Nov 30, 2007 12:34 pm US/Pacific
Feds Suing Ship Owner, Pilot In SF Bay Oil Spill
SAN FRANCISCO (CBS 5 / AP) ―
The federal government on Friday accused a ship pilot and the owners of the container ship Cosco Busan of breaking environmental laws when the ship struck a bridge support in San Francisco Bay, spilling 58,000 gallons of toxic oil.
The Justice Department filed the lawsuit in U.S. District Court here, alleging that the National Marine Sanctuary Act, the Oil Pollution Act of 1990 and the Park System Resource Protection Act were violated when the vessel struck a bridge support Nov. 7.
It names as defendants both Regal Stone Ltd. and Fleet Management Ltd., both of which are listed as owners, operators and managers of the Cosco Busan and both of which, according to the suit, are "believed to be headquartered in Hong Kong."
The suit also names Capt. John Cota, who was at the helm when the collision took place, and the Shipowners Insurance and Guaranty Co. Ltd., which insured the ship.
The government sought unspecified damages to compensate taxpayers for the federal response to the spill. It said the sum of those damages "is not known and shall be established according to proof at the time of trial."
It accused the defendants of "fault, negligence and breach of federal safety and operating regulations."
The government said the oil spilan declined an offer to receive it by e-mail.
"We are committed to the investigation and are not speaking publicly about it or any pending legal matters out of respect for those processes," Lawrence said.
John Meadows, an attorney for Cota, did not immediately return a phone call seeking comment Friday; nor did Fleet Management, which, according to Lawrence, provides technical advice to the ship owners. Phones at Sigco's Bermuda offices rang unanswered.
The government also said it had the right to "arrest" the Cosco Busan, which is currently being repaired in San Francisco, a form of impoundment meant to ensure its owners pay the damages. But, the court filing said, the Justice Department wanted to avoid that step, instead seeking a "letter of undertaking" as a form of "substitute security."
Yet a week after it asked the company for that letter, the company had not responded, according to the filing. Acting Assistant Attorney General Jeffrey S. Bucholtz, who signed this court filing, said he had provided his cell phone number to the company "and indicated that he would accept a call at ANY time, including after close of regular business hours."
The filing said the government was still willing to "provide reasonable accommodation" to obtain substitute security, but could arrest the ship if "efforts at cooperation are not returned in kind."
Lawrence responded: "We have been focusing all our attention on the response, and do not have a record specifically on this issue. This matter is one dealt with often by counsel and the Justice Department and will be well taken care of to the satisfaction of all parties."
Also Friday, the state Board of Pilot Commissioners suspended Cota's pilot license during the several investigations under way.
The board explained its action by saying it was "protocol when there is reason to believe public interest requires it during an ongoing investigation," but said the suspension "should not be viewed as a prejudgment of pilot error."
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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