John Burris sues Chevron for refinery fire that sickened over 14,000

Update: Listen to the KPFA Special Broadcast of the Aug. 23 Town Hall Meeting organized by Communities for a Better Environment to address community questions and concerns in the aftermath of the Chevron Oil Refinery fire on Aug. 6 in Richmond. The meeting MC is Andres Soto of CBE who also hosts the KPFA Morning Mix every Thursday 8-9 a.m.:

Three stories follow: the first on a lawsuit filed on behalf of people sickened by the fire, the second by Democracy Now interviewing Richmond Mayor Gayle McLaughlin and Communities for a Better Environment organizer Andres Soto, and the third by Michael Brune, executive director of the Sierra Club.

Lawsuit filed against Chevron for gross negligence

Bay Area attorneys John Burris, Matthew Kumin and Patrick Goggin joined forces to file a lawsuit Wednesday on behalf of victims of the Chevron refinery explosion on Aug. 6. The resulting toxic plume released after a pipe failed in the troubled Crude Unit No. 4 covered areas in which thousands of residents live, work and play. More than 14,000 sought treatment after the fire.

The lawsuit charges that Chevron was grossly negligent in handling an accident that, with proper safety measures and a timely response, could have been avoided. The attorneys’ firms, while filing on behalf of a number of victims, recognize that thousands of residents in the impacted area suffered various damages – from severe respiratory illnesses to frightening moments as they sheltered in place. A class action lawsuit may follow shortly.

While Chevron has initiated an early claims process, the attorneys representing the victims caution that until the full extent of an individual’s medical damages are known, many claims may be premature. The attorneys cautioned those filing claims not to sign waivers which may have the effect of cutting off their ability to recover for injuries that may develop later.

Attorney John Burris, whose firm has a long history representing minorities and those impacted by earlier toxic incidents in the Richmond area said that Chevron’s “failure to act immediately with urgency when the leak was initially discovered was unconscionable. Chevron’s conduct needlessly placed the health of thousands at risk. This fire and resulting damage was avoidable.”

Attorney John Burris said that Chevron’s “failure to act immediately with urgency when the leak was initially discovered was unconscionable. Chevron’s conduct needlessly placed the health of thousands at risk. This fire and resulting damage was avoidable.”

Chevron, which has operated a refinery in Richmond for over 100 years, continued to run the failed unit despite concern expressed about its safety in 2011. Burris asserts that a Fortune 500 multinational corporation claiming to be a “good neighbor” should always understand that the city of Richmond and surrounding communities can ill afford to be routinely subjected to environmental toxins. “This has to stop,” he said, “and this case may contribute to the institution of more effective safety and prevention policies and practices.”

The suit asks the court to require Chevron to implement measures to ensure that the accidental release of toxins does not recur. Such measures include establishing an effective early warning system, creating protocols for shutting down any equipment at the first sign of leaks and damage, and appointing a monitor to oversee implementation of new protocols and installation of new equipment.

To learn more, contact the Law Offices of John L. Burris at (510) 839-5200, the Law Office of Matthew Kumin at (415) 434-4500 or the Law Office of Patrick Goggin at (415) 981-9290.

Chevron oil refinery fire in Richmond, California, forces residents to hospitals

by Democracy Now!

Aug. 8, 2012 – More than 900 people have sought medical treatment following a massive fire at a Chevron oil refinery in Richmond, California. Tens of thousands of area residents were ordered to stay in their homes with the windows and doors closed after a series of blasts Monday sparked blazing fires that sent huge plumes of smoke. Chevron now says the situation is under control.

We talk with Richmond Mayor Gayle McLaughlin, a member of the Green Party, who is seeking a full investigation into the blaze. “We have a community that has been fighting Chevron for a long time, and I’m proud to and honored to stand for that community,” McLaughlin said.

