Oakland foundry to resolve ‘nuisance odor violations’: lawsuit

(KRON) — AB&I Foundry, an East Oakland metal and pipe manufacturer, is requested to pay $2.5 million as a settlement following two lawsuits. Both lawsuits allege the company released harmful carcinogens into the air without warning its residents.

As part of the settlement, the metal foundry is now tasked to resolve several harmful odor violations due to “a long history of odor complaints in the community,” Attorney General Rob Bonta announced on Wednesday.

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East Oakland’s population is 66% Latino and 21% African American. Residents live to the north, east, and south of the foundry. Approximately 10 schools are located within a mile of the former foundry. Numerous unhoused Californians live within a quarter mile of the foundry, including along the foundry’s fence line.

Attorney General Rob Bonta

In December of 2021, Communities for a Better Environment (CBE) sued AB&I, alleging the company violated Proposition 65, a prop aimed at protecting residents from harmful chemicals that cause cancer or reproductive harm.

CBE alleges that AB&I violated Prop 65 and “failed to warn East Oakland residents about exposure to… chemicals at levels that exceeded regulatory limits,” the suit wrote.

In February 2022, the California Department of Justice’s Bureau of Environmental Justice filed a separate lawsuit against AB&I alleging the same violations and “unfair business practices and harm to natural resources,” the second suit wrote. Both suits were then consolidated into one by the DOJ.

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“While we cannot undo the harm AB&I caused, today’s settlement holds the company accountable, provides critical health services to community members, and trains local students in environmental science and advocacy strategies,” Bonta said.

In 2022, McWane closed the East Oakland facility and moved AB&I to Texas.

As part of the settlement, McWane, AB&I’s parent company, will pay a total of $1.3 million, of which half will be allocated toward “supplemental environmental projects,” the settlement said. The remainder of the Prop 65 settlement will go toward civil penalties, fees and costs.

McWane will also pay $1.2 million to settle “nuisance odor violations” with the California Air Resources Board (CARB).

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