non-profit, public interest environmental law firm serving California's Central Coast since 1977. For more information, contact EDC at (805) 963-1622.