San Francisco Sues Over Oil Spill

A San Francisco official has filed a negligence action against the parties connected with the freighter that spilled 58,000 gallons of oil into San Francisco Bay after hitting a bridge on Nov. 7.

City Attorney Dennis Herrera announced Monday that a suit was filed in San Francisco Superior Court, under the state's Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, and other state laws.

The spill developed after the M/V Cosco Busan–a 65,131-ton, 900-foot long container ship–struck the base of the San Francisco-Oakland Bay Bridge, ripping a gash in the ship's hull, pouring out heavy bunker fuel.

Mr. Hererra's announcement said the extent of the damage caused by the spill and the economic ramifications for the city and county of San Francisco are yet unknown, but damages “will potentially total millions of dollars.”

The suit seeks compensation on behalf of San Francisco for all costs associated with the response and investigation of the incident, and requests injunctive relief requiring the defendants to implement a plan to assess, monitor and remediate all damages.

It also asks civil penalties for defendants' between $25,000 and $500,000 for each day in which a violation occurred.

The defendants named in the city's lawsuit are: Regal Stone Ltd., Fleet Management Ltd., Hanjin Shipping Company Ltd, Synergy Management Services Ltd., Synergy Marine Ltd., and San Francisco Bar Pilot John J. Cota.

According to Mr. Herrera, the fuel spill has so far killed and injured at least 2,200 birds, as well as marine mammals, fish and other sea animals that sustain the Bay's ecosystem, and has caused significant damage to San Francisco's bay-front properties.

Also affected were crabbers and other fishermen.

The complaint says that San Francisco and other Bay Area cities and their residents have been unfairly burdened by the tax expense involved in the cleanup and monitoring of the jeopardized waters and the adjacent coastlines.

“This was a wholly avoidable incident that has caused more injury to the San Francisco Bay Area than we can yet begin to fathom,” said Mr. Herrera.

The suit alleges that John J. Cota, the pilot on board the Cosco Busan, was negligent by violating safe operating regulations prohibiting vessels from sailing in “dangerously foggy conditions.”

According to the complaint, the parties responsible for the spill were negligent by operating with insufficient information about the level of visibility at a speed that was excessive, and failing to use a tugboat, the Vessel Traffic Service of the Coast Guard and the ship's lookout.

Owners and operators of the ship failed to be fully acquainted with and able to operate its navigation system, it was charged.

The case is CCSF vs. Regal Stone, Ltd; Fleet Management Ltd; Hanjin Shipping Company Ltd; Synergy Management Services; Synergy Marine Ltd.; John J. Cota, an individual, and John Does one-through-100 to cover as yet unidentified potentially responsible parties.

Darrell Wilson, a spokesman for Regal Stone, said previously that responsibility for the spill cleanup was one that “Regal Stone has embraced since the start of this very regrettable accident. We will meet all of our responsibilities to the full extent of the law.”

According to attorneys, federal law sets a limit on the amount of liability vessels have for a spill–unless a case is made that negligence or misconduct is involved, as Mr. Herrera is contending.

Under the U.S. Oil Pollution Act of 1990, containership vessels are strictly liable for spills with a limit of $600 per ton, which in the case of a 65,000 ton ship like the Cosco Busan would mean $39 million.