Wednesday, September 14, 2022

The Air District received a ruling from an Alameda County Superior Court judge yesterday finding that an abatement order to shut down diesel generators at the Green Sage cannabis facilities in Oakland is immediately enforceable by further order of the court.

Spare the Air Status

Following a July abatement order from the Air District’s independent Hearing Board ordering that all generators be shut down, five continued to be used in defiance of the order through August. Previously, up to nine generators had been used at the site to produce enough electricity to power 9,000 homes.

“Seeking the judicial enforcement of the abatement order in the face of defiance is one more step the Air District has had to take to ensure the harmful diesel emissions from Green Sage’s 24/7 operation of generators is stopped,” said Veronica Eady, senior deputy executive officer of policy and equity at the Air District. “The Air District, City of Oakland and Alameda County will continue to work together to protect the residents of East Oakland who are already disproportionately impacted by air pollution. We will not let up until these air quality violations have ceased permanently.”

The Alameda Superior Court judge’s ruling rejected technical arguments that the order was not immediately enforceable and ratified the Air District Hearing Board’s order to post the abatement order on the property. Further, the judge invited the district to apply for a temporary restraining order in the event there is any evidence of renewed interest in bringing diesel generators to the property in defiance of the hearing board order.

The Air District’s state court litigation seeks substantial civil penalties and provides the opportunity for continued judicial oversight of the Air District Hearing Board’s abatement order and is crafted to prohibit Green Sage, YCL Investment Group LLC and XYZ Connections, Inc. from operating portable diesel generators at the 5601 and 5733 San Leandro Ave locations in Oakland.

The Air District issued a Notice of Violation to Green Sage on February 16, 2022, for operating without a permit. The Air District was granted an abatement order from the agency’s independent Hearing Board in JulyLanguage Icon Globe to shut down Green Sage’s diesel generators for ongoing violations at their Oakland Tinnery and Oakland Cannery facilities. Green Sage was required to shut down the diesel generators immediately but failed to comply with the order.

The Bay Area Air Quality Management District is the regional agency responsible for protecting air quality in the nine-county Bay Area. Connect with the Air District via Twitter, Facebook and YouTube.

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Last Updated: 9/14/2022