Richmond lawsuit over 2012 Chevron fire nears trial as judge narrows case
on March 2, 2018
Almost five years after the city of Richmond filed a lawsuit against Chevron for damages in response to the massive 2012 fire at the oil company’s local refinery, the suit is finally poised to move forward to the trial phase.
On February 21, Richmond Mayor Tom Butt announced through his “E-Forum” newsletter that a jury trial could start as early as the following week. The suit’s case file shows that a date for the trial had been set for February 26 at the Contra Costa Superior Courthouse in Martinez, but a subsequent order by Judge Barry Goode has given both sides until March 15 to answer questions about motions they’ve filed to prevent certain evidence from being presented.
Among these motions, Richmond’s lawyers have asked the court to exclude the testimony of Butt and former mayor Gayle McLaughlin, who were both part of the city council when the decision to sue was made. Chevron’s attorneys are attempting to prevent certain evidence from the city’s expert witnesses from being presented.
The updated case timeline follows Goode’s decision on February 22 to grant two of Chevron’s motions to eliminate claims against it by the city. He ruled that Richmond does not have the legal standing to sue for lost property tax revenue as a result of the reduction in value of the refinery following the fire. He also dismissed a claim that Chevron was liable for damages suffered by the city because it operates an “ultrahazardous activity,” stating that the refinery doesn’t meet this standard under California law.
In his E-Forum message, Butt claimed that Goode’s ruling essentially took responsibility away from the company. “In short, Chevron has no duty to protect the city from loss of property tax revenue from Chevron’s own property due to a fire at the refinery,” he wrote.
A third Chevron motion to eliminate multiple claims of public and private nuisance was denied by the judge. The claims argue that the company’s failure to exercise care in its operations interfered with the city’s and the public’s ability to freely use and enjoy land near the refinery. According to court documents, the company’s motion was denied because during oral arguments, Chevron’s lawyers tried to argue with information that wasn’t submitted in writing.
When asked to comment on the judge’s decisions, Chevron spokeswoman Leah Casey wrote in an email statement that the company is “pleased that the court’s ruling on some legal matters narrows the case.”
In response, City Councilmember Melvin Willis criticized Chevron for how it has handled its operation. “I think it is beneficial to [Chevron] if the case is more narrow because they don’t have to feel accountable,” he said. “But, the fact remains, whether the case is more narrow or not, there were a lot of people in this city who faced a huge impact because they were negligent and they were not being responsible in making sure that refinery was operating safely.”
This ongoing legal battle is in response to the August, 2012, blaze that ignited in a crude oil distillation unit, filling the Richmond skyline with a thick plume of black smoke. Six employees were injured in the fire and over 15,000 residents sought medical treatment for respiratory issues related to the incident.
In the aftermath of the fire, Chevron was ordered to pay $2 million in fines and pleaded no contest to six charges filed against it by the California Attorney General’s Office and the Contra Costa District Attorney’s Office.
Last July, Chevron and the state Department of Occupational Safety and Health reached a settlement requiring the company spend around $20 million in equipment and safety upgrades.
Chevron has also faced over 20,000 legal claims from local residents, resulting in multiple payouts totaling over $10 million.
According to Butt, the Richmond City Council is scheduled to receive an update on the status of the lawsuit from Richmond City Attorney Bruce Goodmiller and outside legal counsel firm Cotchett, Pitre & McCarthy in the next few weeks.
In a phone interview this week, Butt said the city had made a settlement offer to Chevron several weeks ago, but to the best of his knowledge, hadn’t received a response.
Willis said he hopes for a resolution as quickly as possible, so any money received can be invested into the community. He also made it clear that the effects of this lawsuit will go beyond just revenue.
“It’s absolutely, 100 percent, important, because the city of Richmond was the victim of a bad next door neighbor that chose their profits and operations over the safety of the people,” he said.
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I’m tired of hearing that “over 15,000 residents sought medical treatment for respiratory issues”; it was repeated over and over on radio news at the time, by clueless reporters with no local knowledge. They failed to report the fact that most of those people had to visit a hospital simply because they had no other way of getting *any* medical advice! My HMO instructs me to call their advice line if I have a concern, and they will evaluate whether I need medical aid, but many residents of North Richmond — an unincorporated County area which is not part of the City of Richmond — can’t afford a regular doctor or health insurance, and usually call EMTs or go to a hospital ER for any level of “perceived need”, whether they are actually suffering or simply worried.
The quotation is thus very misleading. If we had statistics on how many people were *admitted* to the hospital (not to mention how many of them might have been fine if they had stayed at home with windows closed) we would have a better idea of the actual damage caused by the cloud.
where DO YOU LIVE?
Not misleading, very revealing, of the victim culture that persists in welfare society. I believe the mayor sued Richmond school district back in the 90’s, over his home value. Now chevron is stealing from him.
I say that rent control robbed those who invested in Richmond. That rent control devalues property far more than a fire or bankrupt school system. Gayl Laughlin and her crew of latino progressive marxists will “make richmond ghetto again!” The mayor is just along for her ride. I really think this refugee city should expect a few fires. Now we have to pay the 15,000 refugee’s $$ for the crappy enviorment we provide them?
Eliminate the refugee status, deport all the illegals. new vote on rent control,.. and then the mayor can talk about destroying an american company called chevron.
FYI Billy Joe Bob, the mayor was never in favor of the rent control measure. He continually voted no on that measure. I agree that rent control in Richmond will destroy the city. But it’s not refugees who were injured. I personally know many people who were affected and they were not welfare folks or “refugees”. Even those who stayed in and sheltered-in-place are affected. It was a terrible event.
i was stuck on about 2nd and chancellor having been dropped off to do work with a pile of tools and it went pitch black for hours and my lungs burned a little, i just couldn’t do much work. i had no phone but the guy who dropped me off was far away and didn’t come back for almost 8 hours. he was very nervous and rushed me home. when i went upstairs into my bathroom i looked in the mirror and my face and neck were completely black. within 36 hours i could barely breathe and am still suffering daily and have less than %50 of what i used to have. i have been to many specialists and spent weeks in the hospital as well as spent over $250,000 and still require medications daily…… 4 or 5 law firms have signed me up after filing an initial claim against chevron. i kept sending documents of my expenditures and never even get a callback from any of them. the most recent was pinkerton out of Houston . i have proof of everything, documentation and a permanently damaged body . why don’t i even get a phone call. should i contact the bar? i only ever wanted to get back to normal but it is now evident that will never happen