Wrongful Death Lawsuit Filed as SoCalGas Faces Criminal Charges Over Porter Ranch Gas Leak
The Southern California Gas Company (SoCalGas) is under increasing legal fire over the catastrophic Porter Ranch gas leak. The embattled company, which is the primary provider of natural gas to Southern California, is facing potential criminal and civil charges, and now, its first wrongful death lawsuit.
Utility faces criminal charges after massive #PorterRanchGasLeak https://t.co/O80fPIFUel https://t.co/xHnRavQI8X— Mashable (@Mashable)1454465915.0
It's estimated that more than 92,000 metric tons of methane, a powerful climate pollutant, have escaped from the Aliso Canyon natural gas storage facility since the noxious leak was first reported on Oct. 23, 2015. On Jan. 6, California Gov. Jerry Brown declared the leak, which has forced the relocation thousands of residents, a state of emergency.
Los Angeles County District Attorney Jackie Lacey announced Tuesday that SoCalGas will face four misdemeanor criminal charges in connection with the gas leak: three counts of failing to report the release of hazardous materials from Oct. 23-26, 2015, and one count of discharging air contaminants, beginning on Oct. 23, 2015, to the present.
If convicted in the criminal case, SoCal Gas could be fined up to $25,000 a day for each day it failed to notify state authorities about the leak. An arraignment is scheduled for Feb. 17, Lacey's office said.
"While we recognize that neither the criminal charges nor the civil lawsuits will offer the residents of Los Angeles County a complete solution, it is important that Southern California Gas Co. be held responsible for its criminal actions," Lacey said in a statement.
Hours earlier, California Attorney General Kamala Harris joined a civil lawsuit filed by the county and city of Los Angeles against the utility.
“This gas leak has caused significant damage to the Porter Ranch community as well as our statewide efforts to reduce greenhouse gas emissions and slow the impacts of climate change,” Harris said. Photo credit: Wikipedia
Harris, who represents the California Air Resources Board, indicated in the lawsuit that the natural gas leak has caused a public health and statewide environmental emergency, which has sickened residents of Porter Ranch and compelled them to relocate.
“The impact of this unprecedented gas leak is devastating to families in our state, our environment and our efforts to combat global warming. Southern California Gas Company must be held accountable,” Harris said in a statement. “This gas leak has caused significant damage to the Porter Ranch community as well as our statewide efforts to reduce greenhouse gas emissions and slow the impacts of climate change. My office will continue to lead this cross-jurisdictional enforcement action to ensure justice and relief for Californians and our environment.”
The Attorney General seeks relief in the form of injunction, civil penalties and restitution.
"This action recognizes the impacts of this ongoing leak on our climate and ensures there’s accountability,” California Air Resources Board Chair Mary D. Nichols said in a statement.
Consumer Advocate Erin Brockovich voiced support for today's criminal charges. Brockovich, who has been working with the law firm Weitz & Luxenberg to seek compensation for affected residents, said, “I’m pleased to see the people of this community have finally been heard by the city. This crisis has been going on for months and it is high time SoCalGas is held responsible for its actions.”
#PorterRanch gas leak: Legal woes mount for Southern California Gas Company https://t.co/bP8pu0UjpQ https://t.co/KlD5UKBJ0M— CNN (@CNN)1454470166.0
Also on Tuesday, a Pasadena, California family filed a wrongful death lawsuit against SoCalGas on behalf of Zelda Rothman, 79, a longtime Porter Ranch resident who lived less than three miles from the leaking well.
The complaint against SoCalGas appears to be the first of its kind, according to the Los Angeles Daily News.
The complaint alleges that the leaking gas infiltrated Rothman's home and surroundings, exacerbating her fragile health. Rothman, who had already been suffering from lung cancer, died on Jan. 25.
"The gas replaced precious oxygen in the air that she breathed, causing her to suffer from difficult and labored breathing," according to the complaint. "As a result, she required the use of an oxygen tank twenty-four hours a day. The gas, and carcinogens within the gas, also weakened Ms. Rothman and caused intense headaches and migraines, among other symptoms. The gas leak deteriorated her health and ultimately hastened her death."
