Jun 6, 2008 4:32 pm US/Pacific
Cosco Busan Owners Point Finger At Government
SAN FRANCISCO (AP) ―
The shipping company that owned the Cosco Busan when it struck the Bay Bridge last November has claimed the resulting oil spill was the government's fault for licensing a bay pilot with a history of drug and alcohol abuse.
The "counterclaims" were contained in ship owner Regal Stone's formal response, filed Thursday, to a Justice Department federal lawsuit. The lawsuit filed six months ago accused the pilot and Regal Stone of breaking environmental laws when the ship struck a bridge support in San Francisco Bay, spilling 53,000 gallons of toxic oil.
Hong Kong-based ship owner Regal Stone Ltd. fired back in legal papers, accusing the federal government of "gross negligence and willful misconduct."
The counterclaims draw heavily on recent news media and investigative revelations about pilot Capt. John Cota's past. Among the disclosures cited by Regal Stone is the fact, first disclosed by The Associated Press in January, that Cota had a sleep disorder and was on prescription medication to ward off drowsiness, as well as Valium.
The National Transportation Safety Board disclosed in April a lengthy list of prescription drugs Cota had taken, and said he had a 1999 DUI conviction. Regal Stone's counterclaim asserts, without elaboration, that Cota had a second DUI conviction in 1971.
"Pilot Cota was medically unfit and incompetent to perform the duties required by his United States Coast Guard license," Regal Stone's counterclaim states. "Pilot Cota's medical condition and his use of prescription medications resulted in the impairment of his cognitive abilities and contributed to his lack of situational awareness."
The ship owner argues that the Coast Guard "knew or should have known of Pilot Cota's disclosures, medical history and/or medical condition prior to the incident.
"The United States was negligent in licensing pilot Cota, insofar as it failed to determine that Pilot Cota was not medically fit for duty pursuant to the applicable regulations," the document states.
"In essence, the United States Coast Guard failed to 'guard the coast' by failing to disqualify Pilot Cota and instead renewing his license."
Andrew Ames, a spokesman for the Justice Department, declined to comment.
Similarly, Regal Stone blames California authorities for its "negligent decision" to issue a state pilot's license to Cota; and the doctors who gave Cota his physical and subsequently told state officials he was fit for duty.
The document filed Thursday also claims that personnel at the Coast Guard's Vessel Traffic Service, which monitors ships on the bay, should have warned Cota he was approaching the bridge on the morning of Nov. 7, and ordered him to change course.
In fact, the VTS did warn Cota he appeared to be heading for the bridge support. The Coast Guard has said VTS personnel are not authorized to direct traffic, but only to offer guidance.
And Regal Stone claims that the VTS personnel "placed bets and/or wagers among themselves as to whether the vessel would pass safely or strike the bridge." The legal document offers no evidence for this claim.
Coast Guard spokesman Dan Dewell said investigators have found no merit to this assertion, and AP reviews of thousands of pages of investigative documents have turned up nothing of the sort.
Two spokesmen for Regal Stone did not return phone calls Friday afternoon, and an attorney for Regal Stone said he would have to check his records.
The federal lawsuit alleged that the crash violated the National Marine Sanctuary Act, the Oil Pollution Act of 1990 and the Park System Resource Protection Act. It accused the defendants of "fault, negligence and breach of federal safety and operating regulations."
Other defendants include Fleet Management Ltd., the managers of the Cosco Busan; Cota; and the Shipowners Insurance and Guaranty Co. Ltd., or Sigco, which insured the ship.
The government lawsuit seeks unspecified damages to compensate taxpayers for the federal response to the spill.
As part of its counterclaims, Regal Stone seeks "the full value of the United States' claims asserted against" the ship owner.
Regal Stone said the total price tag of the cleanup; consultant, lawyer and specialist fees; environmental damage; lawsuits; and other costs will exceed $60 million.
The Justice Department now has until early August to respond to the counterclaims.
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