Fisherman sues pipeline owner over Santa Barbara oil spill

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Santa Barbara Oil Spill Pipeline Company Has Murky History

LOS ANGELES (AP) -- A commercial fisherman sued the owner of the oil pipeline that spilled thousands of gallons of crude on the Santa Barbara coast, alleging the environmental disaster would cause decades of harm to the shore and hurt many businesses.

Stace Cheverez said in the suit filed Monday in Los Angeles federal court that Plains All American Pipeline has a poor safety record and didn't have proper equipment to prevent a spill, such as valves that automatically would have shut down the pipeline if there was a leak.

The suit alleging negligence and liability under state and federal laws does not specify damages but said they will exceed $5 million.

A Plains spokeswoman said the company does not comment on legal matters, but it is addressing claims filed against it. Company officials have apologized for the spill and defended its safety record.

Cheverez is seeking class-action status for fishermen and other businesses losing income because of the May 19 spill that dumped at least 101,000 gallons of oil, fouled beaches and killed at least 140 marine mammals and birds.

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Oil spill off coast of California
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Fisherman sues pipeline owner over Santa Barbara oil spill
In this May 28, 2015 photo from the County of Santa Barbara, a section of pipeline is removed at the point where it ruptured, spilling thousands of gallons of crude oil into the Pacific Ocean on May 19, polluting beaches and killing hundreds of birds and marine mammals north of Goleta, Calif. An engineer says photos of the pipeline that spilled oil on the Santa Barbara coast show extensive corrosion and provide clues about the rupture's cause. (Bruce Reitherman/County of Santa Barbara via AP)
In this May 28, 2015, photo from the County of Santa Barbara, a quantity of contaminated material remains in the bottom of a trench beneath where a pipeline ruptured, spilling thousands of gallons of crude oil into the Pacific Ocean on May 19, north of Goleta, Calif. Civil engineer Robert Bea says the amount of corrosion visible and the documented wear inside the pipe lead him to believe the pipe burst during a pressure spike when the operator restarted pumps that had failed earlier in the day.(Bruce Reitherman/County of Santa Barbara via AP)
FILE - In this May 21, 2015 file photo, a bird covered in oil flaps its wings at Refugio State Beach, north of Goleta, Calif. As thousands of gallons of crude oil from a ruptured pipeline spread along the California coast, its operator was unable to contact workers near the break to get information required to alert federal emergency officials, records released Wednesday, June 24, 2015 said. (AP Photo/Jae C. Hong, File)
This photo provided by the U.S. Environmental Protection Agency shows oil-contaminated vegetation and trees on the south side of U.S. Highway 101 on Friday, June 12, 2015, after being contaminated by the Plains All-American 901 pipeline rupture near near Goleta, Calif. Restoration of the site, once all contaminated soil has been removed, will include replacing vegetation and trees.(Lisa McClain-Vanderpool/EPA via AP).
A worker cleans a small for oil contamination one rock at a time in areas affected by an oil spill at Refugio State Beach, north of Goleta, Calif., Wednesday, June 10, 2015. The cost of cleaning up the oil spill that fouled beaches last month on the California coast has reached $69 million so far, an official of the pipeline company said Wednesday. (AP Photo/Damian Dovarganes)
Shoreline Cleanup Assessment Technique team members, left, evaluate oil coverage as a hand crew worker scraps areas affected by an oil spill at Refugio State Beach, north of Goleta, Calif., on Wednesday, June 10, 2015. The May 19 spill occurred after an onshore pipeline operated by Texas-based Plains All American ruptured. (AP Photo/Damian Dovarganes)
Workers prepare an oil containment boom at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 7,700 gallons of oil has been raked, skimmed and vacuumed from a spill that stretched across about 9 miles of California coast, just a fraction of the sticky, stinking goo that escaped from a broken pipeline, officials said. (AP Photo/Jae C. Hong)
Rocks are covered with oil on the beach at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 6,000 gallons of oil had been raked, skimmed and vacuumed from a spill that stretched across 9 miles of California coast in a cleanup effort that is now going 24 hours a day, officials said, but that's just a fraction of the sticky, stinking goo that escaped from a broken pipeline. (AP Photo/Jae C. Hong)
John Ziegler, of Pismo Beach, Calif, part of a group of citizen volunteers, hauls a bucket of collected oil up from the beach, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off. (AP Photo/Michael A. Mariant)
A bird covered in oil flaps its wings at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 7,700 gallons of oil has been raked, skimmed and vacuumed from a spill that stretched across 9 miles of California coast, just a fraction of the sticky, stinking goo that escaped from a broken pipeline, officials said. (AP Photo/Jae C. Hong)
Crews from Patriot Environmental Services collect oil-covered seaweed and sand from the shoreline at Refugio State Beach, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off, creating a slick some 4 miles long about 20 miles west of Santa Barbara. (AP Photo/Michael A. Mariant)
