U.S. v. Chevron USA Inc. Complaint by oqp13905


									 1 GNACIA S. MORENO
    ssistant Attorney General
 2 nvironment and Natural Resources Division
   nited States Department of Justice
 3   ashington, D.C. 20530

 4         C. HURLEY (D.C. Bar No. 375676)
      rial Attorney
 5    nvironmental Enforcement Section

      nited States Department of Justice
      01 Howard Street, Suite 1050
                                                   E-fiii n9
      an Francisco, California 94105
 7    hone: (415) 744-6480
      ax: (415) 744-6476
 8    mail: ann.hurley@usdoj.gov

 9    ttorneys for Plaintiff United States of America

10     DMUND G. BROWN JR., Attorney General
     of the State of California
      enior Assistant Attorney General
12     ANIEL S. HARRIS (State Bar No. 157433)
     . eputy Attorney General
13    55 Golden Gate Avenue, Suite 11000
      an Francisco, California 94102-3664
14    hone: (415)703-5530
      ax: (415)703-5480
15    mail: DanieI.Harris@doj.ca.gov

       ttorneys for Plaintiff People of the State of California
17    x reI. the California Department of Fish and Game

                                      UNITED STATES DISTRICT COURT
19                                   NORTHERN DISTRICT OF CALIFORNIA
                                           OAKLAND DIVISION

      F THE STATE OF CALIFORNIA ex reI. the  )
22    ALIFORNIA DEPARTMENT OF FISH AND       )                                               EM
      AME,                                   )
23                                           )

                           Plaintiffs,       )
           vs.                               )                    COMPLAINT FOR NATURAL
25                                           )                    RESOURCE DAMAGES
      HEVRON U.S.A. INC.,                    )
26                                           )
                           Defendant.        )
27   I~______________________________~

28           The United States of America, by the authority of the Attorney General ofthe United

      .S. et al. v. Chevron U.S.A. Inc.                                       Complaint
 1   tates, acting at the request of the National Oceanic and Atmospheric Administration and the

 2   epartment of the Interior, and the People of the State of California ex reI. California

 3   epartment ofFish and Game, through the undersigned attorneys, file this complaint and allege

 4   s follows:

 5                                          NATURE OF ACTION

 6          1.        This is a civil action, brought against Chevron U.S.A. Inc. ("Chevron"), for

.7   ecovery of damages for injury to, loss of, or destruction of natural resources under Section 107

 8   f the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"),

 9   2 U.S.C. § 9607. Plaintiffs seek damages in order to compensate for and restore natural

10   esources injured by the release or threatened release of hazardous substances into Castro Cove, a

11   mall embayment within San Pablo Bay located adjacent to an industrial area in Richmond,

12   alifornia, that includes a petroleum refinery, owned and operated by Defendant. Plaintiffs also

13   eek to recover unreimbursed costs of assessing such damages.

14                                        JURISDICTION AND VENUE

15          2.        This Court has jurisdiction over the subject matter of this action under 28 U.S.C.

16 §§ 1331 (federal question), 1345 (United States asplaintiff), 1367 (supplemental jurisdiction)

17    d Section 113(b) ofCERCLA, 42 U.S.C. § 9613(b) Gurisdiction; venue).

18          3.        Venue is proper in the Northern District of California, pursuant to 28 U.S.C.

19 §§ 84 (California) and 1391(b) (venue generally), and Section 113(b) ofCERCLA, 42 U.S.C. §

20   613 (b) (jurisdiction; venue), because it is the judicial district in which the releases occurred.

21                                              DEFENDANT

22          4.        Chevron is a "person" within the meaning of Section 101 ofCERCLA, 42 U.S.C.

23 § 9601(21), because Chevron is a corporation.

24                                        FACTUAL ALLEGATIONS

25          5.        Chevron owns and operates a petroleum refinery in Richmond, California, (the

26 'Refinery") that is adjacent to Castro Cove, a small embayment within San Pablo Bay.

27          6.        As used herein, "Castro Cove" shall mean the embayment located in San Pablo

28   ay within Contra Costa County, California, immediately north of the Chevron North Yard

     .S. et al. v. Chevron ·U.S.A. Inc.               -2-                          Complaint
 1 mpound Basin and enclosed by a line drawn from the Point San Pablo Yacht Harbor to the West

 2   ontra Costa Sanitary Landfill.