Rothman’s son, Michael Rothman, told the Daily News that he pursued the lawsuit because his mother told him she was certain she would be among the first in one of many casualties as a result of this gas leak.
“Southern California Gas Company’s decision to operate its inherently dangerous gas storage operation next to 30,000 residents of Porter Ranch without taking all reasonable steps necessary to prevent catastrophic gas leaks is unconscionable,” Pasadena trial lawyer Scott Glovsky, the lawyer for Rothman and her children, said in a statement. “Its decision has not only damaged the health and property values of thousands of Porter Ranch residents, it has hastened the death of Zelda Rothman.”
SoCalGas told CNN that they would respond to the state lawsuit "through the judicial process," but noted that the state lawsuit was the same one jointly filed by the Los Angeles City Attorney and Los Angeles County Counsel. The state lawsuit adds allegations of health and safety violations, the utility said.
As for the criminal charges, the company said: "We have just been notified of this filing, and we are still reviewing it. We have been working with regulatory agencies to mitigate the odors associated with the natural gas leak and to abate the gas leak as quickly as safety allows. We will defend ourselves vigorously through the judicial process."
SoCalGas has not yet issued a response to the wrongful death suit.
The company has apologized for the leak and said it is on its "fifth and final phase" in plugging the leak, the company announced on Jan. 25. SoCalGas added that the completion date is anticipated to be by late February, or possibly sooner, noting that drilling operations can still encounter delays.
Watch here to see the first aerial footage of the Aliso Canyon natural gas leak:
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2021 begins as a year of Mars. Although our red planetary neighbor isn't as prominent as it was last autumn, it is still noticeable with its characteristic reddish color in the evening sky until the end of April. In early March, Mars shines close to the star cluster Pleiades in the constellation Taurus.
A Landing Like a James Bond Movie<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUyOTIwMS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTY3MDU5MDQ2Nn0.aLE-s5r9YhoJs40XbavhUwUXdY97iykXqo0OO0S5eso/img.jpg?width=980" id="19fa1" class="rm-shortcode" data-rm-shortcode-id="c758d3cd0d3e11fbd5290bb95da86396" data-rm-shortcode-name="rebelmouse-image" data-width="700" data-height="394" />
NASA's Mars 2020 Perseverance rover (shown in artist's illustration) is the most sophisticated rover NASA has ever sent to Mars. Ingenuity, a technology experiment, will be the first aircraft to attempt controlled flight on another planet. Perseverance will arrive at Mars' Jezero Crater with Ingenuity attached to its belly. NASA<p>The highlight of this year's Mars exploration is the landing of the NASA rover "Perseverance" on February 18. Once the spacecraft enters the atmosphere it will be slowed down by friction. The heat shield will surpass 1,000 degrees Celsius. Later, parachutes will deploy to slow it down even more. Roughly two kilometers above the planet's surface, a sky crane comes into play. Four thrusters keep the crane properly oriented.</p><p><span></span>The rover is connected to the crane by nylon tethers. Upon approach of Mars' surface, the sky crane will lower Perseverance down about 7 meters. Once the rover has touched down, the tethers are cut and the sky crane flies off to land somewhere else on the surface.</p><p>Entry, descent and landing takes just seven minutes – the so-called seven minutes of terror. The flight team can't interact with the spacecraft on Mars. Experts have to sit and watch what's happening more than 200 million kilometers away. Radio signals from the spacecraft need about 11 minutes to travel in one direction. When the control center in Pasadena, California receives the message that entry has begun, Perseverance will already be on the ground. There is only one chance for a smooth landing. Any error could mean the mission is lost. The audacious sky crane maneuver would be a great feat in any action movie. But NASA knows how to do it – the Curiosity rover landed with a sky crane in 2012.</p>
