Port neighborhoods are exposed to produce fumigant
By Alejandra Reyes-Velarde | CalMatters
Published April 24, 2025 12:30 PM
Youths play baseball at Bloch Field in San Pedro with the Port of Los Angeles in the background on April 8, 2025. A nearby fumigation facility uses a highly toxic gas, methyl bromide.
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Joel Angel Juarez
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Topline:
Five facilities near schools and houses in L.A. County fumigate produce shipped from overseas with methyl bromide. But the air agency doesn’t plan to monitor the air or take any immediate steps to protect people from the gas, which can damage lungs and cause neurological effects.
Why it matters: Methyl bromide, which was widely used to treat soil on farm fields, has been banned worldwide for most uses since 2005 under a United Nations treaty that protects the Earth’s ozone layer. Exemptions are granted for fumigation of produce shipped from overseas. While little to no residue remains on the food, the gas is vented into the air where it is sprayed. State health officials have classified methyl bromide as a reproductive toxicant, which means it can harm babies exposed in the womb. With acute exposure, high levels can cause headaches, dizziness, nausea and difficulty breathing, while chronic exposure over a year or longer could cause more serious neurological effects, such as learning and memory problems, according to the California Air Resources Board.
Testing: Even though a San Pedro facility at the Port of Los Angeles and a Compton plant use the largest volumes of methyl bromide — a combined 52,000 pounds a year — the air in nearby communities has never been tested.
Read on ... to learn more about high levels in Long Beach and hot spots.
In a quiet Compton neighborhood near the 710 Freeway, children on a recent afternoon chased each other at Kelly Park after school. Parents watched their kids play, unaware of a potential threat to their health.
On the other side of the freeway, just blocks from the park and Kelly Elementary School, a fumigation company uses a highly toxic pesticide to spray fruits and vegetables.
Earlier this year, the South Coast Air Quality Management District asked the company — along with four other fumigation facilities in San Pedro and Long Beach — to provide data on their methyl bromide usage. But the air quality agency does not plan to install monitors in the communities that would tell residents exactly what is in their air, or hold community meetings to notify them of potential risks.
Instead, the South Coast district has launched a preliminary screening of the five facilities to determine if a full assessment of health risks in the neighborhoods is necessary. But even if that analysis is conducted, the agency won’t require the companies to reduce emissions unless they reach concentrations three times higher than the amounts deemed a health risk under state guidelines, said Scott Epstein, the district’s planning and rules manager.
Piedad Delgado, a mother picking up her daughter from the Compton school, said she “didn’t even know” that the hazardous chemical was being used nearby. When a CalMatters reporter told her about the fumigation plant, Delgado wondered if it was causing her daughter’s recent, mysterious bouts of headaches and nausea.
“It’s concerning. We may be getting sick but we don’t know why,” she said.
For about the past 30 years, the companies have sprayed methyl bromide on imported produce arriving at the ports of Los Angeles and Long Beach to kill harmful pests.
Adults and children cross a street after school at Kelly Elementary School in Compton, which is near a facility that uses a highly toxic fumigant, methyl bromide.
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Joel Angel Juarez
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Methyl bromide, which was widely used to treat soil on farm fields, has been banned worldwide for most uses since 2005 under a United Nations treaty that protects the Earth’s ozone layer. Exemptions are granted for fumigation of produce shipped from overseas. While little to no residue remains on the food, the gas is vented into the air where it is sprayed.
State health officials have classified methyl bromide as a reproductive toxicant, which means it can harm babies exposed in the womb. With acute exposure, high levels can cause headaches, dizziness, nausea and difficulty breathing, while chronic exposure over a year or longer could cause more serious neurological effects, such as learning and memory problems, according to the California Air Resources Board.
It’s concerning. We may be getting sick but we don’t know why.
— Piedad Delgado, Compton resident
State and local air quality officials are responsible for enforcing laws and regulations that protect communities from toxic air contaminants such as methyl bromide, while the Los Angeles County Agricultural Commissioner issues the permits to the fumigation companies.
After CalMatters reported about the facilities last month, members of Congress representing the communities demanded “greater monitoring, transparency and oversight surrounding these fumigation facilities and their toxic emissions.”
