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This SoCal hazardous waste facility could get a new permit despite past violations

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This SoCal hazardous waste facility could get a new permit despite past violations

California regulators could soon grant a fresh permit for a hazardous waste treatment facility in Santa Fe Springs, even as they face off with the same company in court over alleged violations.

The upcoming decision has alarmed environmental and community groups, which argue the Department of Toxic Substances Control should turn down Phibro-Tech for a renewed permit after a history of violating state rules.

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The Santa Fe Springs site is near the unincorporated area of Los Nietos, a largely Latino neighborhood in Los Angeles County that ranks among the most pollution-burdened communities in the state. The hazardous waste treatment facility is roughly 550 feet from the nearest homes, according to the state agency.

The Phibro-Tech facility had dozens of violations over the previous decade, according to a state analysis of its regulatory record. Last year, DTSC took the company to court, alleging that state inspectors checking the site before the COVID-19 pandemic had found leaking containers and other violations.

Yet months before suing the company, staff at the same agency told worried neighbors that they had tentatively decided to renew the permit for the Santa Fe Springs facility. Serious violations had dwindled in recent years, Department of Toxic Substances Control representatives said, and the facility did not pose a significant threat to the neighborhood.

State officials said they would make a final decision after weighing public comments.

But as it stands, “we have decided that based on all the information available — including their compliance history and their recent record of improving compliance — that it is appropriate to approve the permit,” supervising hazardous substances engineer Phil Blum said at a July meeting.

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The Santa Fe Springs facility brings in hazardous waste and treats it to yield chemicals and metals like copper, which can then be used in electronics and other industries. Phibro-Tech said it “recycles waste that would otherwise need to be landfilled or injected into a deep well,” yielding copper without the harms of mining.

It has been operating on an expired permit since 1996 — longer than any other hazardous waste facility in California, according to a recent court filing by the company. Under California rules, such facilities can keep operating on an expired permit if they turned in an application on time for a new one.

The agency said that one reason the permitting process for Phibro-Tech had taken so many years was “to allow time for environmental sampling and technical assessments” that would inform its decision. In the meantime, DTSC said it had “continued to exercise its enforcement authority,” including by requiring cleanup of historic contamination.

A state review found that over a decade, the Santa Fe Springs facility had more than two dozen violations. Last year, the state rated its compliance history as the eighth worst among 74 hazardous waste facilities in the state, based on a scoring system that tracks violations.

Los Angeles County Supervisor Janice Hahn has publicly called for the facility to be shut down “until it can come into compliance with the law,” saying it poses too great a threat to the community.

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DTSC “has a mandate to protect the public,” said Jaime Sanchez, a nearby resident and member of the local group Neighbors Against Phibro Tech. “But rather than protect the public, they have protected this industry … at the expense of the health, safety and welfare of impacted communities.”

Phibro-Tech said that the state had rated its compliance as “conditionally acceptable,” with a score just over the cutoff for “acceptable.” It said its record had improved dramatically in recent years and that the objections raised by Hahn are “based on a misunderstanding of the plant and its current operations.”

DTSC officials told residents that the new permit would come with conditions to protect nearby communities, including maintaining gas detection sensors in critical areas.

“The big picture story here is that DTSC has reviewed the operations of the facility in great detail. We’ve required extensive changes to how the operations will be conducted under a new permit. And we believe that it demonstrates that the facility can be operated safely,” Blum said at a 2022 meeting.

A portion of residential Los Nietos, seen in the bottom of this image, is across a street and an empty lot from Phibro-Tech, which processes hazardous waste.

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(Myung J. Chun / Los Angeles Times)

Byron Chan, a senior attorney with the environmental law nonprofit Earthjustice, argued that the agency should not give a new permit to “a facility that has shown that it’s not interested in complying.” He said it seemed like fines had become the “cost of doing business” for Phibro-Tech, calling it “an ongoing pattern of unaccountability.”

“You’ll see a pattern of violating the law, paying a penalty, and then violating the law again,” he said.

Five years ago, the agency announced that the company had to pay $495,000 in penalties for violations including storing hazardous waste outside of allowed areas. Earthjustice has also cited past incidents at the Santa Fe Springs facility in which ammonia and hydrochloric acid had been released at the site and workers had been burned with acid.

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Phibro-Tech said in a statement that the chemical releases cited by the environmental group had not threatened the community and that it had adjusted operations to prevent them from recurring. “If a violation is found,” the company said, “we take immediate action to rectify it as quickly as possible.”

In its September lawsuit, DTSC alleged the company had broken the law by keeping hazardous waste in leaking containers, one of several violations found by inspectors visiting the facility in 2019.

