Grassroots Coalition 11924 W. Washington Blvd. Los Angeles, CA 90066
Contact: Jeanette Vosburg
(310) 636-3518
October 27, 2005
COMMUNITY HEALTH & SAFETY ADVOCATES WIN IN COURT OVER CITY OF L.A. & PLAYA
VISTA
Appelate Ruling questions gas safety measures
Gas safety measures go back to city council for review
Los Angeles, CA - Yesterday, the California Second Appellate District
Court reversed a lower court's ruling on the first phase of the Playa
Vista mega-development. The Appellate Court held that the City of Los
Angeles violated the California Environmental Quality Act when it approved
the methane gas mitigation system for Phase One in 2001. The ruling
effectively sends the Playa Vista methane gas safety measures back to the
Los Angeles City Council for reconsideration. The City Council has the
authority to require a Subsequent or Supplemental Environmental Impact
Report (SEIR) on the matter.
Petitioners in the lawsuit include Grassroots Coalition, Environmentalism
Through Inspiration and Non-Violent Action ("ETINA"), Spirit of the Sage
Council and concerned local residents John Davis and Daniel Cohen.
The lawsuit contends that the methane gas safety measures are inadequate,
unproven and cause significant environmental impacts. Though the ruling
states that the gas safety measures may work, the Court found the gas
safety measures may create serious environmental and safety issues of
their own. The Court ruled that the City's and Playa Vista's
characterization of the environmental and safety issues was misleading and
inaccurate. "This victory sends a clear message justice that will prevail
when citizen perseverance is supported by sound science. I'm hopeful that
the new mayor and city councilperson will avail themselves of the facts
and scientific evidence and utilize this opportunity to protect the public
and the environment," said Sabrina Venskus, lead counsel on the case.
Over the last few months, three investigative reports by KNBC television
Channel 4 have revealed that methane gas is leaking up into the buildings
at Playa Vista. In addition, it remains a mystery as to whether the
mandated venting wells exist. The wells are to be dug to 50 feet below the
ground level and into the old Los Angeles Riverbed. "The NBC broadcasts
show what we have been saying for several years: the City and Playa Vista
have not proven that the gas safety measures are working," said Patricia
McPherson, President of Grassroots Coalition.
Throughout the last four years of litigation, petitioners have also asked
City and State agencies to investigate the connection between the Playa
Vista's methane gas and the Southern California Gas Company's (Sempra) gas
storage operations. The So Cal Gas Company's (Sempra's) operations are
located directly adjacent to and underlying the historic Playa Vista
project area. This gas storage operation is the only one of its kind in
the nation located in such a densely populated metropolitan area. An
alarming, recent report prepared by the Safety Branch of the California
Public Utilities Commission (CPUC), the agency charged with oversight for
(Sempra) gas storage operations in Playa del Rey, states that there is a
50% likelihood that the gases surfacing at Playa Vista are storage gas. To
date, there has been no independent state or federal oversight of oilfield
gas migration hazards at the Playa Vista site. In addition, the City's
original 1993 Environmental Impact Report had claimed that the oil field
gases, later discovered by Grassroots Coalition in 1999, were
non-existent.
The first phase of Playa Vista is still under construction. About half of
Phase One has been built. Its plans include 3,246 units of housing and a
small amount of commercial space, with one office complex (and one tenant,
Electronic Arts). Two lawsuits were litigated in August of this year on
Playa Vista's second phase, raising many issues, including the viability
of the methane gas safety measures. The second phase proposes 2,600 more
housing units and some commercial space.
CONTACT:
Jeanette Vosburg, Grassroots Coalition 310-721-3512
Read the winning decision:
ENVIRONMENTALISM THROUGH INSPIRATION AND NON-VIOLENT ACTION
v. CITY OF LOS ANGELES