“We have serious concerns about the prevalent use of methyl bromide, a toxic pesticide, by container fumigation facilities in Los Angeles County,” U.S. Reps. Nanette Barragán, Maxine Waters and Robert Garcia wrote in an April 11 letter to state and local air regulators and county and federal agricultural officials.
“Several of these fumigation facilities are located close to homes, schools, parks and other public spaces. Our communities deserve a greater understanding of the levels of toxic emissions from these facilities, the health risks from exposure to such emissions, and the oversight processes in place to ensure all protocols are maintained at these sites,” they wrote.
Our communities deserve a greater understanding of the levels of toxic emissions from these facilities, the health risks from exposure to such emissions, and the oversight processes in place.
— U.S. Reps. Nanette Barragán, Maxine Waters and Robert Garcia
Even though the San Pedro facility at the Port of Los Angeles and the Compton plant use the largest volumes of methyl bromide — a combined 52,000 pounds a year — the air in nearby communities has never been tested.
The two Long Beach facilities use much less, yet state tests in 2023 and 2024 detected potentially dangerous levels in a neighborhood near an elementary school.
South Coast district officials said although certain levels of methyl bromide in the air could cause health effects, it doesn’t necessarily mean immediate action is necessary.
“We don't want to go out and unnecessarily concern folks if there isn't (a health concern), but we are actively investigating this right now,” said Sarah Rees, the South Coast district’s deputy executive officer for planning, rule development and implementation.
Global Pest Management, which fumigates in Compton and Terminal Island, did not return calls from CalMatters. An employee at the facility declined to comment. A general manager at SPF Terminals in Long Beach also declined to comment.
Greg Augustine, owner of Harbor Fumigation in San Pedro, said his company has been permitted for more than 30 years and complies with all requirements.
“To protect the health of our community, the air district establishes permit conditions and we comply with all of those permit conditions,” he said. “Those are vetted by the air district ... and they’re all designed to protect the health of our community.”
To protect the health of our community, the air district establishes permit conditions and we comply with all of those permit conditions.
— Greg Augustine, owner of Harbor Fumigation in San Pedro
Daniel McCarrel, an attorney representing AG-Fume Services, which fumigates at facilities in Long Beach and San Pedro, did not respond to questions but previously told CalMatters last month that the company is adhering to all of its permit conditions.
High levels found in Long Beach
Back in 2019, during region-wide testing, South Coast district officials detected methyl bromide in the air near the two West Long Beach facilities close to concentrations that could cause long-term health effects. The South Coast district took no action at the time — other than to publish a large study online of all toxic air contaminants throughout the four-county LA basin.
Then, several years later, the state Air Resources Board found that the two facilities — SPF Terminals and AG-Fume Services — spewed high concentrations of methyl bromide at various times throughout the year.
The state’s air monitor near Hudson Elementary School in West Long Beach — which is just about 1,000 feet from the two facilities — detected an average of 2.1 parts per billion in 2023 through part of 2024. Exposure to as little as 1 ppb for a year or more can cause serious nervous system effects as well as developmental effects on fetuses, according to state health guidelines.
Spikes of methyl bromide were as high as 983 and 966 ppb in February and March of 2024. Short-term exposure to 1,000 ppb can cause acute health effects such as nausea, headaches and dizziness.
But state and district air-quality officials didn’t inform nearby residents about any of the monitoring data for longer than a year — not until three months ago, in a community meeting held in Long Beach.
Edvin Hernandez, right, waits to pick up his son at Kelly Elementary School in Compton, which is near a fumigation plant.
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Joel Angel Juarez
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SPF Terminals in Long Beach uses methyl bromide. High levels of the gas were found near an elementary school in West Long Beach.
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Upon learning of the test results, the Los Angeles County Agricultural Commissioner a few months ago added new permit conditions for SPF Terminals and AG-Fume Services, including shutting doors, installing taller smokestacks and prohibiting fumigation during school hours, according to permits obtained by CalMatters.
