A California grand jury indicted Plains All American Pipeline and one of its employees for alleged violations of state law in connection with the Refugio oil spill.
The charges came on May 16, just three days before the spill’s first anniversary and narrowly within the one-year statute of limitations for criminal filing. The indictment comprises 46 counts total, including four felony violations of state laws for spilling oil and hazardous substances into state water, 36 misdemeanor charges related to the spill’s impact on birds and mammals, and misdemeanor violations for failing to provide timely notice of the oil spill to the Office of Emergency Services (OES).
James Buchanan, a Plains environmental and regulatory compliance specialist, is also facing three misdemeanor charges for failing to notify OES in a timely manner, according to a news release from California Attorney General Kamala Harris.
The May 19, 2015, spill released 142,800 gallons of crude into the ocean at Refugio State Beach, killing at least 195 birds and 106 mammals, staff attorney for the Center for Biological Diversity Kristen Monsell told the Sun earlier this month. The spill caused ecological and economic harm to the area as well, the full extents of which aren’t yet known.
Santa Barbara County District Attorney Joyce Dudley said in Harris’ news release that many local and state agencies collaborated to present evidence for indictment to a Santa Barbara County grand jury.
“The indictment was a response to the evidence presented and speaks to the alleged criminal culpability of both the corporation and an individual who are alleged to have caused harm to Santa Barbara County’s magnificent natural surroundings and death to some of its majestic wildlife,” Dudley said in the release.
Plains, which is facing up to $2.8 million in fines plus costs and penalties, said in its news release that the company is “deeply disappointed” in the California Attorney General’s and Santa Barbara District Attorney’s decision to pursue criminal charges, which it plans to fight.
“Plains believes neither the company nor any of its employees engaged in any criminal behavior at any time in connection with this accident, and that criminal charges are unwarranted,” the company’s release said. “We will vigorously defend ourselves against these charges and are confident we will demonstrate that the charges have no merit and represent an inappropriate attempt to criminalize an unfortunate accident.”
Monsell, on the other hand, said the criminal charges are not only warranted but just a small step in the right direction.
“It’s good to see Plains being held accountable for its role in this devastating spill, but our coast needs broader action,” she said in an emailed statement. “All the indictments in the world can’t change the fact that crude pipelines and oil drilling are inherently dangerous and just don’t belong in our fragile coastal environment.”
All defendants will be arraigned in Department 6 of the Santa Barbara Superior Court on June 2, 2016.
This article appears in May 19-26, 2016.