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Daily Breeze article on Nuisance suit against Torrance refinery


Nuisance suit against Torrance refinery survives ExxonMobil move to have it thrown out

Damage is seen at the Exxon/Mobil refinery in Torrance on Feb. 18, 2015, after an explosion at the facility. File photo. (Brad Graverson/The Daily Breeze/SCNG)
Damage is seen at the Exxon/Mobil refinery in Torrance on Feb. 18, 2015, after an explosion at the facility. File photo. (Brad Graverson/The Daily Breeze/SCNG) 
The federal nuisance lawsuit against former Torrance refinery owner ExxonMobil has survived a legal challenge to dismiss it, a minor milestone that means the legal challenge continues while regulators decide how to divvy up millions in penalties assessed against the company for its operation of the troubled refinery.
In addition, one of a package of bills authored by South Bay Assemblyman Al Muratsuchi, D-Torrance, intended to make the oil industry safer — the bill would require all California refineries to monitor air quality around the plants — has passed the Assembly and now heads to the Senate for action.
No such monitoring requirement is in place today.
The federal class-action lawsuit, filed in February, seeks to hold the oil giant accountable for allegedly putting profits before public safety.
Fires, leaks of hazardous chemicals and other mishaps have become commonplace at the refinery over the years, and culminated in the February 2015 explosion that almost caused a catastrophic release of highly toxic hydrofluoric acid, the lawsuit contends.
The lawsuit alleges those problems were caused by years of corporate indifference and neglect.
U.S. District Judge Dale S. Fischer said ExxonMobil’s claims that the damage claimed by plaintiff’s is too “abstract” was “unpersuasive.”
“Defendants are alleged to operate a refinery in an urbanized area and failed to take due care in that operation, directly causing releases that harmed plaintiffs,” Fischer held in a three-page ruling issued Tuesday. “This is a fairly straightforward negligence claim, and, whatever other flaws the claim might potentially have, the idea that it is somehow too “abstract” to state a claim is specious.”
Manhattan Beach attorney Joshua D. Boxer, who filed the suit, welcomed the decision.
“We are very pleased with Judge Fischer’s ruling and we look forward to commencing discovery,” he said.
Meanwhile, those continuing “nuisances” resulted in the collection of almost $2.8 million in fines from ExxonMobil. The South Coast Air Quality Management District intends to spend the proceeds of those fines on local projects that address air quality or other issues.
The AQMD staff has scored proposals for such projects, and preliminary recommendations will be discussed at 6 p.m. next Thursday at a special administrative committee meeting scheduled for the grand ballroom of the Torrance Marriott, 3635 Fashion Way.
The public is welcome to attend and provide comment.
An agenda may be available on the agency’s website at aqmd.gov as soon as Tuesday.
The full AQMD governing board could make a decision on the commission staff’s recommendations as soon as its July 7 meeting, spokesman Sam Atwood said

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