But the county permits for the three San Pedro and Compton facilities, which use much larger volumes of methyl bromide, remain unchanged, with none of the protections added to the Long Beach permits. And officials still have not held any community meetings there.
The agricultural commissioner’s office declined to comment on the facilities.
A complex web of 'hot spots' rules for methyl bromide
About 38% of the methyl bromide used in California for commodity fumigation is in L.A. County, according to Department of Pesticide Regulation data for 2022.
After many Long Beach residents expressed concerns, the South Coast district assessed all nine facilities permitted to use the chemical in the region and determined that five could pose a risk to residents.
Now the agency is going through a complex process outlined under the state’s Air Toxics “Hot Spots” law, enacted in 1987. Usage data, weather patterns and proximity to neighborhoods will be used to calculate a “priority score” for each of the five facilities.
If a facility’s score is high enough, then the company will be required to conduct a full health risk assessment to examine the dangers to the community. None of the scores have been released yet.
Risk assessments under the air district’s rules are a complicated, multi-step process likely to take many months.
Smokestacks are shown at a facility that fumigates imported produce at the Port of Los Angeles in San Pedro. AG-Fume Services and Harbor Fumigation operate at this facility.
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And these health assessments may not trigger any changes at the facilities. It all depends on whether certain thresholds for hazards are crossed.
But South Coast district officials said action isn’t triggered if methyl bromide exceeds these reference levels. Instead, the district uses a state-created “hazard index” based on them.
If a facility’s hazard index reaches one — which means concentrations outside the facility have reached the reference dose and could cause harm — the company must notify the public, under a South Coast district regulation. However, the facilities will only be required to take steps to reduce emissions if the hazard index reaches three — three times the reference level that indicates potential harm, according to that regulation. Expedited action is required under the rule if the index is five times higher.
“Just because it’s above the [reference level], it doesn’t mean it’s going to cause health impacts,” said Ian MacMillan, assistant deputy executive officer at the South Coast air district. He said the reference level indicates “there’s a possibility that there could be health impacts.”
The series of escalating thresholds is designed as a balancing act between regulating facilities and protecting the public, officials said.
MacMillan also said methyl bromide emissions must be considered in the context of overall air quality in the region — the entire L.A. basin has an average hazard index of 5.5 when considering all sources of toxic air pollutants from industries and vehicles, he said.
When told about the fumigation plants and lack of air testing and risk assessments, residents contacted by CalMatters were outraged.
“There’s no interest from the government to protect our health,” said Edvin Hernandez, a father picking up his 9-year-old son from Kelly Elementary School in Compton. “We’re surviving by the hand of God.”
The members of Congress — Barragán, Waters and Garcia — asked air regulators to install monitors near all Los Angeles County fumigation facilities, compile inspection records, conduct health assessments in the communities and provide all of the results on a public website.
“It is egregious that communities in California are still being impacted by this harmful and unnecessary chemical,” said Alison Hahm, a staff attorney with the Natural Resources Defense Council, which is working with community members. “In addition to stopping this ongoing public health threat in West Long Beach and Los Angeles, residents are demanding accountability and remedies for the harm endured.”
The methyl bromide facilities in L.A. County are subjected to a different permitting process than elsewhere in California.
That’s because in 1996, the South Coast air district and the Los Angeles County Agricultural Commissioner agreed to share responsibility for regulating fumigating facilities. The agricultural office is tasked with issuing permits and the air agency is in charge of setting emissions limits and enforcing them.
In the Bay Area, the local air district has a similar agreement with agricultural departments that originated in 1997. However, the district decided that agreement is out of date so it is now issuing permits too. One facility in the Bay Area uses the pesticide, Impact Transportation of Oakland. In 2019, the air district assessed the health risks of that facility and modeled how the fumes spread.
In the San Joaquin Valley, new facilities or those changing their methyl bromide use are subject to a health risk evaluation before a permit is issued. Facilities permitted before the air district was established in 1992 are subject to a review like the one that the South Coast district is now launching in San Pedro and Compton.
The Los Angeles Agriculture Commissioner’s office, when asked whether it conducts a risk assessment before issuing permits, declined to answer any questions. CalMatters filed a public records request seeking risk assessments, but they said they had no records matching the request.
