A class action lawsuit was filed October 6, 2021 against Houston, Texas-based Amplify Energy arising out of the October 2, 2021 oil pipeline spill that reportedly discharged at least 126,000 gallons of toxic crude oil into the ocean along the Orange County, California coastline. The lawsuit was filed on behalf of beachfront property owners affected by the spill. (Stephen E. Samuelian et. al v. Amplify Energy Corp et. al, United States District Court, Central District of California Southern Division, Case No. 8:21-cv-1658, October 6, 2021).
The lawsuit alleges that Amplify Energy and its subsidiary, Beta Operating Company, failed to maintain their San Pedro Bay Pipeline and then did not promptly act in response to warning signs of its failure or notify relevant government agencies. It took over three hours to shut down the oil flow after a low-pressure alarm sounded and an additional three hours to notify the National Response Center, indicating that there was a release of crude oil in the vicinity of the pipeline near Platform Elly.
The named plaintiffs’ properties have immediate beachfront access to the ocean, including areas to swim, surf, fish, and kayak directly accessible from the property. The lawsuit is filed on behalf of a class of beachfront properties where oil from the spill will impair their use of the beaches.
“There is speculation as to what caused the spill. What’s not in doubt is that immediate action was not taken by Amplify that would have mitigated the spill’s effects,” says A. Barry Cappello, managing partner of Cappello & Noël LLP. “This spill is just another reminder that drilling for oil off of California’s pristine coast, with equipment and pipelines that are decades old and potentially not well maintained, is a recipe for disaster,” adds partner Leila J. Noel. “These spills occur far too often, and it is the local communities and habitats that pay for it.”
The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act (California Government Code § 8670, et seq.) and other acts were cited as bases for causes of action in the lawsuit. Under the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, oil companies are liable for damages whenever oil is discharged from their pipelines onto marine waters.
”All oil spills are unacceptable and dangerous to our communities, but oil spills into our waters that directly impact the ability of people to use and enjoy our State’s beautiful beaches are a stain on our way of life. Those responsible for pollution like this need to be held accountable,” says Lawrence J. Conlan, a partner at the law firm.
Cappello & Noël is one of the law firms representing plaintiffs in a class action lawsuit against Plains All-American Pipeline over a 2015 oil spill in Santa Barbara County. As the Santa Barbara City Attorney in 1969, Cappello was the chief litigator against Union Oil, Mobil, Gulf and Texaco for a massive Santa Barbara Channel oil spill. The disaster and the ensuing litigation were the catalyst for legislation that now protects land and water environments.
Have You Been Affected By The Orange County Amplify Energy Oil Spill?
If you are a witness to the oil spill or its effects on private property or public beaches, or if you believe the Orange County oil spill negatively affected you, your property, your business or ability to work, please use the link below. Cappello & Noël will review your information immediately at no cost or obligation.
