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Evidence of an oil spill was obvious, but was it a crime?


    Workers prepare an oil containment boom at Refugio State Beach, north of Goleta, Calif., in May 2015, two days after a ruptured pipeline created the largest coastal oil spill in California in 25 years. A Texas company that owns an oil pipeline that spilled 140,000 gallons of crude along the Santa Barbara coast faces a criminal trial three years after the disaster.

LOS ANGELES >> An acrid stink of petroleum three years ago sent Santa Barbara County firefighters scrambling in a search for a possible spill. When they arrived at Refugio State Beach they witnessed oil staining the pristine sands and seeping into the surf. Uphill they discovered oil gushing like a fire hose “without a nozzle.”

It was the worst California coastal spill in 25 years, spreading a shimmering sheen out to sea that eventually deposited tar balls on beaches more than 100 miles away. But were they looking at a crime scene?

Jurors being selected Thursday in Santa Barbara County Superior Court will determine if the company that operated the pipeline that ruptured, spilling 142,000 gallons of crude May 19, 2015, broke any laws.

Plains All American Pipeline, based in Houston, is charged with three felonies for spilling oil on land and in state and federal waters, along with a dozen misdemeanors, including violations of fish and game laws for killing sea lions, pelicans, a loon and a dolphin.

Plains apologized for the spill and paid cleanup costs. But it has insisted the spill was an accident and not a crime.

In addition to pleading not guilty, the company put out a statement when charges were filed two years ago blaming the state attorney general and Santa Barbara district attorney for inappropriately attempting to “criminalize an unfortunate accident.”

A Plains spokeswoman this week said the company doesn’t discuss pending legal matters. Prosecutors also refused to comment on the trial that could take months.

Charges were dropped against a Plains employee for failing to report the spill quickly enough. Two-thirds of the original 46 counts, mostly misdemeanors charging animal deaths, have been dismissed.

Because the company, and not a person, is charged, Plains would only face fines if convicted. It wasn’t clear how steep those penalties could be.

The spill occurred when a severely corroded pipe ruptured several miles inland from the beach, federal inspectors found.

The Pipeline and Hazardous Materials Safety Administration cited a number of preventable errors by the company, finding it failed to prevent corrosion, didn’t initially detect the rupture and responded too slowly as oil flowed toward the ocean.

Plains operators working from a Texas control room more than 1,000 miles away had turned off an alarm that would have signaled a leak and, unaware a spill had occurred, restarted the hemorrhaging line after it had shut down, which only made matters worse, inspectors found.

The spill, two weeks shy of Memorial Day, closed beaches with popular campgrounds for two months and put a crimp in the local tourist economy and fishing industry.

It also crippled the local oil business because the pipeline was used to transport crude to refineries from seven offshore rigs, including three owned by Exxon Mobil, that have been idle since the spill.

Last year, Denver-based Venoco, declared bankruptcy, in part because it wasn’t able to operate its platform. The state is now responsible for plugging and decommissioning Veneco’s wells at an estimated cost of $58 million. That doesn’t include the eventual cost to remove the enormous structure.

Plains faces a federal class-action lawsuit by fishing boat operators, the petroleum industry and oil workers who lost jobs because of the spill; and owners of beachfront properties.

In its 2017 annual report, Plains estimated costs from the spill at $335 million. That doesn’t include lost revenues. It is seeking approval to repair or rebuild its corroded pipelines.

The company still faces possible fines from U.S. government for regulatory lapses and the spill remains under investigation by federal prosecutors.

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