People v. Chevron Chemical Co.

On February 20-21, 1980, Chevron Chemical Company discharged 3.5 million gallons of fertilizer process wastes and stormwater run off into Castro Creek, a tributary to Herman Slough on San Pablo Bay.

Chevron entered into a settlement agreement on September 10, 1980, with the California Regional Water Quality Control Board, San Francisco Bay Region, paying $25,000 in full settlement of all monetary claims arising from the discharge. At the behest of a pollution warden for the California Department of Fish and Game, a criminal action was filed in municipal court on October 16, 1980, charging respondent Chevron Chemical Company with violation of Fish and Game Code section 5650, subdivision (f) (depositing substance deleterious to fish, plant life or bird life into state waters).

The trial court, construing respondent’s “Motion Regarding Standard of Fault under Fish & Game Code § 5650” as a demurrer, sustained the demurrer with leave to amend. After judgment of dismissal was entered following the People’s failure to amend, appeal was taken to the appellate department of the superior court. The appellate department affirmed the trial court’s determination that proof of intent…