Firm Alleges Trespass by Environmentalists

The attorney for an Oxnard smelting plant has filed suit against the leader of a Santa Barbara environmental group, accusing him and members of his organization of trespassing.

It is the latest in a flurry of suits, counterclaims and other actions designed to silence critics of Halaco Engineering, opponents say.

“It’s an intimidation tactic,” said Victoria Clark, an attorney with the Santa Barbara-based Environmental Defense Center. “It’s worked for him in the past. His tactic is to sue, and he’s found an avenue.”

Halaco is in a number of regulatory and legal tangles. It has wrangled over permits with the Ventura County Air Pollution Control District and the regional water quality agency and has been sued by the citizens’ group ChannelKeeper, which contends Halaco is releasing toxic materials into the air and water.

The latest suit, filed Tuesday by Halaco, alleges that Drew Bohan, members of his ChannelKeeper group and people affiliated with the Environmental Defense Center “intended their illegal conduct to cause injury to Halaco and engaged in despicable conduct.”

The suit seeks compensatory damages, contending that the defendants removed substances without the consent of the plant.

Bohan admits walking onto a large slag heap--a charcoal-colored mesa of smelting waste products--and taking photographs. But there is no fence at the site, he said, and it is unclear where Halaco’s property ends and the Oxnard wetlands begin.

He said the suit and other tactics by Halaco are ridiculous.

“It’s an attempt to shift the focus,” he said. “It’s consistent with their past approaches of trying to avoid cleaning up the site.”

Halaco has a reputation for fighting regulators aggressively, bombarding opponents with reams of paper and arguing that it is breaking no regulations and has a right--even a duty--to operate.

Last year, Halaco filed a lawsuit taking aim at Air Pollution Control District officials Dick Baldwin and Karl Krause, alleging that they had overstepped their roles by attempting to run Halaco out of business.

Halaco attorney Arthur Fine could not be reached Thursday for comment, and plant manager Dave Gable would not discuss the suit. However, Gable said Halaco’s property line is clear and added that the company has been unable to put up fences because of regulatory requirements.

He said he could not comment on whether Halaco has ever sued anyone for trespassing before.

Fine has also been aggressive in public hearings. At a recent meeting by the county air board, he objected to nearly every statement by members of the public there to complain about the plant.

“It’s unusual to interrogate or cross-examine members of the public at hearings,” said Rick Rothman, an attorney for the Air Pollution Control District. “The point I tried to make at the hearing was that Mr. Fine ought not be allowed to squelch public comment.”