AT&T has settled a lawsuit against several California district attorneys regarding a management plan for its backup batteries. Google Street View photo

The Fresno County District Attorney’s Office, in conjunction with multiple district attorneys throughout the state, announced a civil judgment in an environmental protection lawsuit against AT&T.  

The coalition made up of district attorneys from Santa Cruz, Ventura, Santa Barbara, San Bernardino and the City Attorney of Los Angeles secured a $5.9 million settlement from AT&T over its alleged failure to provide Hazardous Materials Business Plans (HMBP) for backup batteries used in their facilities. The settlement is one of the largest ever awarded statewide for this type of environmental violation.

Required by the state, HMBP documents are designed to minimize health and safety impacts resulting from the accidental release of hazardous materials and are mandated for businesses that use significant amounts of hazardous materials. 

“Ensuring the safety of the public as well as the environment they live in by holding large companies accountable for their conduct is an important goal of this office,” stated Fresno County District Attorney Lisa Smittcamp. 

According to the coalition’s complaint, AT&T owns and operates facilities throughout the state that utilize backup power batteries, which are classified as hazardous.

Allegedly, AT&T failed to establish, implement or submit an HMBP for more than 3,200 of their facilities — in violation of the Health and Safety Code and California regulations.  

Furthermore, the company is subject to a wide-ranging injunction, which includes HMBP compliance requirements for each facility and audit procedures to ensure compliance.

AT&T has been cooperating with authorities by self-reporting the violations to the California Environmental Protection Agency (CalEPA) and began the process of coming into compliance with state law, according to DA news release.

Of the total settlement amount, the Fresno County District Attorney’s Office will be receiving $613,479; the Fresno County Community Health Department, Environmental Health Division will be awarded $110,625 and $250,000 will be given as part of the Supplemental Environmental Project to the CUPA Forum Environmental Protection Trust Fund.

The California Certified Unified Program Agency (CUPA) Forum Board established the CUPA Forum Environmental Protection Trust Fund in 2009 to manage and disburse grants from enforcement case settlements to enhance the investigation, inspection and enforcement of hazardous waste and materials programs throughout the state.