Fieldnote Feb 23 2023 - 7:38pm

MPNA-Green Community Research Board meeting with US Asst Attorney Amanda Bettinelli 2/21 6pm

Amanda: EJ Coordinator position created as part of DOJ climate initiative, representative of Biden administration’s interests; Position created as part of that memo; Prosecutor in criminal division, responsible for 7 counties (Ventura, SLO, Riverside, OC, LA, San Bernardino and .. ?) <— one of the largest districts in the country; Prosecute “environmental crimes”

Identifies EJ issues and concerns, and also looks into cases of inaction/lack of response to understand what can be done

Overall objective is to serve EJ community and organize a response to environmental hazard, look for resources that maybe have “not been deployed”

Limits to role but look to use “full breadth of prosecution toolkit” or look to others for resources (e.g. local county DAs and state attorney general)

“regulatory agencies are vast and can be confusing” 

“I already know the agencies” (e.g. AQMD) - daunting for a community, way Amanda can be of assistance

Requested meeting with hydrologists to better understand the nature of cleanup, and investigate where things are with DTSC with coordination of cleanup (phases, timeline) for residential communities

process to identify wells and make sure they are okay

Senior hydrologist - improved drinking wells and monitoring them to make sure there are no contaminants

question: what are levels of contamination that have been of concern to senior hydrologist? wondering if lead/nitrates an issue

Amanda: senior hydrologist did not specify

https://files.ceqanet.opr.ca.gov/256531-2/attachment/ca6aKNZm7ZuisvaDlgFeI-Rd5j5xkJsVl9wJ8W317luzy6IDxvjpcIj-4Ym1JBhWZ-GcpV6qvOAShJD50

Nitrate contamination: https://ceqanet.opr.ca.gov/2019109068/2

Amanda: quality of air due to transportation clearly a concern - historically a lot of pressure on community members to identify point source of contamination before; the city could partner with the community, re-evaluate permits (e.g. for plating shops)  

question: Waiting for the city to provide report of violation of company near elementary school (that manufactures motorcycle parts)

Amanda: agency would have the report, not the city ... wants to follow up with this … also Klean waters and Brasstech … Kingspan also brought to her attention by city and people at the stakeholder meeting

Sam: what to do if you observe a toxic spill or chemical spill -  https://acgov.org/forms/aceh/ReleaseReporting.pdf

James: Embee Processing 

question: addressing EJ issues through civil route versus criminal route?

Amanda: statute of limitations issues for everyone; 5 years for criminal case, so legacy contamination; EPA civil (federal) has funding that can be drawn for historical contamination; new DOJ and CAL DOJ grants and EPA grants to deal with this as well

There is also an EPA civil emergency response point of contact 

Kim: question about how cases come to DOJ, referrals

Amanda: How cases come to me is that its gone past regulatory phase, like the entity that had multiple violations — when someone’s moved to the space of eggregious, you can create a list. I’ll give you an opportunity to refer cases to my office - will provide email.  Can refer it to local DA or at a higher level (e.g. permit) to state attorney’s office and determine how to prosecute.

question: potential conflict of interest? e.g. moving case away from jurisdiction of DTSC or AQMD (e.g. facility paying money to DTSC or AQMD as part of emissions credits, like what exists with CARB and cap and trade credits) 

Amanda: USACAC-EnvironmentalJusticeCoordinator <[email protected]> refer Environmental Justice Coordinator with specific information regarding air quality concern, water, or soil contamination for example.  Address, Name of entity and concerns.

Sam: “this is a general statements, it’s important for our community to be trained to think like investigators in how we document activity that we might seek violations. It might helpful to talk to Amanda’s investigator so we can get a 101 on how to bring forth an effective report. For instance, who what, when, where why plus any photos videos audio”

Amanda: don’t know what is being done about cumulative impact but there are other cases being evaluated - most recent success story involved the oil industry, impact on soil and air quality in Wilmington, moratorium on continuing any new drilling in a specific residential community that was overexposed

Sam: AQMD complaints are most effective when six or more people decide to call it in

Amanda: most effective to start with discrete issues and engaging on those  … not a lot of conflict from city, but not a lot of creative ideas on how to deal with issues  - might be helpful to point to other examples (e..g moratorium on plating shops)

Jose: plane noise pollution difference between Santa Ana and Newport Beach?

Amanda: noise pollution qualified as “nuisance”; will look into Santa Ana and Newport Beach difference in noise pollution regulation/monitoring

Kim: it contributes to cumulative burden

Amanda: complicated question would be an FAA question; recommends looking at SF model of cumulative work

James: In the Associate Attorney General’s 2022 memorandum on Environmental Justice Enforcement Strategy they encourage US Attorneys to help form “Environmental Enforcement Task Forces” to help coordinate enforcement efforts across jurisdictions and levels of government. Are there any such task forces in our district? And can you tell us how we might go about forming this kind of coordinating task force in Santa Ana?

Amanda: agrees with sam that more people that complain to AQMD, the more likely they are to respond. “everyone stands equally before the law” - responses in Santa need to be as fast they are in Newport Beach. “have seen uneven motivations” in seeing response to environmental issues.

Amanda: “need to have the right people in the room”;  direct conversation with regulators; did not see DTSC in the last meeting … useful to get SF as “sister city” to follow as a model; also encouraging submission of worst of bad actors for her to follow up on her. Recommends organization of EJ council. Need to prioritize things for her to look at. … doesn’t want to just sit and listen, but take action and leverage her expertise and relationships to help—not mediated through her but facilitated through her. 

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How to determine what is “worthy” of attention/funding in public health amongst the vast array of problems? What calculations do we use to prioritize?

Clear limitations/problems with narrow forms of evidence