Bay spill lawsuits pour in
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City Attorney Dennis Herrera has filed a lawsuit against Capt. John Cota and Regal Stone Ltd.
(Getty Images file photo)
City Attorney Dennis Herrera has filed a lawsuit against Capt. John Cota and Regal Stone Ltd.

SAN FRANCISCO (Map, News) - Legal complaints against the owners of the Cosco Busan and its local pilot are piling up as workers continue to wash away oil from Bay Area shores.

San Francisco City Attorney Dennis Herrera filed a lawsuit Monday in San Francisco Superior Court against Captain John Cota and ship owner Regal Stone Ltd., along with others involved with the operation of the ship, seeking compensation for the cost of The City’s response and investigation of the incident.

“We’ve been coordinating with various city departments documenting The City’s efforts and our costs,” Herrera said, calling the lawsuit a “culmination” of those efforts.

On Nov. 7, the 900-foot cargo container ship Cosco Busan sideswiped a Bay Bridge tower, spilling 58,000 gallons of oil into the Bay. One month later, crews are still working to clean oil from the sensitive shoreline.

The damages could potentially add up to millions of dollars, according to the City Attorney’s Office. The lawsuit also alleged that Regal Stone and ship operators violated state law when they failed to respond appropriately to the spill.

The defendants could see civil penalties between $25,000 and $500,000 for each day a violation of the state’s Lempert-Keene-Seastrand Oil Spill Prevention and Response Act occurred. The City continues to evaluate each day whether there are violations, Herrera said.

Regal Stone spokesman Jim Lawrence would not comment on any of the specifics in the lawsuits “out of respect for the process,” he said.

Cota’s attorney, John Meadows, did not return calls for comment on the lawsuit.

The lawsuit is at least the fourth action against Regal Stone and the third that names Cota as a defendant.

In the lawsuit, The City alleged negligence, saying ship operators did not follow normal procedures when they left the Alameda berth.

Among the complaints are that the ship sailed in foggy conditions that reduced visibility to less than one-tenth of a mile and that the crew and pilot did not know how to operate the Cosco Busan’s navigational system.

The lawsuit alleges that operators failed to use resources such as the tugboat and the U.S. Coast Guard Vessel Traffic Service to avoid the collision, adding that operators did not pay attention to warnings from the Coast Guard that the ship was headed for the tower. The ship also allegedly sailed at a speed “excessive for the circumstances,” according to the documents.

In a written accusation last week, the state Board of Pilot Commissioners alleged that Cota gave a full-ahead order after visibility dropped to approximately one-tenth of a nautical mile and the ship’s radar pictures “deteriorated to the point” that Cota “lost confidence in them.

Sea of litigation

At least four lawsuits have been filed in response to the Nov. 7 oil spill

» Nov. 15: Out-of-state crab fishermen file federal lawsuit for losses

» Nov. 20: Local crab fishermen sue for economic losses from spill

» Nov. 30: The federal government files lawsuit for damages

» Monday: The City files lawsuit for economic damage and costs

dsmith@examiner.com


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6:17 AM MST on Sat., Dec. 29, 2007 re: "Cosco Busan owners pay $80M to leave"

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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6:12 AM MST on Sat., Dec. 29, 2007 re: "Tests show Bay water is clean"

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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11:56 PM MST on Thu., Dec. 20, 2007 re: "Cosco Busan owners pay $80M to leave"

Examiner Reader said:
The ship's destination was QINQDAO (Tsingtao), China, not Korea as reported above.

158 agree | 163 disagree
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1:23 PM MST on Thu., Dec. 20, 2007 re: "Group turns oil into food for ’shrooms"

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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10:30 AM MST on Tue., Dec. 11, 2007 re: "Bay spill lawsuits pour in"

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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1:50 PM MST on Tue., Dec. 4, 2007 re: "Supervisor slams response to oil spill"

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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12:40 PM MST on Tue., Dec. 4, 2007 re: "Supervisor slams response to oil spill"

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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12:00 PM MST on Tue., Dec. 4, 2007 re: "Supervisor slams response to oil spill"

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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9:34 PM MST on Thu., Nov. 29, 2007 re: "Waters now safe, fishing to resume"

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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9:32 AM MST on Thu., Nov. 29, 2007 re: "Bay Bridge bumper bits lost"

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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11:34 AM MST on Mon., Nov. 26, 2007 re: "Birds death toll continues climb following oil spill"

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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