Feb. 02--REPORTING FROM SACRAMENTO -- Atty. Gen. Kamala Harris on Tuesday joined those suing Southern California Gas Co. over the company's Aliso Canyon natural gas blowout.
Noxious fumes from odorants in the leak that started in late October have driven residents out of more than 5,000 homes, the utility reports. In amending an ongoing civil suit filed in early December by Los Angeles city and county officials in Superior Court, the attorney general contends the litigation is necessary to hold the utility "accountable" for the release of some 80,000 metric tons of methane, a number that continues to grow. Harris is representing both her own office and the California Air Resources Board.
The revised joint complaint accuses Southern California Gas of violating health and safety codes, public nuisance laws and hazardous materials reporting requirements, as well as engaging in unfair business practices. The suit seeks civil penalties, restitution and injunctions to enforce regulations.
Harris' joining in the litigation brings to 11 the number of local, state and federal agencies now either investigating or suing the gas company. Her office is the only one that can press some claims, such as alleging statewide harm through greenhouse gas emissions.
"Quite frankly it's not litigation overkill at all," said Los Angeles City Councilman Mitch Englander, who represents communities affected by the leak. "The damage the gas has caused to residents, the environment, the economy, is unprecedented."
Though the amount of gas escaping from the company's Aliso Canyon underground storage field has fallen since peaking in late November, the utility does not expect to be able to attempt to stop the leak until late this month.
The lawsuit includes yet-unnamed corporate officers of the gas company who were in a position of responsibility to either prevent, or immediately correct, the leak. Southern California Gas is owned by Sempra Energy, a San Diego-based corporation whose board of directors includes Kathleen Brown, the sister of Gov. Jerry Brown.
In a press release, the attorney general's office said it was best suited to coordinate multiple agency claims while seeking to force the gas company to address the environmental impact of such a large release of methane. The gas has a short lifespan in the atmosphere but has a powerful greenhouse effect in trapping the Earth's heat radiation.
"Against the backdrop of California's ongoing efforts to reduce [greenhouse gas] emissions generally, this leak is a monumental environmental disaster," the lawsuit contends.
Harris' office stated the attorney general "is already serving a crucial coordinating role" with state, federal and local agencies. Agency staff said that effort included mapping out what potential enforcement actions those agencies can take against the gas company.
The degree of behind-the-scenes coordination and lack of public involvement in the leak investigation disturbs some consumer advocates.
"This is a coup of government agencies working in secrecy, to figure out how they don't step on each others' toes," said Jamie Court, president of Consumer Watchdog, a California nonprofit organization frequently involved in insurance and utility regulation. "The public needs to be part of this process. There are too many political alliances and allegiances here."
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