South Coast air regulators said they and the commissioner are now considering if any changes to their agreement should be made.
Allowed to use up to a half-ton of methyl bromide a day
Fumigation of produce using methyl bromide occurs within an enclosed facility, and the produce is covered by a tarp when sprayed. The fumes are then released into the atmosphere through tall smokestacks, a process called aeration.
CalMatters filed a public records request with the county agricultural office and received the five facilities’ permits for 2023 through 2025. The permits show that the two Long Beach companies are now required to take an array of new precautions to limit fumes emitted into communities that the three Compton and San Pedro families are not — even though the Long Beach ones use much smaller volumes of methyl bromide.
The San Pedro and Compton plants are allowed to use up to 1,000 pounds of methyl bromide in a 24-hour period. In contrast, the Long Beach plants can use up to 200 pounds in 24 hours, and in Oakland, Impact Transportation’s permit allows only 108 pounds.
Pallets of produce are piled up at the outer berths at the Port of Los Angeles in San Pedro.
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A tarped area holds a tank that contains a hazardous gas, most likely methyl bromide. A fan and roof vents ventilated the area while garage doors were left open on April 8. AG-Fume Services and Harbor Fumigation operate at this location.
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Joel Angel Juarez
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The San Pedro and Compton facilities release fumes into the atmosphere during the daytime, except when they use an exhaust stack meeting certain height requirements, according to their permits.
The two Long Beach facilities, SPF Terminals and AG Fume Services, have new, additional requirements this year: Fumigation can’t occur between 8:30 a.m. and 3:30 p.m. when a school is within 1,000 feet. And by the end of this month, they must replace their smokestacks with taller ones that are at least 55 feet tall, which disperse the fumes better. All doors must be closed during fumigation and aeration and fans must be used in the aeration process.
‘We don’t have a choice’
At a ballpark on a recent day in San Pedro, Eastview Little League players took the field. When a 13-year-old boy on the Pirates team was up to bat, his mom, Amy Shannon, cheered him on.
“Let’s go D! Deep breath boy, you got it!” she shouted.
Then she paused. Maybe she shouldn’t be encouraging her son to take a deep breath, she said. Shannon had just learned from CalMatters about the fumigation facility across the street from the baseball field.
Amy Shannon, left, and Roxanne Gasparo, right, attend their children’s Little League game at Bloch Field near the Port of Los Angeles in San Pedro. Both women were unaware that a fumigation facility nearby has been using a toxic gas for about 30 years.
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Joel Angel Juarez
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At the facility where AG Fume and Harbor Fumigation operate, at 2200 Miner St., it was business as usual that day. A ship was docked on one side of the Los Angeles Port berth. On the other side, hundreds of stacks of fruits and vegetables were visible through several large garage doors.
Some of the stacks were covered with plastic. A tank containing a fumigant — labeled with a hazard sign depicting a skull — was hooked up outside. Yellow smokestacks protruded from the facility.
An AG-Fume Services truck was parked near one of the garage doors. Workers wearing yellow vests and sun-protective hats closed the garage doors, but left them slightly open at the bottom.
At the baseball field, Shannon watched the game with a friend, Roxanne Gasparo. Both women grew up in San Pedro. Gasparo said she wasn’t at all surprised to learn that a dangerous gas could be in their air.
“Because it's a port town, unfortunately, we’re used to pollution. We have the port, obviously, and all the refineries next to us," Gasparo said.
“There’s really no way to get out of it unless you leave the city, and because most of the families here are blue collar families that rely on the unions, we kind of don’t have a choice,” she added. “We just deal with it and raise our kids the best we can.”
Frank Stoltze
is a veteran reporter who covers local politics and examines how democracy is and, at times, is not working.
Published April 20, 2026 6:03 PM
Los Angeles City Hall
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Samanta Helou Hernandez
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Topline
Los Angeles Mayor Karen Bass on Monday unveiled a $14.9 billion budget that is significantly rosier than last year’s spending plan, when she suggested massive layoffs and service cuts to accommodate a billion-dollar deficit.