We’re also joined by Andres Soto, the Richmond organizer for Communities for a Better Environment, an environmental justice group that has previously sued Chevron over what it says was a shoddy environmental impact report. “They refuse to sit at the table, they refuse to negotiate in good faith with the community over a wide range of issues, whether it’s fair taxation or whether it’s environmental safety and environmental justice,” Soto said.

Nermeen Shaikh: We go now to Richmond, California, where over 900 people have sought medical treatment at local hospitals following a massive fire and a Chevron oil refinery, the second-largest in the state. A series of blasts erupted early Monday evening sparking the blazing fires that sent large plumes of smoke into the sky. Tens of thousands of residents of Richmond, North Richmond and San Pablo were ordered to stay in their homes with the windows and doors closed to avoid breathing in hazardous fumes. Local authorities issued a level 3 warning for fire, meaning it can cause eye, skin, nose or respiratory irritation. Residents interviewed by KTVU reported numerous health issues connected to the fire.

Richmond resident: We’re feeling like tightness of the chest, the watery eyes, and my son is complaining about his throat and nose.

Nermeen Shaikh: The Chevron fire in Richmond is the latest in a series of fires at the more than 100-year-old Richmond plant. Analysts say this most recent fire will push gas prices over the $4 mark on the West Coast. Chevron says the situation is under control. An answering message on the company’s Richmond Community Hotline yesterday said the fire has been fully contained.

Chevron Information Hotline: Hello, this is the Chevron General Information Hotline for Richmond, California, for Monday, Aug. 6, at 11:30 p.m. We would like to again apologize to the community for the fire and smoke that occurred this evening at our Richmond refinery. The fire began at approximately 6:30 in our No. 4 Crude Unit. At this time the fire is fully contained and the shelter-in-place warning has been lifted by the Contra Costa Health Services Department. We are working closely with local, state and federal government agencies who are on site to determine the exact cause of the incident and to address any current issues and concerns.

Amy Goodman: Chevron occupies over 13 percent of Richmond’s land and, according to the California Air Resources Board, emits more greenhouse gas pollution than any other facility in California. Many who grew up in the refinery’s shadow have memories of illnesses caused by spills.

Community activists have also accused Chevron of using its local economic clout to minimize taxes and skirt environmental regulations. Chevron, however, says it is a good neighbor that bolsters the economy of Richmond and its surroundings. Democracy Now! invited Chevron to join us on the show. They did not respond to our repeated phone calls.

We’re going to Berkeley, California, now, where we are joined by two guests: Mayor Gayle McLaughlin of Richmond, California, a member of the Green Party, is seeking a full investigation from both Chevron and independent sources into the fire, and we’re joined by Andres Soto, Richmond organizer for Communities for a Better Environment. The environmental justice group has previously sued Chevron over what it says was a shoddy environmental impact report.

We welcome you both to Democracy Now! Let’s begin with Mayor McLaughlin. There was a fiery meeting last night – hundreds of residents demanding answers from Chevron and local authorities. Can you talk about what is happening now and what it is that you are demanding?

Gayle McLaughlin: Thank you, Amy, for having me. This situation is totally unacceptable that every few years we have these disastrous situations with fires and impact on the health of our community. Last night, Chevron held a town hall meeting in response to residents’ concerns, concerns about the fact that they had to shelter in place for hours, through the night and Monday evening and into Tuesday morning.

The meeting showed that people were extremely upset. People were voicing their empowerment, stating they needed to hear from Chevron what are the causes – what were the root causes of the situation – and how they were going to implement a more safe refinery and how the community warning system could work better.

So what I am calling for, and this is something I have been calling for throughout this process, is a full transparent investigation not only by Chevron, but by independent sources so that we can get a full analysis of what caused this fire and how we can assure the safety of our community that has suffered for decades from environmental injustice. So our efforts are going to be strong, continuous and, as a progressive elected official along with a couple of other progressives on the City Council, we are there to stand for the residents.

