Pipe dream.

• Author: Kramer, Jacob

In early July, the city of Los Angeles was about to approve the use of Optiflex, a new kind of plastic pipe, in residential and commercial construction. Made of a heat-resistant version of polyethylene, the plastic used in milk and soda bottles, Optiflex does not corrode or rust. Unlike copper, it is not affected by acidic soils, and it won't rupture if frozen or shaken by a minor earthquake. Timothy Taylor, head of the city's Building and Safety Department, called Kerry Welsh, director of marketing for Optiflex USA, and told him the pipe was likely to pass muster. One month later, Taylor informed Welsh that Optiflex would not be approved.

Between the beginning and the end of July, something happened to change Taylor's mind: On July 21 he received a letter from Adams and Broadwell, a law firm representing the Southern California Pipe Trades Council, District 16, an association of local plumbing and pipe-fitting unions. The staid legal language of the letter said that approval of Optiflex would be a "discretionary" judgment subject to the California Environmental Quality Act (CEQA). Taylor's experience taught him to read between the lines: "'Don't miss anything, or we'll sue your ass.' That's how I interpreted it."

Why is an association of pipe fitters so concerned about the environment? Says Daniel Cardozo, a lawyer at Adams and Broadwell, "Our members are plumbers, and we're concerned about the integrity of the materials and the work that we do."

Taylor finds that explanation a little dubious. "I don't know whether this is a real safety issue, or a labor issue," he says. As it happens, Optiflex is easier to install than metal pipe and would cut down on the need for plumbers. The Pipe Trades Council's success at blocking approval of Optiflex illustrates how entrenched interests can use environmental legislation to protect their wallets.

Under CEQA, the state is required to conduct an extensive study of any project that has a "significant effect on the environment." If a locality is approving a project according to a state code, CEQA does not apply. But the state has no regulation for plastic pipes carrying drinking water inside a building. So Taylor's approval may have been a "discretionary" action subject to CEQA, meaning the pipe could not be approved without an environmental impact report. "I think the people at Optiflex are a little naive about CEQA regulations," Taylor says.

Frustrated in L.A., Welsh took his product to the state...