Huntington Beach

First Federal Lawsuit Filed in Huntington Beach Oil Spill

According to the Coast Guard, 14 boats conducted oil recovery operations Sunday afternoon, while three Coast Guard boats enforced a safety zone of 1,000 yards around oil spill boats. Four aircraft were employed to assess damage and progress.

NBC Universal, Inc.

The first class-action lawsuit has been filed in federal court to recover damages from residents and businesses impacted by the oil spill in Orange County. Hetty Chang reports for the NBC4 News t 11 p.m. on October 4, 2021.

What to Know

  • The U.S. Coast Guard is investigating more than 126,000 gallons of oil that spilled five miles off the coast of Huntington Beach.
  • Gov. Gavin Newsom declared a state of emergency in OC on Monday
  • It apparently occurred from an offshore oil production facility owned by Houston-based Amplify Energy.

As the U.S. Coast Guard investigates more than 126,000 gallons of oil spilled five miles off the coast of Huntington Beach, the first federal lawsuit linked to the disaster was filed late Monday to recover damages for individuals and businesses damaged by the massive leak.

The spill, discovered Saturday, apparently occurred from an offshore oil production facility owned by Houston-based Amplify Energy. The proposed class-action suit, filed in Los Angeles federal court against the corporation and its Beta Offshore division, includes claims for monetary damages, injunctive relief, response costs, and medical monitoring.

The lawsuit was brought on behalf of Peter Moses Gutierrez Jr., who owns a disc jockey company that regularly performs along Huntington Beach. He alleges in the complaint that he is losing and will continue to lose a substantial amount of his DJ business due to the closure of the beach and other consequences of the spill.

Gutierrez also alleges he has been, or will be, exposed to toxic oil contaminants.

"After years fighting for business owners and residents devastated by the BP oil spill in the Gulf Coast and other oil spill victims around the country, we understand the terrible impact these events have on the environment, wildlife, and people," said the plaintiff's attorney Alex R. Straus.

"Today it is reported that 120,000 gallons of crude oil spilled from an offshore rig. But those numbers may increase as the investigation and cleanup efforts continue. The impacts on businesses, homeowners and their families are likely to be felt for years."

An oil slick plume measuring six nautical miles -- and spreading -has caused significant harm. Shortly after the spill was discovered, beaches were closed, dead birds and fish were found washed up on shore, nearby wetlands were inundated with oil, and beachgoers reported feeling sick. Southern California officials fear "irreversible" damage. Oil spill contamination can persist for a decade or more.

Huntington Beach, CA – October 04: Veterinarian Duane Tom examines a sanderling, a small shore bird brought to the Huntington Beach Wetlands and Wildlife Care Center on Monday, October 4, 2021 due to the oil spill. (Photo by Mindy Schauer/MediaNews Group/Orange County Register via Getty Images)
NBCLA
A bird was being cleaned after getting caught in a major oil spill in Orange County Oct. 4, 2021.
Enrique Roman/NBCLA
“The spill has significantly affected Huntington Beach, with substantial ecological impacts occurring at the beach and at the Huntington Beach Wetlands,” a statement from the City of Huntington Beach said. It also affected the Talbert Marshlands and the Santa Ana River Trail.
HUNTINGTON BEACH, CALIFORNIA – OCTOBER 04: In an aerial view, a crew works to block oil in the ocean (TOP) from entering an inlet (BOTTOM) leading to the Talbert Marsh wetlands after a 126,000-gallon oil spill from an offshore oil platform on October 4, 2021 in Huntington Beach, California. The spill forced the closure of the popular Great Pacific Airshow yesterday with authorities closing beaches in the vicinity. (Photo by Mario Tama/Getty Images)
Enrique Roman/NBCLA
A massive oil spill off the coast of Huntington Beach dumped at least 126,000 gallons of oil into the Pacific Ocean between Oct. 2 and Oct. 3, 2021. Officials urged residents to avoid beaches due to health risks posed by the oil.
Enrique Roman/NBCLA
The ecologic disaster began Saturday, Oct. 2, 2021, and by Sunday morning had spread to cover 5.8 nautical miles between the Huntington Beach Pier and Newport Beach. The pipeline was no longer leaking oil by Sunday afternoon, but significant damage was done before the leak was stopped. Here, seagulls eat fish that washed up onshore after the spill off the coast of Huntington Beach.
Enrique Roman/NBCLA
Skimming equipment and booms were deployed to prevent the inflow of oil into the Bolsa Chica Ecological Reserve and Huntington Beach Wetlands. The California Department of Fish & Wildlife set up the Oiled Wildlife Care Network hotline, at 877-823-6926, for people to call if they see wildlife impacted from the oil.
Mario Tama/Getty Images
A bird balances on a boom, a temporary floating barrier to contain oil which seeped into Talbert Marsh, home to around 90 bird species.
Mario Tama/Getty Images
U.S. Rep. Michelle Steele of California's 48th district sent a letter to President Joe Biden on Sunday, requesting a Major Disaster Declaration for Orange County.