We have this big 1-percenter in our community, and it is clear that we are still in battle with them and will continue to be until they understand that they can’t make these – they have to do better by our community and make sure that our community is safe from any harm.

Nermeen Shaikh: Mayor Mclaughlin, for our audiences who don’t know, can you describe the demographics in Richmond, Mayor Gayle McLaughlin?

Gayle McLaughlin: We have a predominantly people of color community. We have about, almost 40 percent of our community is Latino, close to 30 percent African-American. We have an Asian population, Native American. Particularly around the refinery, we have people of color, a low-income community. We have a community that has suffered social injustice, economic injustice, racial injustice, environmental injustice.

So we have a community that’s been fighting Chevron for a long time. I am proud and honored to stand for that community.

Amy Goodman: I want to turn to an interview that KGO, local ABC in San Francisco, did with a Chevron refinery spokesperson, Walt Gill, shortly after the Chevron fire began.

Interviewer: We heard some of our viewers tell us that they heard an explosion around 6:35, 6:40. Are you aware of that?

Walt Gill: No, we have no understanding of anything in the way of explosions here, just the fire that resulted from an unknown source at our crude unit.

Interviewer: So, the crews on scene there, as you mentioned, immediately were on that at 6:15. Were they unable to really get control of that? Is that why we saw things really wrapped around 6:35?

Walt Gill: That’s part of what you saw. By the way, we do have a world-class fire department on hand. Part of the flame that’s being seen is due to our flares, and flares are safety devices that are used to burn off the hydrocarbons and the fuels that are in the units, so they can safely be de-pressurized. So that is some of the smoke and fire that people are seeing.

Amy Goodman: That is a Chevron spokesperson. Andres Soto is also with us, Richmond organizer for Communities for a Better Environment. Andres, explain what it is like to be in Richmond. Talk about the fire, the chemicals that have been released, what you understand happened, and how residents are responding.

Andres Soto: Thank you for having me, Amy, as well. This was a very dramatic and shocking event, particularly in Richmond and San Pablo, and the areas that were subject to the shelter-in-place order. It started out with these explosions, and then a huge mushroom cloud over the city. At first, there was no news coverage, at least locally, the Bay Area. The media hadn’t gotten aware of it. Then all of the sudden it was on all the television, radio stations; everybody was paying attention.

By then, that cloud started to spread to the eastward and over the hills going northward and eastward, blanketing neighboring communities. This is one of the most serious environmental disasters that’s happened to the Bay Area. We have seen a number of them, like the Cosco Busan shipping disaster and other environmental disasters, but this one, with the sirens, when they finally went off, it was like living in a war zone where you have this toxic cloud overhead and sirens going on. It was a very scary place to be. Many people, then, started showing up at the hospitals locally, as you reported. So it is a major trauma to the community.

Last night at the dog and pony show that Chevron put on at the Richmond Auditorium, it was clear the emotions, the anger that the community was feeling really boiled over. The Chevron people heard that voice loud and clear. From moving forward now, they are trying to get approval of their so-called plant upgrade and they have to go through an approval process of the City of Richmond that includes the Planning Commission and the City Council.

In the past when they did it, they tried to push through their approval with an inadequate EIR. Communities for a Better Environment went to court. The judge upheld the action against Chevron’s desires, and they now have to deal with the city in a new and different fashion.

They have also attempted to influence local politics and have influenced local politics for a century. Just in the most recent election, 2010, they spent $1 million alone on three candidates. All three of those candidates lost. They have a very difficult public relations problem with the community of Richmond. We’re going to hold their feet to the fire as we move forward.

Nermeen Shaikh: Chevron says it is fully prepared to deal with the situation. Let’s turn to another excerpt of the company’s voice message on its Richmond Community Hotline yesterday.

Chevron Information Hotline: Comprehensive plans and procedures are in place to respond to situations like this one, and we are responding to this incident as quickly as we can and are deploying highly trained personnel to assess and manage the situation. We are currently taking appropriate measures necessary to address and provide for the safety and security of our facilities, our employees, contractor personnel and surrounding community and residents.

