Councilmember Agran Demands Legal Relief from Emissions in Irvine

Source: Public Health England, Gov.uk, 2022.

For the second time in two months, Councilmember Agran is requesting a special court order to compel the All American Asphalt Plant in North Irvine to stop operating and for special counsel to manage a case for temporary injunctive relief.

Councilmember Agran shared, 

“We must protect the community's health, and that is why I am asking — for the second time — that a City Council colleague join me in calling for immediate injunctive relief from the All American Asphalt plant. Why is the City allowing a business to operate in our City while it is jeopardizing our air quality and health? How is this in the best interest of our residents? The data and public health experts have told us the plant has to go and must cut its operations dramatically. There is no “safe” level of exposure to this plant’s emissions.”

In self-reported data, AAA itself acknowledged releasing hundreds of pounds of benzene and formaldehyde into Irvine’s air in 2020 alone. According to the Centers for Disease Control and Prevention (CDC), formaldehyde is a human carcinogen causing nose and throat cancers. Benzene exposure is known to cause anemia and leukemia and damages bone marrow. As a consequence of these operations, AAA has received seven Notice of Violations (NOVs) for public nuisance from the South Coast Air Quality Management District (South Coast AQMD). According to Senator Dave Min, who is also a UCI law professor, based on these violations, emissions data, and public complaints the City has the authority to pursue a public nuisance lawsuit to curb the plant’s operations and incentivize the plant to move.

At the conclusion of a Special City Council meeting (Closed Session) on February 22, the City Council voted (in Open Session) to direct City staff to pursue a settlement with All American Asphalt for it to relocate outside of Irvine, and to prepare a mitigation plan to provide immediate relief for the affected Irvine community. This came after Councilmember Agran’s request on January 20 for the City to provide “immediate relief to protect the entire community.”

Now, he is asking the City to do more and pursue legal action until a relocation plan for the asphalt plant is finalized. It is only right that operations not continue until an equitable remedy is reached. There is no “safe” level of exposure to hazardous emissions. 

You can direct questions to Councilmember Agran at LarryAgran@cityofirvine.org.