Environmental Groups Sue
School Bus Operator

SAN FRANCISCO — The Environmental Law Foundation and Our Children’s Earth Foundation filed a complaint against Laidlaw Transit Inc., suing the largest school bus operator in North America for failing to warn children about the dangers of diesel fumes.

The lawsuit is the latest in a number of claims against operators and manufacturers of diesel vehicles citing failure-to-warn violations since the enactment of the Safe Drinking Water and Toxic Enforcement Act in 1986.

Calls to several school districts that contract with Laidlaw for transportation services were not returned.

While Laidlaw said it could not comment on ongoing litigation, spokesperson Tiffini Bloniarz said the company operates in full compliance with U.S. EPA tail pipe diesel emission regulations. And emissions testing is conducted annually on Laidlaw’s fleet of nearly 40,000 buses used in 1,000 school districts nationwide.

But the two environmental groups still claim the school bus operator is in violation of California’s Proposition 65 for not listing the dangers of diesel fuel exhaust, which is classified by the state as a cancer-causing carcinogen. The complaint, filed in San Francisco County Superior Court on May 2, seeks to require Laidlaw to put warning signs on its buses and notify parents.

“Simply putting warning signs on school buses does not meet the ‘clear and reasonable’ warning requirement,” said Alise Cappel, research director for the Environmental Law Foundation, “Our position is that parents should be notified in writing.”

Information provided on the ELF Web site, www.envirolaw.org, points to controversial studies by the California Air Resources Board and California’s South Air Coast Quality Management District among others saying diesel exhaust is associated with cancer risk and respiratory problems. Children, who ELF and OCE said are the most susceptible to the hazards, are unnecessarily exposed despite the availability of cleaner technologies.

While the goal of the lawsuit against Laidlaw is to create awareness, ultimately the environmental groups seek to reduce toxic diesel emissions from school buses.
“Certainly, it would be desirable that no warnings be required rather than dosing children with a carcinogen (diesel engine exhaust) every day,” Cappel said. “Prop 65 relies on the principle that people have a right to know so that parents, once they know, may decide to take action.”

Laidlaw’s Bloniarz said the contractor enforces a strict idling policy in an effort to reduce emissions and operates a stringent vehicle maintenance program to ensure the buses are running in top condition. Additionally, she said, Laidlaw is currently testing or operating several industry firsts, including hybrid technology, green diesel, propane and natural gas.

“Laidlaw Education Services takes the safety of the children we transport very seriously, including environmental concerns,” she said. “Laidlaw is committed to do its part in working with federal and state governments, bus manufacturers and our customers to promote responsible industry practices and incorporate the latest technological advancements to further ensure the safety of the 2 million children the company transports daily across North America.”

Source: School Transportation News, July 2006. All rights reserved.