Nermeen Shaikh: Andres Soto, could you comment on what the Chevron spokesperson said? Chevron is also the largest private employer by far in Richmond.

Andres Soto: The history of Chevron actually predates the incorporation of the City of Richmond by a few years. So, it has always been a specter looming within the city: largest taxpayer, largest employer. But right now as it exists, Chevron employs less than, 5 percent of its employees are actually local Richmond residents. It is a misnomer that they’re a solution to the local job situation.

Realistically, what we have seen is nothing but spin out of the refinery. On the one hand they apologized to the community, (which is) is how they always lead their statements off. But, realistically, they came out and they were blaming the same community and the environmentalists for them not being able to modernize and upgrade their operations there at the Richmond refinery when in fact, we know that this unit, the crude unit that actually caught on fire and blew up, it was never part of that upgrade program.

They could have ensured the safety of this thing in general. But it is that mendacity, the misrepresentation of the truth that Chevron is engaging in, that makes it very difficult to deal with them. They refuse to negotiate in good faith with the committee over a wide range of issues, whether it is fair taxation or whether it’s environmental safety and environmental justice. They’re an international corporation.

Amy Goodman: Andres, can you tell us, do you know the chemicals that have been released into the environment?

Andres Soto: What I understand from the people who study the science, it’s a whole range of hydrocarbons. We suspect that this is some of that high sulfur content dirtier crude from the Canadian tar sands that may have been involved with this. So, you know, there is exotic metals. It’s a whole toxic stew of chemicals that were released into the broad environment – and not just in our local community, but throughout the region.

We suspect that this is some of that high sulfur content dirtier crude from the Canadian tar sands that may have been involved with this. It’s a whole toxic stew of chemicals that were released into the broad environment – and not just in our local community, but throughout the region.

Amy Goodman: I interrupted you when you were talking about Chevron being an international corporation.

Andres Soto: Right. I mean, this is one of the biggest international, multinational corporations. We have seen how they have dealt with the people in Nigeria – in fact, their mouthpiece in Richmond, Heather Kulp, was assigned to Nigeria before they assigned her to Richmond – where they have actually used the Nigerian army to kill people.

We know in Ecuador, they bought the processing of the oil there, the wells there, and the extraction and have left a toxic mess that was started by Texaco and they are ignoring the fine that the Ecuadorian government has imposed. Down in Brazil, we see them taking action where they have actually indicted Chevron executives for offshore oil drilling accidents and spills. Looking at that, that is actually a role model. Unfortunately over here, nobody is talking about arresting Nigel Hearne and his crew for the Chevron experience the other day, the environmental disaster we suffered.

Nermeen Shaikh: I want to ask you more about Chevron and Ecuador. Earlier this year, Ecuadorean plaintiffs launched a new effort to recoup the $18 billion in damages that Chevron has refused to pay for polluting Ecuador’s rainforest since the 1970s. Amazonian residents won the judgment last year after a long-running case seeking damages for Chevron’s dumping of toxic oil waste.

Chevron has helped to avoid the fine by dissolving its assets inside Ecuador. In late June, the plaintiffs filed suit against Chevron holdings in Brazil in a bid to target Chevron worldwide. A similar lawsuit was filed in Canada in May. Juan Pablo Saenz, a lawyer in the case, said Chevron’s actions had left the plaintiffs with no choice but to pursue the company around the globe.

Juan Pablo Saenz: Because Chevron is failing to comply with the sentences in Ecuador, we’re obligated to look for a series of countries where they have interests and directly attack those interests to be able to collect the amount of money ordered to repair the Ecuadorean Amazon.

Nermeen Shaikh: Andres Soto?

Andres Soto: Chevron is behaving as an international criminal corporation. In fact last night and in Richmond, that is what some folks were calling them. This kind of behavior, this irresponsible corporate behavior is, in our community, masked by giving chump change out to local nonprofits to keep them quiet, to remove them from the debate, you know, community leadership.