The details: This year, because of a projected increase in revenues, the mayor is proposing no layoffs and a modest expansion of street services. The budget also calls for hiring police officers to keep up with retirements and resignations, maintaining Fire Department spending and holding steady funding for homelessness programs.
Reserve fund: In Bass’ proposal, the reserve fund is 5.7% of the general fund, or $490 million. The budget does not dip into the reserves, in contrast to last year’s plan.
Criticism: Bass is seeking re-election this year, and several of her challengers criticized the budget. “The budget the Mayor released today tells us the plan is to largely keep doing what we're doing — but what we're doing is not working,” Councilmember Nithya Raman said in a statement.
Los Angeles Mayor Karen Bass on Monday unveiled a $14.9 billion budget that is significantly rosier than last year’s spending plan, when she suggested massive layoffs and service cuts to accommodate a billion-dollar deficit.
This year, because of a projected increase in revenues, the mayor is proposing no layoffs and a modest expansion of street services. Bass' budget also calls for hiring police officers to keep up with retirements and resignations, maintaining Fire Department spending and holding steady funding for homelessness programs.
“This budget is about protecting the progress we have made and making clear that Los Angeles is moving forward and will not go backward,” Bass said at a news conference.
In the proposal, the reserve fund is 5.7% of the general fund, or $490 million. The budget does not dip into the reserves, in contrast to last year’s plan.
Bass is seeking re-election this year. The primary is June 2.
Some of her challengers in the upcoming election, including Councilmember Nithya Raman, criticized Bass’ proposal as doing little more than maintaining the status quo.
“The budget the Mayor released today tells us the plan is to largely keep doing what we're doing — but what we're doing is not working,” Raman said in a statement.
Next, the proposal will go to the City Council for consideration. Budget hearings will be conducted in the coming weeks.
Increasing revenue
Among the reasons city officials say revenue will go up is the expected influx of thousands of visitors to World Cup soccer matches this summer. More travelers mean more people staying in hotels and paying hotel taxes, as well as more sales tax revenue.
The budget projects a $412 million increase in general tax revenue, including $71 in business taxes, $34 million in sales taxes and $67 million in utility taxes.
The budget would add 170 new positions in the department that handles street repairs and increase funding for street and sidewalk fixes, curb-ramp installation, street sweeping, bulky item pickup and dedicated illegal dumping enforcement throughout the city.
The budget also proposes hiring 510 police officers, representing a target of 8,555 for the Police Department and enough to keep up with attrition, according to budget officials. Bass has set a goal of 9,500 officers.
“It’s about preventing the shrinkage of LAPD,” Bass said.
That proposal is likely to see opposition from some council members who want to see the department shrink and funding for unarmed response teams increase.
Inside Safe
The budget sustains citywide coverage for civilian unarmed crisis response, maintaining deployment of 500 crossing guards and expanding a program that aims to help children get to and from school safely and protect them from gang violence.
Under the budget, funding for Inside Safe, the mayor’s signature program to address homelessness, would remain about the same — $104 million.
The mayor touts an 18% drop in street homelessness as evidence of its success.
The budget maintains funding for the city Fire Department. In November, voters are expected to decide whether to increase the sales tax by half a percent to pay for more firefighters and equipment.
Criticism for the budget
Bass’ challengers immediately criticized her budget as lacking vision.
“This budget maintains a status quo of reduced services and higher fees, the direct result of fiscally irresponsible decisions made by this Mayor in prior years,” Raman said in her statement.
In January, the council member voted against Bass’ plan to hire 170 more police officers.
Adam Miller, a tech entrepreneur and another Bass challenger, said keeping the budget flat “implies that the status quo is working.”
“That is tone-deaf to the city of Los Angeles as Angelenos overwhelmingly feel we need change," he said.
The budget needs to be approved by the City Council and signed by the mayor by July 1, the start of the fiscal year.
Jordan Rynning
holds local government accountable, covering city halls, law enforcement and other powerful institutions.
Published April 20, 2026 5:32 PM
LAHSA workers observe L.A. city sanitation workers removing a houseless encampment during a sweep of an encampment in Venice Beach.