GOLETA, CALIFORNIA - MAY 20: Oil covers rocks on the beach near Refugio State Beach on May 20, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 20: Oil covers the sand at low tide near Refugio State Beach on May 20, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
Crews from Patriot Environmental Services collect oil-covered seaweed and sand from the shoreline at Refugio State Beach, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off, creating a slick some 4 miles long about 20 miles west of Santa Barbara. (AP Photo/Michael A. Mariant)
Crews from Patriot Environmental Services collect oil-covered seaweed and sand from the shoreline at Refugio State Beach, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off, creating a slick some 4 miles long about 20 miles west of Santa Barbara. (AP Photo/Michael A. Mariant)
GOLETA, CALIFORNIA - MAY 20: Oil covers rocks on the beach near Refugio State Beach on May 20, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
Plastic buckets filled with oil collected from the beach at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 7,700 gallons of oil has been raked, skimmed and vacuumed from a spill that stretched across 9 miles of California coast, just a fraction of the sticky, stinking goo that escaped from a broken pipeline, officials said. (AP Photo/Jae C. Hong)
A clean-up worker removes oil from the beach at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 7,700 gallons of oil has been raked, skimmed and vacuumed from a spill that stretched across 9 miles of California coast, just a fraction of the sticky, stinking goo that escaped from a broken pipeline, officials said. (AP Photo/Jae C. Hong)
A clean up worker heads to the shoreline while a larger group of workers begin clean up operations at Refugio State Beach, site of an oil spill, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off, creating a slick some 4 miles long about 20 miles west of Santa Barbara. (AP Photo/Michael A. Mariant)
Workers prepare an oil containment boom at Refugio State Beach, north of Goleta, Calif., Thursday, May 21, 2015. More than 7,700 gallons of oil has been raked, skimmed and vacuumed from a spill that stretched across 9 miles of California coast, just a fraction of the sticky, stinking goo that escaped from a broken pipeline, officials said. (AP Photo/Jae C. Hong)
Clean up workers place shovels of oil-laden sand in bags while a larger group of workers begin clean up operations at Refugio State Beach, site of an oil spill, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off, creating a slick some 4 miles long about 20 miles west of Santa Barbara. (AP Photo/Michael A. Mariant)
Clean up crews walk down the beach at Refugio State Beach, site of an oil spill, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off, creating a slick some 4 miles long about 20 miles west of Santa Barbara. (AP Photo/Michael A. Mariant)
Clean up crews remove oil-laden sand on the beach at Refugio State Beach, site of an oil spill, north of Goleta, Calif., Wednesday, May 20, 2015. A broken onshore pipeline spewed oil down a storm drain and into the ocean for several hours Tuesday before it was shut off, creating a slick some 4 miles long about 20 miles west of Santa Barbara. (AP Photo/Michael A. Mariant)
GOLETA, CALIFORNIA - MAY 19: Spilled oil covers the beach at Refugio State Beach as the Channel Islands are seen in the distance on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
This photo provided by the Santa Barbara County Fire Department shows an oil slick from a broken pipeline off the central California coast near Santa Barbara on Tuesday, May 19, 2015. Capt. Dave Zaniboni of the Santa Barbara County Fire Department says the pipeline on the land near Refugio State Beach broke Tuesday and spilled oil into a culvert that ran under the U.S. 101 freeway and into the ocean. (Mike Eliason/Santa Barbara County Fire Department via AP)
GOLETA, CALIFORNIA - MAY 19: Spilled oil covers the beach at Refugio State Beach as the Channel Islands are seen in the distance on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
This photo provided by the Santa Barbara County Fire Department shows an oil slick from a broken pipeline off the central California coast near Santa Barbara on Tuesday, May 19, 2015. Capt. Dave Zaniboni of the Santa Barbara County Fire Department says the pipeline on the land near Refugio State Beach broke Tuesday and spilled oil into a culvert that ran under the U.S. 101 freeway and into the ocean. (Mike Eliason/Santa Barbara County Fire Department via AP)
This photo provided by the Santa Barbara County Fire Department shows an oil slick from a broken pipeline off the central California coast near Santa Barbara on Tuesday, May 19, 2015. Capt. Dave Zaniboni of the Santa Barbara County Fire Department says the pipeline on the land near Refugio State Beach broke Tuesday and spilled oil into a culvert that ran under the U.S. 101 freeway and into the ocean. (Mike Eliason/Santa Barbara County Fire Department via AP)
This photo provided by the Santa Barbara County Fire Department shows an oil slick from a broken pipeline off the central California coast near Santa Barbara on Tuesday, May 19, 2015. Capt. Dave Zaniboni of the Santa Barbara County Fire Department says the pipeline on the land near Refugio State Beach broke Tuesday and spilled oil into a culvert that ran under the U.S. 101 freeway and into the ocean. (Mike Eliason/Santa Barbara County Fire Department via AP)
