East Oakland Foundry to Pay $2.5 Million in Toxic Fumes Settlement

The state and an environmental group announced Tuesday a $2.5 million settlement with the owners of a former East Oakland metal foundry accused of releasing noxious fumes of carcinogenic hexavalent chromium into a low-income neighborhood within a mile of 10 schools.

AB&I Foundry and its parent company, McWane Inc., did not admit to any illegal releases in the settlement filed in Alameda County Superior Court. However, the companies agreed to pay funds for a mobile health clinic and medical care for the homeless in Oakland and a training program for high school students on air quality projects, as well as civil penalties to the state.

“While we cannot undo the harm AB&I caused, today’s settlement holds the company accountable, provides critical medical services to community members, and educates local students on environmental science and advocacy strategies,” Attorney General Rob Bonta said in a statement announcing the settlement.

“This settlement makes clear that the health and well-being of our community is paramount and any actions that harm our environment and endanger our residents will not be tolerated,” said Esther Goolsby, an East Oakland resident and co-director of Communities for a Better Environment in Northern California.

McWane, who lives in Alabama, did not immediately respond to a request for comment.

Communities for a Better Environment originally sued AB&I and McWane in December 2021, and Bonta sued on behalf of the state in February 2022. McWane denied any illegal emissions but in October 2022 announced it was closing the foundry and relocating 200 workers to Texas.

The foundry, which had been in operation since 1906, produced cast iron pipes and fittings. It was located in a densely populated, largely low-income neighborhood about a third of a mile from the Oakland Coliseum.

The lawsuits allege that AB&I exceeded state limits for emissions of hexavalent chromium, a chemical released during chromium production whose fumes can cause lung cancer if inhaled.

Bonta’s office said local residents suffered high rates of asthma, cardiovascular disease and other ailments related to pollution. Goolsby, of Communities for a Better Environment, has lived in the area since 1992 and said she suffers from asthma and lung disease, that her children had asthma, nosebleeds and frequent headaches growing up, and that some of her neighbors have died of cancer.

The lawsuits also said the plant emitted intense, noxious odors resembling burning rubber, forcing neighbors to stay indoors and close their doors and windows during business hours. The settlement includes $1.2 million to the California Air Resources Board for alleged violations of state odor laws.

It also includes $500,000 for Roots Community Health, a nonprofit that will use the funds to purchase and equip a vehicle as a mobile respiratory center, establish a clinic in Oakland to treat victims of hexavalent chromium exposure, and provide health care to homeless people living on the streets and in encampments in East Oakland, “with a special focus on those diagnosed with a respiratory illness.”

Contact Bob Egelko: [email protected]; Twitter: @BobEgelko