San Diego Union-Tribune (Sunday)
A LONG ROAD AHEAD TO RECOVERY FROM HUNTINGTON BEACH OIL SPILL
Unraveling legal liability, preventing future leaks among long-term issues
An oil sheen spotted off Huntington Beach last weekend served as a potent reminder of how long it will take Southern California to untangle the legal, regulatory and environmental fallout of an October pipeline spill that released an estimated 25,000 gallons of crude into the ocean.
A sheen 70 feet by 30 feet was spotted the morning of Nov. 20 and gone by nightfall, authorities said. The U.S. Coast Guard said it was probably a residual leak from the ruptured 17.3-mile pipeline, which has been shut down since Oct. 2.
Divers preparing for a routine inspection of the damaged pipeline spotted the sheen about 9:30 a.m. Nov. 20, the California Department of Fish and Wildlife said. Underwater, they saw oil droplets near the damaged section, which since the spill has been encased in a material called Syntho-glass. Divers removed the wrap and installed a new one.
If Amplify Energy, the Texasbased company that operated the pipeline, was responsible for last weekend’s release of the oil, there may be repercussions, said Ted Borrego, an oil and gas lawyer with 50 years of experience in the industry and adjunct professor at the University of Houston Law Center.
“If it is a repeat problem which is caused by a company, then fines are in order,” Borrego said in an email, adding that authorities could take other steps depending on the circumstances.
Meanwhile, the wave of lawsuits sparked by the October spill is continuing to grind through the federal court system. Amplify is now facing 14 lawsuits filed by businesses, residents, property owners and others affected by the spill. The plaintiffs include Laguna Beach coastal property owners, a Huntington Beach surf school, a Seal Beach bait and tackle store, and several groups of fishing and seafood sales companies.
Several of the 22 law firms involved in the litigation have already pressed U.S. District Judge David O. Carter to consolidate their lawsuits into a class-action case. He signaled in a Nov. 9 court filing that he will eventually consolidate the cases, but is still weighing when to do so.
Carter has ordered a mid-december hearing at the Santa Ana federal courthouse, where lawyers could lobby to head up the litigation. He said he would lean toward selecting one or more firms with “longstanding” connections to Orange County and Los Angeles, experience with class-action litigation, and knowledge of bankruptcy and environmental law.
In court filings last month, an Amplify attorney identified a long list of insurers, including a Houstonbased underwriter and 10 syndicates of Lloyd’s, that could also shoulder some legal bills or eventual settlement costs.
Federal investigators believe the October spill was triggered by a ship’s anchor striking the pipeline during a storm in January, complicating the question of civil liability for the incident.
Last week, federal authorities identified and boarded a second cargo ship, the container vessel Beijing, at the port in Long Beach. The Coast Guard said in a statement that the ship was involved in the Jan. 25 anchor-dragging incident during heavy weather, and has designated the ship’s owners, Capetanissa of Liberia and the operator V-ships Greece Ltd., as parties of interest in the investigation.