It also faulted Phibro-Tech for failing to promptly dismantle a basin where hazardous waste had been processed in decades past. (The Center on Race, Poverty & the Environment, another group opposing a new permit for the facility, argued that failing to do that increases the risk of contaminants spreading.)

Phibro-Tech said many of the alleged violations had resulted from the agency shifting positions. The company said the decades-old permit no longer reflects how DTSC interprets when equipment is handling waste rather than “product,” and that the ambiguity had led to citations for “operating longstanding equipment.”

It also disputed state claims about leaking containers and the required timeline for closing the basin, which it said was now completed.

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All in all, it said, the allegations “are not relevant to today.” DTSC, in turn, said that Phibro-Tech had “returned to compliance” for the violations alleged in the suit.

Chan said the state department appeared to be relying on “a false standard … that if it was not complying with the law yesterday, but it’s in compliance today, then that’s OK.”

It’s “ignoring everything that’s happened in the past,” he said.

In a letter opposing a renewed permit, Earthjustice said the state agency had failed to do the proper level of environmental review for the decision. It also complained that the agency had not collected any information about pollution levels beyond the borders of the Phibro-Tech facility.

Neighbors have raised concerns about industrial contamination at the site, including with hexavalent chromium, the carcinogen perhaps best known as the target of famous activist Erin Brockovich.

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“We want to live in a safe environment. … We don’t want to be concerned about our health, safety and welfare [coming] at the expense of some company making profit,” resident Sanchez said.

Phibro-Tech said it had taken on responsibility for the contamination caused by a prior operator. DTSC officials said cleanup efforts by the company had brought hexavalent chromium in the soil at the site down to safe levels.

DTSC has not identified “significant health hazards from the operation of the facility,” Blum said last year.

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What’s in a Name? For These Snails, Legal Protection

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What’s in a Name? For These Snails, Legal Protection

The sun had barely risen over the Pacific Ocean when a small motorboat carrying a team of Indigenous artisans and Mexican biologists dropped anchor in a rocky cove near Bahías de Huatulco.

Mauro Habacuc Avendaño Luis, one of the craftsmen, was the first to wade to shore. With an agility belying his age, he struck out over the boulders exposed by low tide. Crouching on a slippery ledge pounded by surf, he reached inside a crevice between two rocks. There, lodged among the urchins, was a snail with a knobby gray shell the size of a walnut. The sight might not dazzle tourists who travel here to see humpback whales, but for Mr. Avendaño, 85, these drab little mollusks represent a way of life.

Marine snails in the genus Plicopurpura are sacred to the Mixtec people of Pinotepa de Don Luis, a small town in southwestern Oaxaca. Men like Mr. Avendaño have been sustainably “milking” them for radiant purple dye for at least 1,500 years. The color suffuses Mixtec textiles and spiritual beliefs. Called tixinda, it symbolizes fertility and death, as well as mythic ties between lunar cycles, women and the sea.

The future of these traditions — and the fate of the snails — are uncertain. The mollusks are subject to intense poaching pressure despite federal protections intended to protect them. Fishermen break them (and the other mollusks they eat) open and sell the meat to local restaurants. Tourists who comb the beaches pluck snails off the rocks and toss them aside.

A severe earthquake in 2020 thrust formerly submerged parts of their habitat above sea level, fatally tossing other mollusks in the snail’s food web to the air, and making once inaccessible places more available to poachers.

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Decades ago, dense clusters of snails the size of doorknobs were easy to find, according to Mr. Avendaño. “Full of snails,” he said, sweeping a calloused, violet-stained hand across the coves. Now, most of the snails he finds are small, just over an inch, and yield only a few milliliters of dye.

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Video: This Parrot Has No Beak, But Is at the Top of the Pecking Order

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Video: This Parrot Has No Beak, But Is at the Top of the Pecking Order

new video loaded: This Parrot Has No Beak, But Is at the Top of the Pecking Order

Bruce, a disabled kea parrot, is missing his top beak. The bird uses tools to keep himself healthy and developed a jousting technique that has made him the alpha male of his group.

By Meg Felling and Carl Zimmer

April 20, 2026

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Contributor: Focus on the real causes of the shortage in hormone treatments

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Contributor: Focus on the real causes of the shortage in hormone treatments

For months now, menopausal women across the U.S. have been unable to fill prescriptions for the estradiol patch, a long-established and safe hormone treatment. The news media has whipped up a frenzy over this scarcity, warning of a long-lasting nationwide shortage. The problem is real — but the explanations in the media coverage miss the mark. Real solutions depend on an accurate understanding of the causes.

Reporters, pharmaceutical companies and even some doctors have blamed women for causing the shortage, saying they were inspired by a “menopause moment” that has driven unprecedented demand. Such framing does a dangerous disservice to essential health advocacy.

