OAKLAND — Mere months after dismissing criminal charges against one of the East Bay’s largest metal recyclers, Alameda County’s new district attorney filed a civil lawsuit Thursday against the West Oakland company over the same massive, toxic scrapyard fire.
The lawsuit by District Attorney Ursula Jones Dickson against Radius Recycling — previously known as Schnitzer Steel — marks an about-turn for the county’s new top prosecutor, who stunned and upset environmental advocates earlier this year with her decision toss a series of criminal indictments secured by her predecessor over the 2023 blaze. The Bay Area Air Quality Management District joined Jones Dickson in the lawsuit, which was filed in Alameda County Superior Court.
In a statement announcing the filing, Jones Dickson stressed she was “committed to the enforcement of environmental laws,” adding that the lawsuit aimed to bring the company “into compliance with existing law and regulations and require further protections” for West Oakland residents.
The move was praised by Ms. Margaret Gordon, a longtime advocate against air pollution in West Oakland. She had been highly critical of the district attorney’s earlier decision to dismiss the criminal case against Radius, calling it “a slap on the hand.”
On Thursday, she said the latest action by the district attorney was “long overdue.”
“It’s such a nuisance for all these years, with the fires,” said Gordon, of the company’s actions. “And they’ve been getting away with so much over the years.”
The legal maneuvers stem from a fire that erupted Aug. 9, 2023 in a scrap pile at Radius Recycling’s plant off Embarcadero West near Jack London Square. The pile, which contained aluminum, tin, light iron and steel burned out of control for at least three hours and continued to smolder into the following day, while choking the region in noxious black smoke.
Almost a year later, in July 2024, then-Alameda County District Attorney Pamela Price announced a grand jury had indicted the company and two employees — its terminal manager and a a regional general manager — on a slew of charges in the blaze. In heralding the case as “historic,” Price claimed the company could face up to $33 million in fines if convicted.
According to the indictments, the company created a debris pile in an area of the plant that wasn’t equipped with numerous safety devices, such as heat detection cameras, water cannons or sufficient access for firefighters. And it alleged the employees later destroyed evidence from the ashen “tin pile” as a way to conceal how the fire started.
Yet the case appeared to suffer setbacks in the subsequent months — particularly after a judge booted multiple prosecutors from the case, while chiding the lead prosecutor for being negligent and “disingenuous” in a searing recusal order.
In May, Jones Dickson quietly dismissed the criminal case. It marked one of multiple instances of the new district attorney dismissing cases filed by her predecessor, prompting Price to complain that Jones Dickson had “dismantled everything we’ve done.”
The new lawsuit includes similar claims that the company stored material in an area that was not equipped with water cannons to keep the material wet, nor with heat sensors to detect sparks. Both issues were “substantial factors” in creating ripe conditions for the blaze, the district attorney’s press release said Thursday.
The lawsuit seeks an unspecified fine against Radius, as well as an injunction barring the company from storing scrap material in places without those types of safety mechanisms, the release said.
Radius has been the site of multiple recent fires and has often faced scrutiny over its business practices in recent years — particularly regarding emissions rising from the West Oakland plant.
As recently as 2021, Radius agreed to pay $4.1 million to settle allegations by the California Department of Toxic Substances Control, the state Attorney General’s Office and the Alameda County District Attorney’s Office that the company broke state environmental laws by releasing particles of hazardous metals — such as lead, cadmium and zinc — into the air.
Radius Recycling also was forced to install new thermal oxidizers and acid gas scrubbers in 2022 on its metal shredder to reduce harmful emissions from its plant. Yet the installation and management of that equipment was riddled with issues, air quality officials said, prompting the agency to fine Radius $575,000 in 2024.
Despite the continued violations, the equipment appears to be having an impact on air quality in the region — dropping organic compound emissions by 98%, according to the air quality district.
On Thursday, the air quality district’s general counsel said the lawsuit sends “a message to the community that we’re going to protect air quality and people’s health.”
“We think these violations are very serious, and they need a serious response,” said the general counsel, Alexander Crockett.
Jakob Rodgers is a senior breaking news reporter. Call, text or send him an encrypted message via Signal at 510-390-2351, or email him at [email protected].