 3          7.       There have been "releases" and "threatened releases," within the meaning of

 4   ections 101(22) and 107(a) ofCERCLA, 42 U.S.C. §§ 9601(22) and 9607(a), from the Refinery

 5 .nto Castro Cove, including, inter alia, releases of mercury and poly~yclic aromatic hydrocarbons

 6   "PAHs") through an historical discharge of wastewater to the south side of Castro Cove. Lead

 7   as also released to the environment through lead pellets deposited in a portion of the Castro

 8   ove sediments from past skeet shooting activities at the Refinery.

 9          8.       "Hazardous substances" within the meaning of Section 101(14) ofCERCLA, 42

10    .S.C. 9601(14), and 40 C.F.R. § 302.4, including mercury, PAHs and lead, have been released

11 .nto Castro Cove from the Refinery.

12          9.       Castro Cove is a "facility" within the meaning of Section 101 (9) of CERCLA, 42

13    .S.C. § 9601(9), because it is a site "where a hazardous substance has been deposited, stored,

14   isposed of, or placed, or otherwise come to be located." 42 U.S.C. § 9601(9)((B).

15          10.      Plaintiffs have incurred costs in assessing damages to natural resources resulting

16 rom the releases.

17                                      FIRST CLAIM FOR RELIEF
                                (Natural Resources Damages Under CERCLA)

19          11.      Paragraphs 1 through 10 are realleged and incorporated herein by reference.

20          12.      Defendant Chevron is liable as a person that generated hazardous substances

21    d transported such hazardous substances to Castro Cove, under Section 107(a)(3) and (4) of

22   ERCLA, 42 U.S.C. § 9607(a)(3) and (4).

23         .13.      Pursuant to Section 107(a) ofCERCLA, 42 US.C. § 9607(a), Chevron is liable to

24 he United States and the People of the State of California ex reI. California Department ofFish

25    d Game for damages for injury to, destruction of, or loss of natural resources, including the

26   easonable costs of assessing such injury, destruction, or loss resulting from a release of

27   azardous substances from the Refinery to Castro Cove.


     .S. et al. v. Chevron U.S.A. Inc.               - 3-                         Complaint
 1                                SECOND CLAIM FOR RELIEF
                     (Damages Under California Fish and Game Code Section 12016)
 3          14.      Plaintiff, People of the State of California ex reI. California Department of Fish

 4    d Game ("CDFG"), refers to and incorporates by reference as though fully set forth herein each

 5    d every foregoing paragraph of this Complaint.

 6          15.      By virtue of the acts alleged above, Defendant discharged or deposited mercury,

 7   olycyclic aromatic hydrocarbons, and lead into the waters of the State.

 8          16.      Mercury, polycyclic aromatic hydrocarbons, and lead are substances or materials

 9   eleterious to fish, plant, bird, or animal life or their habitat within the meaning of Fish and

10    ame Code Section 12016(a).

11          17.      Plaintiff CDFG is informed and believes and based upon such information and

12   elief alleges that the mercury, polycyclic aromatic hydrocarbons, and lead for which Defendant

13 .s responsible has caused damage to fish, plant, bird, or animal life and their habitat.

14          18.      Defendant is liable under Fish and Game Code Section 12016 to the CDFG for

15   11 actual damages to fish, plant, bird, or animal life and/or their habitat.
16                                        PRAYER FOR RELIEF

17          WHEREFORE, Plaintiffs respectfully pray that this Court:

18          1.       Award Plaintiffs a judgment against the Defendant for all damages and

19   ssessment costs; and

20          2.       Grant the Plaintiffs such other relief as this Court may deem appropriate.


22                                                  Respectfully submitted,

25                                                  Assistant Attorney General
                                                    Environment and Natural Resources Division
26                                                  United States Department of Justice


     .S. et al. v. Chevron U.S.A. Inc.                -4-                           Complaint

 3                                       Trial Attorney
                                         Environmental Enforcement Section
 4                                       United States Department of Justice

 5                                       Attorneys for Plaintiff United States of America

                                         EDMUND G. BROWN JR.
 8                                       Attorney General of California

 9                                       MARY HACKENBRACHT
                                         Senior Assistant Attorney General
10                                       JOHN DAVIDSON
                                         Supervising Deputy Attorney General



                                         Attorneys for Plaintiff California Department of
15                                       Fish and Game











     .S. et al. v. Chevron U.S.A. Inc.    -5-                         Complaint

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