A proposed class of plaintiffs is seeking recompenses from Plains All American Pipeline, whose pipeline rupture last year caused the May 19, 2015, Refugio oil spill and allegedly injured thousands of nearby workers, residents, and property owners.
The plaintiffs would include fishermen and fish processors, oil industry workers, small business owners, and landowners whose livelihoods were impacted by the spill. A. Barry Cappello, who is leading the trial team, said the class size isn’t yet known, but will likely comprise thousands of people.
The class certification memorandum filed on Aug. 22 said that when the pipeline ruptured, “the resultant discharge of thousands of gallons of crude oil and other toxic chemicals caused significant environmental and property damage and, as a direct consequence, economic harm to members of the proposed class.”
Cappello estimated that the class will include 500 oil workers, several thousand property owners, hundreds of fishermen, and more than 100 businesses.
The involved oil workers lost their jobs when the pipeline shut down after the spill, Cappello told the Sun. Fishermen were unable to work in the spill area immediately following the incident, and they will suffer additional losses from long-term damage to the crustaceans’ breeding grounds. Businesses lost foot traffic when word of the spill spread, and landowners’ beachfront properties were damaged as far south as Manhattan Beach.
“They’re really hurt bad,” Cappello said.
He said the proposed class members are seeking three things through the lawsuit: The first is an injunction to enforce Plains’ installation of automatic shut-off valves on their pipelines. Had the ruptured lines that caused the Refugio spill been equipped with such valves, the spill would have been much more manageable, Cappello said.
The plaintiffs also seek to be recompensed for damages and for punitive damages to punish Plains.
“It’s not just simply an accident,” Cappello said, citing the criminal indictment filed against Plains in May. “There’s going to be a criminal trial.”
This article appears in Sep 1-8, 2016.