Cuomo Files Lawsuit Against ExxonMobil Over Brooklyn Oil Spill
Attorney General Andrew Cuomo is suing the ExxonMobil Corporation to force it to clean up a 17 million gallon oil spill in Brooklyn's Newtown Creek, increasing the pressure to resolve what Mr. Cuomo is calling "one of the worst environmental disasters in the nation's history."
The suit, filed in federal court in the Eastern District of New York yesterday, calls for ExxonMobil to speed up its oil cleanup operation, determine the extent of environmental contamination in the area, and restore the creek, a 3.5 mile long waterway between Queens and Brooklyn. The suit is not seeking a specific amount of money in damages.
It does, however, note that the world's largest oil company is liable for penalties of up to $25,000 a day for violating the Resource Conservation and Recovery Act and up to $25,000 a day for violating the Clean Water Act, in addition to being liable for other penalties and clean-up costs. If charged, the penalties would be paid to the federal government. "This company cannot ignore the harm its oil spill has caused to the environment and residents of Greenpoint, Brooklyn," Mr. Cuomo said. "With today's action, we will hold ExxonMobil accountable for the damage it has created. This suit sends the message that even the largest corporations in the world cannot escape the consequences of their misdeeds."
A spokesman for ExxonMobil, William Wood, said the allegations made by Mr. Cuomo are unfounded.
"ExxonMobil takes its environmental responsibilities very seriously, and our policy is to comply with all applicable environmental laws and regulations. ExxonMobil will respond to the complaint and vigorously defend against the suit initiated by the New York State attorney general," he said. The company has removed more than 9.5 million gallons of petroleum products from the creek, including gas, heating oil, and lubricants, Mr. Wood said.
"While more needs to be done, we have made significant progress," he said. He added that there is no evidence the underground plume poses any threat to the health of people who live and work nearby.
In 1978 the Coast Guard discovered at least 17 million gallons of oil underground in Greenpoint, which it considered the result of an oil tank explosion at a former Standard Oil depot, a predecessor of Exxon. Mr. Wood disputed the contention, saying no single event caused the oil plume.
He said the oil built up over the course of 150 years, coming from multiple refineries operating along the creek.
The suit does not mention the explosion, but says Exxon is responsible for discharging more than 17 million gallons of pollutants into the soil, groundwater, wetlands, and surface waters. The Exxon Valdez spilled 11 million gallons of oil in Alaska in 1989.
Mr. Cuomo's lawsuit comes three years after a nonprofit environmental group focused on the Hudson River and its tributaries, Riverkeeper, sued ExxonMobil in federal court over the spill. City Council members David Yassky and Eric Gioia, and the president of Brooklyn, Martin Markowitz, later joined the suit.
Two other suits brought by Brooklyn homeowners were subsequently filed in state court against the oil company.
The chief investigator at Riverkeeper, Basil Seggos, said Mr. Cuomo's stance represents a dramatic turning point in the environmental group's case because the state is acknowledging the severity of the problem and will bring money, power, and legal resources to bear against the company.
Mr. Yassky said Mr. Cuomo is "riding to the rescue like the cavalry." He scoffed at the company's remark that no evidence exists of public health risks near the creek. "When you've left 17 million gallons of oil under the ground, the burden of proof is on Exxon to show there isn't health damage," he said. "There's been no serious research to show there is health damage, but that's because it's an expensive project no one has been willing to undertake."
Mr. Gioia said in a statement that Newtown Creek "should be the Gold Coast of our boroughs, but we can't reclaim our waterfront until they take responsibility for this spill and clean up their mess."
In February, Mr. Cuomo's office alerted ExxonMobil and four other companies that it intended to sue them to force a cleanup of the creek. Yesterday's lawsuit, assigned to a federal district judge, Carol Amon, is against the Exxon-Mobil Corporation and Exxon-Mobil Refining and Supply Company.