But, at the same time, they’re not fooling everybody. We see this reckless behavior of avoiding these judgments in other countries while right in our own country they have been appealing their property taxes and actually were found to owe more taxes than they actually paid. We have seen where they try to evade revealing their energy usage to avoid paying the utility user’s tax locally. They had to reach a settlement on that.

And still they have millions of dollars to spend on influencing local politics. This kind of corporate criminal behavior is not fooling the people of Richmond.

Nermeen Shaikh: Finally, we just have about 30 seconds and I did want to go back to Mayor McLaughlin. You are one of the only Green Party mayors in the country. Under your watch, the Chevron plant has had this major fire. Your final comments about what you feel needs to happen?

Gayle McLaughlin: Absolutely. We have been fighting Chevron since I was elected and, by efforts of a council member before I was elected, we have a progressive movement in the city of Richmond. Since our efforts, the progressives on the council, Chevron has no longer dominated City Hall. We have two new progressives running this particular election, and we need to get them on board because we have two continued council members in the pockets of Chevron.

We’re in so many ways a leading environmental city based on our initiatives. So, with a stronger voice, with a super majority of progressives through the Richmond Progressive Alliance on the City Council, we will be able to hold Chevron totally accountable by our votes, by regulating them, by not giving them a permit for their new proposal unless they put in the highest safety precautions and the highest assurance that they won’t be refining this dirty, heavy crude that can cause more explosions and cause more harm to our community. So we have the political muscle and we want to keep it moving.

We’re a leading environmental city. With a super majority of progressives on the Richmond City Council, we will be able to hold Chevron totally accountable by not giving them a permit for their new proposal unless they take the highest safety precautions and the highest assurance that they won’t be refining this dirty, heavy crude that can cause more explosions and cause more harm to our community. We have the political muscle.

Amy Goodman: We want to thank you both very much for being with us, Mayor Gayle McLaughlin of Richmond, California, member of the Green Party, seeking a full investigation from both Chevron and independent sources into the fire, and Andres Soto, Richmond organizer for Communities for a Better Environment.

Democracy Now! is broadcast weekdays on KPFA 94.1 FM at 9 a.m. and on 1,100 radio and TV stations, the largest public media collaboration in the country. Visit for archived shows, transcripts, podcasts and more. This segment was broadcast Wednesday, Aug. 8, 2012.

Shelter in place

by Sierra Club Executive Director Michael Brune

Aug. 9, 2012 – For thousands of people in the San Francisco Bay Area communities of Richmond, North Richmond, San Pablo and El Cerrito, last Monday was a night of terror.

Explosions and a massive fire shook Chevron’s giant refinery in Richmond starting around 6:15 p.m. Our own Jessica Meskus, the associate art director of Sierra magazine, lives about four miles from the refinery and got home at about 6:30:

“I heard the sirens go off. It happens every once in a while. I’ve lived there three years. When it happens, you close your doors and windows, and you wait for someone to tell you what’s going on. So I went outside to get Wilma, my tortoise, from the backyard and make sure my dogs Lex, Leela and Moose were inside. As I bent down to pick up Wilma, I heard the second explosion and saw a huge plume of black smoke lift into the sky.

“As soon as I heard the explosion, I yelled at my husband and screamed at our neighbors to lock up their house. We live downwind and it was coming straight at us. The sirens were going. We didn’t know if it was an attack or something else. When you live in Richmond, you know there’s a refinery there. But you just hope that it’s safe.

“It was about 15 minutes before anything came on the news. We had no warning call, which we get sometimes. We didn’t know if we should jump in the car or what. The smoke completely blocked the sun.”