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Topline:
The L.A. Homeless Services Authority announced Monday that the agency will narrow its focus and lay off 284 employees at the end of June.
Why now: The changes at the public agency, known as LAHSA, come after the L.A. County Board of Supervisors voted last April to withdraw more than $300 million in annual funding for the agency.
The context: LAHSA interim CEO Gita O’Neill called the staffing changes a “necessary evolution," according to a news release announcing the move. “By narrowing our focus to macro-level governance, data management, and securing federal funding, we are stepping into our true role as a strategic architect of the region’s homelessness response system.” In December, a group of LAHSA employees wrote an open letter to the Board of Supervisors demanding they “ensure no County-funded worker is displaced.”
Hundreds of layoffs: The agency will send layoff notices to the 284 employees on April 30, according to the news release. Another 130 positions that are currently vacant will also be eliminated in the transition. Some of the layoffs may be avoided, a LAHSA spokesperson said in the news release, “depending on the final details of the City of Los Angeles budget.”
"I want to profoundly thank our staff for their unwavering dedication and hard work serving people experiencing homelessness across Los Angeles County," O’Neill said. "Our staff has been the driving force behind the historic reductions in street homelessness we've seen over the past two years.”
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Labor Secretary Lori Chavez-DeRemer is leaving her post amid an internal investigation brought on by complaints about misconduct.
More details: White House Director of Communications Steven Cheung announced the departure on X, writing "she has done a phenomenal job in her role by protecting American workers, enacting fair labor practices, and helping Americans gain additional skills to improve their lives." Cheung said Chavez-DeRemer was taking a position in the private sector.
Why it matters: Chavez-DeRemer is the third cabinet member to leave during President Trump's second term.
Read on... for more on the resignation.
Labor Secretary Lori Chavez-DeRemer is leaving her post amid an internal investigation brought on by complaints about misconduct.
White House Director of Communications Steven Cheung announced the departure on X, writing "she has done a phenomenal job in her role by protecting American workers, enacting fair labor practices, and helping Americans gain additional skills to improve their lives." Cheung said Chavez-DeRemer was taking a position in the private sector.
A senior official at the Labor Department not authorized to speak publicly about the departure said the secretary had resigned.
Chavez-DeRemer is the third cabinet member to leave during President Donald Trump's second term.
In early March, Trump fired Homeland Security Secretary Kristi Noem shortly after lawmakers on Capitol Hill berated her over her agency's handling of immigration enforcement — as well as its $220 million ad campaign featuring the secretary on horseback.
A month later, Attorney General Pam Bondi left amid simmering frustration over her leadership of the Justice Department and her handling of the Jeffrey Epstein files.
While Chavez-DeRemer has played a far less visible role than Bondi or Noem in Trump's second term, her tenure has also been marked by controversy.
In January, the New York Post first reported that the Labor Department's inspector general was looking into complaints that Chavez-DeRemer was having an affair with a subordinate, drinking alcohol on the job and using taxpayer-funded travel to visit with friends and family members.
NPR has not independently verified the contents of the investigation.
While in office, Chavez-DeRemer spent much of her time away from Washington. A year ago, she launched her "America at Work" listening tour, an initiative that took her to all 50 states.
Chavez-DeRemer's chief of staff and deputy chief of staff, who had been on leave since January, resigned in early March. A third senior member of her staff, Melissa Robey, said in a statement issued March 26 that she had been fired a couple days earlier, after giving a four-hour interview to the Office of the Inspector General.
Meanwhile, the New York Times was first to report that Chavez-DeRemer's husband, Shawn DeRemer, an anesthesiologist in Portland, Ore., had been barred from Labor Department headquarters in Washington, D.C., after at least two staffers reported he had touched them inappropriately. Washington, D.C. police and federal prosecutors closed the investigations without bringing charges.
An unconventional choice
Trump's selection of Chavez-DeRemer to lead the Labor Department was seen by many as a concession to Teamsters President Sean O'Brien. O'Brien had been friendly with Trump through the presidential campaign, taking a prime-time speaking slot at the 2024 Republican National Convention and later declining to endorse Trump's opponent, then-Vice President Kamala Harris.
