Another lawsuit’s in the pile stacking up against Plains All American Pipeline in the wake of the Refugio State Beach oil spill. The class-action complaint—“on behalf of fishers, fish buyers, and other affected businesses”—is the fifth facing the Texas-based company.
Two complainants, Keith and Tiffani Andrews, fish for giant red sea cucumber in the waters off Refugio. The lawsuit alleges that they fish almost entirely in areas affected by the spill. That area, they say, is the best habitat for sea cucumbers.
“Other than a small strip of sea just east of the formerly closed area, there are virtually no other places where the Andrews can fish for Santa Barbara sea cucumbers,” the complaint reads.
Weihai Zhueng, another plaintiff, is a sea cucumber broker. He’s having trouble finding sea cucumbers to buy, the lawsuit alleges, and is coming across concern from the companies that normally buy his sea cucumbers with regard to their quality and safety.
Red sea cucumber, beloved in China, is a lucrative delicacy which can run between $25 and $50 a pound. Sea cucumbers from Santa Barbara County, the complaint says, are among the three most expensive varieties. The season opened on June 16, less than a month after the spill, to closed fisheries and skeptical potential buyers.
Joseph Viens, another complainant, is the operator of several ATMs along the Gaviota Coast. His income comes from service fees charged when people withdraw cash from his machines. Although El Capitan beach is now reopened, Refugio remains closed and Viens claims that his business has suffered.
Services at beaches on the Refugio coast, the complaint alleges, don’t accept credit cards, just cash, which is normally withdrawn from Viens’ ATMs. The closure of spill-affected beaches came at the height of summer tourist season.
“As no one was allowed to enter or visit the beaches during the closures, Mr. Viens can make no money at all from his ATMs. Even he was prohibited from visiting the ATMs to ensure they were safe,” the complaint reads.
Meredith Matthews with Plains All American told the Sun, “It is not our practice to comment on pending litigation.”
Attorney Matthew Preusch also declined to comment for this story.
This article appears in Jul 9-16, 2015.