“It is imperative that the Federal Government assist in recovery efforts," she wrote in that letter. "Constituents who live along the shoreline are already reporting oil on the beach and strong odors. Officials are already responding to protect sea life. Dead fish and birds are already being reported on beaches and shorelines."

Here, a ‘Keep Out’ sign is posted near oil washed up on Huntington State Beach after the spill.
Elliot Mendoza/NBCLA
The oil spill occurred in federal waters at the Elly platform, which was built in 1980 and processes crude oil from two other platforms that comes from a large reservoir called Beta Field. Houston-based Amplify Energy Corp. is the parent company of Beta Offshore, but Beta Offshore is based in Long Beach, California. Here, oil is seen in the Huntington Beach Channel.
NBCLA
Amplify President and CEO Martyn Willsher joined Coast Guard, state wildlife and county officials at a news conference at 1 p.m. on Sunday in Long Beach, where he said company divers were on location investigating the source and potential cause of the leak and promised the company would do "everything in our power" to clean up the spill.
Oil is seen here off the coast of Huntington Beach, the morning of Sunday, Oct. 3, 2021.
Elliot Mendoza/NBCLA
Officials said Sunday afternoon that beaches could be shut down for several weeks, possibly months, while cleanup efforts continued.
Elliot Mendoza/NBCLA
The spill drew a response from all levels of government, and a unified command led by the United States Coast Guard was established to handle the environmental crisis. In this photo, cleanup workers at the Huntington Beach Channel work to clean up the spill.
Mario Tama/Getty Images
Oil is seen here washed up on Huntington State Beach. The spill forced the closure of the popular Great Pacific Airshow before its final day, with authorities urging people to avoid beaches in the vicinity.
NBCLA
A bird was being cleaned after getting caught in a major oil spill in Orange County Oct. 4, 2021.

"This is the latest tragedy of the oil industry, but it certainly won't be the last," said attorney Greg Coleman, who also helped file the suit.

"Our attorneys are already working with the Huntington Beach community and surrounding communities to protect their legal rights. These innocent victims deserve justice. With this lawsuit we hope to help them clean up their beaches and force the fossil fuel industry to clean up its act."

Huntington Beach Mayor Kim Carr said the city's famous beaches could remain closed for weeks or even months, leaving residents and business owners facing an ecological and economic disaster. The spill prompted cancellation of the final day of the Pacific Airshow on Sunday, which drew hundreds of thousands of people to the shore on Saturday.

According to the Coast Guard, 14 boats conducted oil recovery operations Sunday afternoon, while three Coast Guard boats enforced a safety zone of 1,000 yards around oil spill boats. Four aircraft were employed to assess damage and progress.

About 3,150 gallons of oil has been recovered from the water and 5,360 feet of boom has been deployed in an attempt to control the spread of the oil.

Justice Department officials and federal investigators are "investigating to determine if any criminal liability exists as it relates to the oil spill," said Thom Mrozek, a spokesman for the U.S. Attorney's Office.

Copyright City News Service
Exit mobile version