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Article History SAN FRANCISCO (Map, News) - The city filed a lawsuit Monday claiming negligence by the owners and operators of the ship that caused last month's oil spill in San Francisco Bay.
The suit brought in San Francisco Superior Court by City Attorney Dennis Herrera alleges the cargo ship's owners and ship pilot John Cota violated California law by sailing the boat under dangerous conditions. It also maintains they failed to respond quickly enough to prevent a spill when the ship struck a bridge tower.
"This was a wholly avoidable incident that has caused more injury to the San Francisco Bay area than we can yet begin to fathom," Herrera said in a statement.
The city is seeking compensation for the cost of dealing with the spill, damages for the economic impact on local beaches, wildlife, fishing and tourism and penalties for the defendants' alleged violation of environmental protection laws.
Darrell Wilson, a spokesman for Regal Stone, which owns the Cosco Busan, said the company would not comment on the case because of ongoing state and federal investigations into the 58,000-gallon spill.
Meanwhile, attorneys for a group of crabbers announced a settlement with Regal Stone's insurance company to compensate the fishermen for economic losses. The state banned fishing in the bay and coastal waters outside the Golden Gate for two weeks after the spill, and dozens of crabbers also refrained from fishing in outer waters amid concerns of contamination.
Under a first phase of the insurance payout, about 65 crabbers will split $700,000, the plaintiffs' attorneys said Monday.
Also Monday, the U.S. Coast Guard said Cota had not yet relinquished his federal Merchant Marine Officer's license, as the agency had requested. His state harbor pilot's license was suspended two weeks ago.
The Coast Guard asked Cota on Friday to voluntarily surrender the federal license, which is a prerequisite for receiving any state-issued license that would allow him to work as an officer on a commercial ship, said spokesman Dan Dewell. The action was taken because of questions about Cota's "physical competence," Dewell said, declining to elaborate.
Cota was given until Tuesday to hand over his federal mariner's license. If he does not comply, the Coast Guard could ask a judge to suspend or revoke it, he said.
Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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Comments from Examiner Readers
6:17 AM MST on Sat., Dec. 29, 2007 re: "Cosco Busan owners pay $80M to leave"
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6:12 AM MST on Sat., Dec. 29, 2007
re: "Tests show Bay water is clean"
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11:56 PM MST on Thu., Dec. 20, 2007
re: "Cosco Busan owners pay $80M to leave"
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1:23 PM MST on Thu., Dec. 20, 2007
re: "Group turns oil into food for ’shrooms"
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10:30 AM MST on Tue., Dec. 11, 2007
re: "Bay spill lawsuits pour in"
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1:50 PM MST on Tue., Dec. 4, 2007
re: "Supervisor slams response to oil spill"
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12:40 PM MST on Tue., Dec. 4, 2007
re: "Supervisor slams response to oil spill"
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12:00 PM MST on Tue., Dec. 4, 2007
re: "Supervisor slams response to oil spill"
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9:34 PM MST on Thu., Nov. 29, 2007
re: "Waters now safe, fishing to resume"
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9:32 AM MST on Thu., Nov. 29, 2007
re: "Bay Bridge bumper bits lost"
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11:34 AM MST on Mon., Nov. 26, 2007
re: "Birds death toll continues climb following oil spill"
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Examiner Reader said:
Examiner Reader said: The ship's destination was QINQDAO (Tsingtao), China, not Korea as reported above. 7 agree | 6 disagree Vote on this comment: I agree or I disagree How does one disagree with a statement of provable fact?
148 agree | 139 disagree
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Examiner Reader said:
"Additionally, state officials said that tests conducted by a California Department of Fish and Game biologist last week that found what seemed to be oil found in local herring fisheries were “inclusive,” according to Lt. Rob Roberts of the Department of Fish and Game’s Office of Spill Prevention and Response." Perhaps "inconclusive" was intended
122 agree | 101 disagree
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Examiner Reader said:
The ship's destination was QINQDAO (Tsingtao), China, not Korea as reported above.
158 agree | 163 disagree
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Examiner Reader said:
The Coast Guard did not turn away the Fire Department boat that came to investigate. That is false. The Coast Guard did, inform them of the 100 yard safey zoen around the Cosco Busan after the incident occurred. The statement implies that the Coast Guard is covering up this incident, which is ridiculous.
193 agree | 147 disagree
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Examiner Reader said:
Hey, SFoff, I live in SF and yes my county did fail miserably in their response. I just wonder if Dennis Herrera is really going to believe that he will get 25K for each day of the spill from Captain Cota.
137 agree | 141 disagree
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SFoff said:
Dear Examiner reader (first grade level, apparently)12:40pm. There was no mention of S.F. being the only county affected by the spill. The article was from a San Francisco Newspaper, regarding San Francisco's response to the oil spill. Not very obscure. It's all clear in context. Nobody was wondering why SF. "was not kept in the loop". He is questioning why S.F. did not enter the loop of it's own accord, considering how much "training and partnership" had been established. Are we supposed to be happy with our particular cities response because your county also failed miserably to do anything in time to prevent this problem? And BTW, S.F. is not the center of the Universe, just the Solar System, but thanks for the exaggeration!
157 agree | 167 disagree
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Examiner Reader said:
... and San Francisco was the only city, the only county affected by this spill. It seems that SF is to self-centered in this incident, wondering why it was not kept in teh loop. It seems that many other cities and counties were affected by this incident. way to go SF. Show you true colors. If ross Mirkirami wants to be mayor in 2012 then he should just come out and proclaim that San Francisco is in fact, the center of the universe. Then he will get my vote
160 agree | 146 disagree
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Examiner Reader said:
Seems strange that we would be knocking ourselves up for something we had little control over and had misleading info about. One would think you can rely on the Coast Guard to provide accurate info, since this IS their jurisdiction, but to get the info wrong hours later and even when others are pointing out that it's a LARGE spill (and to ignore this emergency) seems unconscionable. This, to me, should be about the ship crashing into the bridge tower and the bungled response of the Coast Guard, their effect on the greater Bay Area and effective preventive measures.
159 agree | 143 disagree
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Examiner Reader said:
Its my understanding two-thirds of the 58,000 gallons of oil is unaccounted for and will remain so. The water quality of San Francisco Bay was questionable before this event. Some sort of blanket statement regarding the "safeness" of the bay water seems a bit dubious to me.
318 agree | 168 disagree
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Examiner Reader said:
Having said that black made it harder to find the missing pieces of plastic lumber, they're going to use black again for the replacement?!! Foolish.
391 agree | 137 disagree
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Examiner Reader said:
Very self indulgent of you to equate an oil spill dead birds and your situation. Get over it already.
245 agree | 185 disagree
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