O'Brien had pushed for Chavez-DeRemer's selection, noting that she was one of only a few Republicans in Congress to have supported the PRO Act. That bill aimed to make it easier for workers to organize unions, including by overturning state Right to Work laws, which weaken unions.
At the time, Trump wrote, "Lori's strong support from both the Business and Labor communities will ensure that the Labor Department can unite Americans of all backgrounds."
Deputy Labor Secretary Keith Sonderling, who has already been running much of the day-to-day operations of the Labor Department, has been named acting secretary, according to Cheung's post on X.
Sonderling previously served at the Labor Department during the first Trump administration and at the Equal Employment Opportunity Commission under the Biden administration, having been nominated by Trump during his first term to fill a Republican seat.
Copyright 2026 NPR
Jill Replogle
covers public corruption, debates over our voting system, culture war battles — and more.
Published April 20, 2026 4:07 PM
Orange County Judge Ebrahim Baytieh, a former high-profile prosecutor, answers questions in a San Diego courtroom in 2024 about evidence involving jailhouse informants that was withheld from defendant Paul Smith.
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Alejandro Tamayo
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Topline:
Before he became an Orange County Superior Court Judge, Ebrahim Baytieh was fired as a prosecutor by District Attorney Todd Spitzer for allegedly cheating to win convictions. And Baytieh was accused by a San Diego judge last year of lying under oath. But an O.C. nonprofit that teaches youth about constitutional rights awarded Baytieh “Judge of the Year” at its annual reception last week.
The backstory: Before becoming a judge,Baytieh held a top position in the office of former O.C. District Attorney Tony Rackauckas, when it came to light that he and other prosecutors had illegally used jailhouse informants or “snitches” to win convictions. Baytieh repeatedly denied the misconduct in public, and was accused last year by a San Diego judge of trying to conceal his own role in the misdeeds.
What does the nonprofit say? The group that gave Baytieh the award, the Constitutional Rights Foundation, Orange County, said in a statement that they honored Baytieh because he was the top volunteer for the group’s high school mock trial competition. They said the group had “received positive feedback from coaches and students over whose trials [Baytieh] presided.”
Before he became an Orange County Superior Court Judge, Ebrahim Baytieh was fired as a prosecutor by District Attorney Todd Spitzer for allegedly cheating to win convictions. And Baytieh was accused by a San Diego judge last year of lying under oath. But an O.C. nonprofit that teaches youth about constitutional rights awarded Baytieh “Judge of the Year” at its annual reception last week.
The group, the Constitutional Rights Foundation, Orange County, said in a statement that they honored Baytieh because he was the top volunteer for the group’s high school mock trial competition. The statement said the group had “received positive feedback from coaches and students over whose trials [Baytieh] presided.”
Some questioned whether the award was appropriate.
“It’s disgusting,” said Scott Sanders, the former public defender who uncovered the so-called “snitch scandal,” in which Baytieh was a major player. “If you’re going to have a group that’s dedicated to constitutional rights, it is not a good look to make your ‘Judge of the Year’ a guy who has been found to violate constitutional rights.”
What’s come to be known as the O.C. snitch scandal refers to the systematic use of jailhouse informants to coax confessions from defendants without their lawyers present, and then hide that evidence from defendants — both of which are illegal. The misconduct took place under former District Attorney Tony Rackauckas. Spitzer, the current DA, has vowed to never let such misconduct happen again. But he has been left to deal with the fallout, including past wrongful convictions that continue to come to light.
Nevertheless, a federal civil rights investigation ultimately concluded that O.C. law enforcement “systematically violated criminal defendants’ right to counsel."
Baytieh’s prominent role in those violations has come into focus in recent years, most recently when the District Attorney’s Office was forced to drop murder charges in a decades-old case that Baytieh had initially prosecuted. The judge in that case concluded that Baytieh and his prosecution team had withheld evidence, and then lied on the stand about it in 2024. The judge called the prosecution’s behavior "reprehensible."