Thankfully, only two minor injuries from the explosion were reported at the refinery and among the 100 firefighters who battled for five hours to contain the blaze. But that 4,000-foot high plume of black smoke that blacked out the sun was visible from all over the Bay Area, and it was filled with particulate matter, sulfur compounds and other toxins. The San Francisco Chronicle reports that area hospitals logged 1,700 emergency room visits by people suffering from respiratory problems, vomiting, severe headaches and more.

Jessica and her husband followed the standard procedure to “shelter in place”:

“We stayed in our house and sealed the doors with painter’s tape. Some people use plastic and cover the whole thing. Luckily, we have good airtight windows. My husband still woke up with inflamed throat the next morning.”

A Chevron spokesperson apologized for “inconveniencing our neighbors.” But the knowledge that it’s not safe to breathe in your own home is not an inconvenience; it’s terror. Going to the emergency room is always scary, but going to an ER that’s seeing hundreds of other people for similar symptoms, while a black mushroom cloud spreads over your neighborhood? That’s terror.

A Chevron spokesperson apologized for “inconveniencing our neighbors.” But the knowledge that it’s not safe to breathe in your own home is not an inconvenience; it’s terror.

It’s also part of a pattern of failure by Chevron and regulators to protect the public. In 2010, Chevron agreed to install a real-time ground level air-monitoring system to detect hazardous air pollution in communities near the refinery. Now, state regulators are saying that there is little risk, but you can’t find what you don’t look for. That monitoring system was never installed.

A spokesperson for California’s Division of Occupational Safety and Health said, “Investigators have notified us that Chevron’s emergency response was excellent.” But Chevron knew about a leak at about 4:15. They didn’t shut down the plant. And they waited to report a problem, despite the requirement that it report emergencies like this immediately. The San Jose Mercury News has reported on how the emergency warning system failed. Jessica notes that she “never heard from Chevron or authorities.” Her first thoughts on hearing the explosion were to protect her pets and to warn her neighbors – a lesson lost on Chevron.

To add insult to injury, now Chevron and its apologists have tried to blame its problems on community members who stopped an expansion of the massive refinery. But the Sierra Club and the refinery workers whom we collaborate with through the BlueGreen Alliance know that the only thing standing in the way of safety improvements at the Richmond refinery is Chevron itself.

Residents of the East Bay – and that includes Berkeley and Oakland, which are also downwind of the plant – must now contend with the aftermath of toxic smoke that made its way into the homes and lungs of an entire community. The most vulnerable, those with asthma or other health problems that compromise their bodies’ defenses, will not just be “inconvenienced.” And everyone, no matter how healthy, faces unknown long-term health effects. That is terror.

The Sierra Club stands with Communities for a Better Environment in demanding a few obvious things from Chevron and from the state of California:

• A community-based investigation of the accident, paid for by Chevron but independent and overseen by members of the community. We need to know what went wrong and how this kind of accident can be prevented.

• Broader community compensation that goes beyond reimbursing medical bills and firefighting costs. When the BART system shut down, for instance, it isolated communities and people lost work.

• Chevron needs to stop blaming everyone else for its problems. This argument, in the words of Richmond community organizer Andres Soto, is both disingenuous and outrageous: “The crude unit that exploded had nothing to do with Chevron’s expansion proposal.”

Another of the Sierra Club’s local partners, the Asian Pacific Environmental Network, notes that Chevron had $13.7 billion in profits in the first two quarters of 2012 and asks, “How much is enough to assure safety of this refinery?”

At a facility that is California’s no. 1 producer of greenhouse gasses, in a county that produces more hazardous materials per capita and square mile than any other in the state, Chevron must do a lot better.

Sierra Club Executive Director Michael Brune’s critically acclaimed book, “Coming Clean – Breaking America’s Addiction to Oil and Coal,” published by Sierra Club Books in 2008, details a plan for a new green economy that will create well-paying jobs, promote environmental justice and bolster national security. He can be reached through Sierra Club National Headquarters, 85 Second Street, Second Floor, San Francisco, CA 94105, (415) 977-5500, This story originally appeared on his blog.