In this narrative, there has been unprecedented demand, and it is explained in part by the Food and Drug Administration’s recent removal of the “black-box warning” from estradiol patches’ packaging. That inaccurate (and, quite frankly, terrifying) label had been required since a 2002 announcement overstated the link between certain menopause hormone treatments and breast cancer. Right-sizing and rewording the warning was long overdue. But the trouble with this narrative is that even after the black-box warning was removed, there has not been unprecedented demand.

Around 40% of menopausal women were prescribed hormone treatments in some form before the 2002 announcement. Use plummeted in its aftermath, dipping to less than 5% in 2020 and just 1.8% in 2024. According to the most recent data, the number has now settled back at the 5% mark. Unprecedented? Hardly. Modest at best.

Nor is estradiol a new or complex drug; the patch formulation has existed for decades, and generic versions are widely manufactured. There is no exotic ingredient, no rare supply chain dependency, no fluke that explains why women are suddenly being told their pharmacy is out of stock month after month.

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The story is far more an indictment of the broken insurance industry: market concentration, perverse incentives and the consequences of allowing insurance companies to own the pharmacy benefit managers that effectively control drug access for the majority of users. Three companies — CVS Caremark, Express Scripts and OptumRx — manage 79% of all prescription drug claims in the United States. Those companies are wholly owned subsidiaries of three insurance behemoths: CVS Health, Cigna and UnitedHealth Group, respectively. This means that the same corporation that sells you your insurance plan also decides which drugs get covered, at what price, and whether your pharmacy can stock them. This is called vertical integration. In another era, we might have called it a cartel. The resulting problems are not unique to hormone treatments; they have affected widely used medications including blood thinners, inhalers and antibiotics. When a low-cost generic such as estradiol — a medication with no blockbuster profit margins and no patent protection — runs into friction in this system, the friction is not random. It is structural. Every decision in that chain is filtered through the same corporate profit motive. And when the drug in question is an off-patent estradiol patch that has negligible profit margins because of generic competition but requires logistical investment to keep consistently in stock? The math on “how much does this company care about ensuring access” is not complicated.

Unfortunately, there is little financial incentive to ensure smooth, consistent access. There is, however, significant financial incentive to steer patients toward branded alternatives, or simply to let supply tighten — because the companies aren’t losing much profit if sales of that product dwindle. This is not a conspiracy theory: The Federal Trade Commission noted this dynamic in a report that documented how pharmacy benefit managers’ practices inflate costs, reduce competition and harm patient access, particularly for independent pharmacies and for generic drugs.

Any claim that the estradiol patch shortage is meaningfully caused by more women now demanding hormone treatments is a distraction. It is also misogyny, pure and simple, to imply that the solution to the shortage is for women’s health advocates to dial it down and for women to temper their expectations. The scarcity of estradiol patches is the outcome of a broken system refusing to provide adequate supply.

Meanwhile, there are a few strategies to cope.

  • Ask your prescriber about alternatives. Estradiol is available in multiple formulations, including gel, spray, cream, oral tablet, vaginal ring and weekly transdermal patch, which is a different product from the twice-weekly patch and may be more consistently available depending on manufacturer and region.
  • Consider an online pharmacy. Many are doing a good job locating and filling these prescriptions from outside the pharmacy benefit manager system.
  • Call ahead. Patch shortages are inconsistent across regions and distributors. A call to pharmacies in your area, or a broader geographic radius if you’re able, can locate stock that your regular pharmacy doesn’t have.
  • Consider a compounding pharmacy. These sources can sometimes meet needs when commercially manufactured products are inaccessible. The hormones used are the same FDA-regulated bulk ingredients.

Beyond those Band-Aid solutions, more Americans need to fight for systemic change. The FTC report exists because Congress asked for it and committed to legislation that will address at least some of the problems. The FDA took action to change the labeling on estrogen in the face of citizen and medical experts’ pressure; it should do more now to demand transparency from patch manufacturers.

Most importantly, it is on all of us to call out the cracks in the current system. Instead of repeating “there’s a patch shortage” or a “surge in demand,” say that a shockingly small minority of menopausal women still even get hormonal treatments prescribed at all, and three drug companies control the vast majority of claims in this country. Those are the real problems that need real solutions.

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Jennifer Weiss-Wolf, the executive director of the Birnbaum Women’s Leadership Center at New York University School of Law, is the author of the forthcoming book When in Menopause: A User’s Manual & Citizen’s Guide. Suzanne Gilberg, an obstetrician and gynecologist in Los Angeles, is the author of “Menopause Bootcamp.”

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