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

- BYCONNORSH­EETS & LAURA J. NELSON Sheets and Nelson write for the Los Angeles Times.

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.

 ?? IRFAN KHAN LOS ANGELES TIMES FILE ?? Crew from Patriot Environmen­tal Services work to clean oil in Talbert Creek on Oct. 5 after a massive spill off the Orange County coast in Huntington Beach.
IRFAN KHAN LOS ANGELES TIMES FILE Crew from Patriot Environmen­tal Services work to clean oil in Talbert Creek on Oct. 5 after a massive spill off the Orange County coast in Huntington Beach.

Newspapers in English

Newspapers from United States