Orange County Asst. Public Defender Scott Sanders questions former prosecutor Ebrahim Baytieh, now an O.C. Superior Court judge, about the use of jailhouse informants in a San Diego courtoom on June 10, 2024.
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Previously, Baytieh had been fired by Spitzer after an internal investigation found Baytieh had illegally withheld evidence in the same murder case. Baytieh would go on to win election to the O.C. Superior Court a few months later, with endorsements from dozens of current and former judges and law enforcement leaders.
LAist reached out to Baytieh for this story but has not received a response. Paul Meyer, a defense attorney who has represented Baytieh in recent years, declined to comment.
One-man protest from an unlikely critic
As high school students and their parents arrived at Calvary Church in Santa Ana last Thursday for the mock trial awards ceremony, Paul Wilson walked through the parking lot, handing out copies of a six-page letter, penned by Sanders, the former public defender, highlighting Baytieh’s unethical behavior and urging the Constitutional Rights Foundation not to honor the judge.
The event went on as planned.
What is the Constitutional Rights Foundation?
The Constitutional Rights Foundation, Orange County is a nonprofit, nonpartisan organization that teaches teens about civics and the legal process. It runs moot court and mock trial competitions for middle- and high-schoolers.
The board of directors, judicial advisory board, and sponsors include dozens of prominent lawyers, law firms, and judges in Orange County.
Wilson and Sanders have become unlikely allies in a quest to root out past misconduct by O.C. law enforcement and seek justice for defendants who didn't get a fair trial.
More than a decade ago, Sanders and Wilson were on opposite sides of the courtroom. Sanders was defending Scott Dekraai, the man accused of killing Wilson’s wife, Christy, and seven others in the county’s worst mass shooting in modern history, at a salon in Seal Beach.
Dekraai was arrested in what appeared to be a slam dunk legal case. But then, while preparing for trial, Sanders discovered a secret law enforcement program that offered money and perks to jailed informants to surreptitiously question defendants, including Dekraai. Questioning a defendant without giving them the opportunity to have a lawyer present runs afoul of the Constitution. Prosecutors were also hiding evidence about informants from defendants, another constitutional violation.
As a result of Sanders’s discovery, the Dekraai case dragged on for years. In a humiliating defeat, the DA’s office was removed from prosecuting the case because of the misconduct. And in a blow to the victims’ families, a judge ruled that the death penalty would be off the table.
An investigation by the U.S. Department of Justice followed, during which Baytieh, then a top prosecutor, denied having any knowledge of the misconduct.
Paul Wilson hands copies of a letter detailing Judge Baytieh's role in the snitch scandal to attendees of an awards ceremony sponsored by the Constitutional Rights Foundation of Orange County.
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Courtesy: Paul Wilson
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LAist
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After the ordeal, Wilson began crusading to reform O.C. law enforcement. “We haven’t gotten the justice we deserve,” Wilson said of himself and other victims’ family members.
That’s what led him to make copies of Sanders’s denouncement of Baytieh’s “Judge of the Year” award, and to bring them to the Constitutional Rights Foundation’s celebratory event last week, he told LAist.
“ I felt a great need to go down and let some of these students that Baytieh has been mentoring … know who this guy was and what he's all about and what he continues to be,” Wilson said.
“For years and years, those guys operated behind this shield that nobody was going to catch them,” Wilson said of Baytieh and other former O.C. prosecutors and sheriff’s deputies who were found by judges and the U.S. Department of Justice to have participated in the misconduct.
Wilson told LAist he passed out about 45 copies of Sanders’s letter before someone from the Constitutional Rights Foundation asked him to leave.
Read the letter:
Pending justice
Sanders retired last year from the O.C. Public Defender’s office after 32 years. Before he left, around 60 convictions tainted by the misuse of informants had been lessened or overturned. In one, a 69-year-old man was freed from prison after the DA's Office admitted that prosecutors withheld evidence decades ago that mitigated his guilt. The man had already spent 41 years in prison.
Sanders said there’s much more work to do — in court filings, he has detailed dozens of convictions that he argues should be revisited because of law enforcement misconduct.
Baytieh prosecuted many of those cases.
“Every one of his cases should be torn apart,” Sanders said.