Environmental Case Against West Oakland Scrap Yard Is Dropped by New DA

West Oakland residents, who live near a major highway, the port, and industrial facilities, have some of the highest rates of asthma and other respiratory diseases in the region.

Past investigations by the Alameda County district attorney’s office and the California Department of Toxic Substances Control found that the facility released particulate matter contaminated with hazardous metals such as lead, cadmium and zinc. The investigations were cited in a 2021 settlement between Schnitzer and the state Department of Justice over “the release of toxic air contaminants and hazardous particulates” in West Oakland and across the Oakland Estuary.

“The DA’s office had a long history of negotiating settlements with Schnitzer and then not enforcing the settlements,” Price said, noting that Radius was shocked when her office set out to hold the company accountable.

The charges filed last year by Price’s office alleged that Radius Steel as well as Daniel Woltman and Dane Morales, the heads of the West Oakland facility, recklessly managed hazardous materials, elevating the risk of fire, and later destroyed evidence by cleaning up the 40-ton charred “tin pile” before prosecutors could inspect it to help build their case against the company.

The company and the two men were also charged with violating local air quality regulations and state toxic substance control laws.

The charges, which carried a penalty of up to $33 million in criminal fines and up to three years in county jail, were the first ever filed by an Alameda County district attorney for environmental crimes allegedly committed by a corporation, Price said at a press conference in July.

Price’s office first announced the investigation against the Oregon-based company days after the August 2023 blaze at its Oakland facility, which burned for more than 24 hours, shrouding the region in a gray smoky haze.

The fire started in a pile of scrap metal and was likely caused by a lithium battery, according to the Oakland Fire Department, whose crews were unable to reach the source of the blaze for hours due to the sheer size of the pile. County and city officials advised residents near the Port of Oakland to avoid Jack London Square and to keep their windows closed.

The West Oakland facility, which shreds cars and other large appliances, is one of at least four operated by Radius Recycling in California. The company, which rebranded in 2023, bills itself as one of North America’s largest manufacturers and exporters of recycled metal products, with 100 operations centers and over 50 recycling facilities in the U.S. and Canada.

The company did not respond to KQED’s request for comment on the district attorney’s decision to dismiss the case.

In a statement issued last year after charges were filed, Aaron Dyer, an attorney for Radius, said that the company does not treat or store hazardous waste and that it did not hide or destroy any evidence.

“We are fully confident that the company’s actions will be proven to have prioritized public safety and compliance with the law,” he said.

The company’s attorneys at the time argued that the case was politically motivated because Price was facing a recall election and wanted to secure a high-profile win.