This photo provided by the Santa Barbara County Fire Department shows an oil slick from a broken pipeline off the central California coast near Santa Barbara on Tuesday, May 19, 2015. Capt. Dave Zaniboni of the Santa Barbara County Fire Department says the pipeline on the land near Refugio State Beach broke Tuesday and spilled oil into a culvert that ran under the U.S. 101 freeway and into the ocean. (Mike Eliason/Santa Barbara County Fire Department via AP)
GOLETA, CALIFORNIA - MAY 19: A boat with the nonprofit collective Clean Seas deploys a boom, with an oil platform seen in the distance, to try to contain an oil spill on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast in 1969 where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 19: Campers leave the Refugio State Beach campground after it is closed because of an oil spill on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast in 1969 where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 19: Local residents Josh Marsh and Morgan Miller (R) patrol the oil-covered beach for distressed wildlife on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast in 1969 where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 19: Oil surrounds the feet of local resident Morgan Miller as he patrols the beach for oiled wildlife on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast in 1969 where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 19: Officials walk along an the oil-covered beach as night falls on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast in 1969 where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 19: Local residents Josh Marsh and Morgan Miller (R) patrol the oil-covered beach for distressed wildlife on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast in 1969 where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 19: Spilled oil covers the beach at Refugio State Beach as the Channel Islands are seen in the distance on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
GOLETA, CALIFORNIA - MAY 19: Officials walk along an the oil-covered beach on May 19, 2015 north of Goleta, California. About 21,000 gallons spilled from an abandoned pipeline on the land near Refugio State Beach, spreading over about four miles of beach within hours. The largest oil spill ever in U.S. waters at the time occurred in the same section of the coast in 1969 where numerous offshore oil platforms can be seen, giving birth to the modern American environmental movement. (Photo by David McNew/Getty Images)
Local residents stand on oil covered rocks and sand at Refugio State Beach in Goleta, California, May 19, 2015. An oil pipeline ruptured dumping oil into the Pacific Ocean near Santa Barbara, California, the US Coast Guard said. The spill was estimated at 21,000 gallons (80,000 liters) of oil, local media reported. AFP PHOTO/ ROBYN BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
Officers from the Office of Emergency Management (OEM) set up a restricted area at Refugio State Beach after an oil spill in Goleta, California, May 19, 2015. An oil pipeline ruptured dumping oil into the Pacific Ocean near Santa Barbara, California, the US Coast Guard said. The spill was estimated at 21,000 gallons (80,000 liters) of oil, local media reported. AFP PHOTO/ ROBYN BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
Two trawlers lay yellow booms to contain an oil slick at Refugio State Beach in Goleta, California, May 19, 2015. An oil pipeline ruptured dumping oil into the Pacific Ocean near Santa Barbara, California, the US Coast Guard said. The spill was estimated at 21,000 gallons (80,000 liters) of oil, local media reported. AFP PHOTO/ ROBYN BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
Two brown pelicans fly low over the oil slick at Refugio State Beach in Goleta, California, May 19, 2015. An oil pipeline ruptured dumping oil into the Pacific Ocean near Santa Barbara, California, the US Coast Guard said. The spill was estimated at 21,000 gallons (80,000 liters) of oil, local media reported. AFP PHOTO/ ROBYN BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
Oil covers a local resident's boot at Refugio State Beach in Goleta, California, May 19, 2015. An oil pipeline ruptured dumping oil into the Pacific Ocean near Santa Barbara, California, the US Coast Guard said. The spill was estimated at 21,000 gallons (80,000 liters) of oil, local media reported. AFP PHOTO/ ROBYN BECK (Photo credit should read ROBYN BECK/AFP/Getty Images)
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Cheverez, who grew up on the beaches in Santa Barbara County diving for urchin and lobsters, said the spill will cause years of damage to the scenic coast and waters that "serve as the backbone of the local economy."

The spill has discouraged tourists from visiting, he said, noting that Refugio State Beach, where the oil spilled onto the beach, and another state park were closed for Memorial Day weekend and would be closed at least through June 18. One kayak touring company reported 25 cancellations after the spill, causing a $3,000 loss.

"Tourists come to these beaches to enjoy the unspoiled sand and water," the lawsuit said. "People support themselves and their families by harvesting fish and shellfish from these waters. All that has been damaged by this spill, and that damage will likely last for decades."

The cause of the spill from an underground pipe carrying crude from offshore rigs to inland refineries has not been determined and the damage has not been tallied. About 800 people were mopping up the mess left on beautiful beaches this week and 22 boats continued skimming oil from the waters.

The death toll through Tuesday included 53 mammals and 87 birds, officials said. Another 40 mammals and 58 birds were rescued and being treated.

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