
AquAlliance, a Chico-based environment group, has filed a lawsuit with Judge Timothy M. Frawley in Sacramento Superior Court alleging the California Department of Water Resources (DWR) has broken state law by failing to release records regarding the Oroville Dam spillway crisis.
The litigation takes place as construction crews hired by DWR’s prime contractor Kiewit Infrastructure West Company continue work on the spillways. In the past two weeks, Kiewit has focused on removing the lower 2,000 feet, or lower chute, of the gated flood control spillway, also known as the main spillway, according to DWR. Kiewit is using excavators and controlled blasting to demolish the concrete slabs and walls of the lower chute.
On April 19, 2017, the group filed a Public Records Act (PRA) request to DWR to release records that explicitly pertained to asbestos, a known carcinogen. The asbestos was uncovered by the break in the main spillway and then further eroded by the massive releases of water from the spillway, made necessary by the near-failure of the emergency spillway, according to Barbara Vlamis, AquAlliance’s Executive Director.
Asbestos is the name for a group of minerals with thin fibers, known for their heat and fire-resistance properties, that are found naturally in rock and soil. Asbestos has been used in products such as insulation for pipes, floor tiles, building materials, and in vehicle brakes and clutches. It can cause mesothelioma cancer and is banned by more than 50 countries.
Vlamis said AquAlliance has been concerned about the extent of the asbestos material and how it did or will impact workers, Oroville residents, and aquatic species, including the Feather River’s salmon and steelhead runs.
In response to the request, DWR released nine documents, but none of these included any pertinent emails, according to Vlamis. When questioned further, DWR claimed that there are no more responsive records and that all responsive emails are protected under attorney-client privilege.
AquAlliance, represented by Paul Nicholas Boylan, Esq., disagrees with DWR and is asking the court to enforce the PRA and release