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The Hubble Space Telescope has been orbiting the Earth for more than 30 years. NASA<p>The Hubble Space Telescope's images of planets, nebulae, star clusters and galaxies are legendary. The cosmic eye, launched in 1990, is likely to fail towards the end of this decade. The James Webb Space Telescope will be its successor. It is scheduled to launch on October 31 with a European Ariane 5 rocket from the Kourou spaceport in French Guiana.</p><p><span></span>The launch date is about 14 years later than planned when the project began in 1997. At almost $10 billion (€8.2 billion), the telescope is more than ten times as expensive as originally conceived. Its namesake James Webb was the NASA administrator during the height of the Apollo project in the 1960s.</p><p>Astronomers expect completely new insights from James Webb Telescope images, such as how the universe came into being, how it developed and how galaxies, stars and planets are formed. The instrument will observe the earliest childhood of the cosmos and photograph objects that already existed in the universe 200 to 300 million years after the Big Bang. James Webb, as the experts call the telescope for short, may even provide information about possibly inhabited exoplanets – planets like ours orbiting stars other than the Sun. </p>
A Sensitive German Camera<img lazy-loadable="true" data-runner-src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNTUyOTIxNS9vcmlnaW4uanBnIiwiZXhwaXJlc19hdCI6MTYxOTE0MzY3Mn0.o3aPaW5t0MFkEgeJl0HQ1V9lz6WDxKVGXyYWvpfoYyk/img.jpg?width=980" id="6ff49" class="rm-shortcode" data-rm-shortcode-id="187458ae2291c2aeb3bd36bc1ed777e0" data-rm-shortcode-name="rebelmouse-image" data-width="985" data-height="657" />
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Two Giant Planets in Northern Summer and Southern Winter<p>Venus, our other neighboring planet, will be behind the sun on March 26. It is not visible for the first few months of the year. From the end of April through Christmas, it will be visible as an evening star in the sky after sunset. The planet, shrouded in dense clouds, is the brightest object in the sky after the Sun and the Moon. The best visibility will be from September to December.</p><p>The giant planet Jupiter is in its best position of the year on August 20. It then shines in the constellation Capricorn, only disappearing from the evening sky at the beginning of next year. The ringed planet Saturn is also in the constellation Capricorn and can be observed particularly well on August 2. </p><p>Jupiter and Saturn are the stars of summer in the Northern Hemisphere and those of the long winter nights in the Southern Hemisphere. They are in the same area of the sky, almost forming a double star with Jupiter being the brighter of the two.</p>
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The Biden-Harris transition team identified COVID-19, economic recovery, racial equity and climate change as its top priorities. Rivers are the through-line linking all of them. The fact is, healthy rivers can no longer be separated into the "nice-to-have" column of environmental progress. Rivers and streams provide more than 60 percent of our drinking water — and a clear path toward public health, a strong economy, a more just society and greater resilience to the impacts of the climate crisis.
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Wild and Scenic Merced River, California. Bob Wick / BLM<p>Let's begin with COVID-19. More than <a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank">16 million Americans</a> have contracted the coronavirus and, tragically,<a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank"> more than</a> <a href="https://www.nytimes.com/interactive/2020/us/coronavirus-us-cases.html?name=styln-coronavirus&region=TOP_BANNER&block=storyline_menu_recirc&action=click&pgtype=LegacyCollection&impression_id=2f508610-2a87-11eb-8622-4f6c038cbd1d&variant=1_Show" target="_blank">300,000 have died</a> due to the pandemic. While health officials encourage hand-washing to contain the pandemic, at least <a href="https://closethewatergap.org/" target="_blank">2 million Americans</a> are currently living without running water, indoor plumbing or wastewater treatment. Meanwhile, <a href="https://www.theguardian.com/us-news/2020/jun/23/millions-of-americans-cant-afford-water-bills-rise" target="_blank">aging water infrastructure is growing increasingly costly for utilities to maintain</a>. That cost is passed along to consumers. The upshot? <a href="https://research.msu.edu/affordable-water-in-us-reaching-a-crisis/" target="_blank">More than 13 million</a> U.S. households regularly face unaffordable water bills — and, thus, the threat of water shutoffs. Without basic access to clean water, families and entire communities are at a higher risk of <a href="https://www.americanprogress.org/issues/green/news/2020/08/05/488705/bridging-water-access-gap-covid-19-relief/" target="_blank">contracting</a> and spreading COVID-19.</p><p>We have a moral duty to ensure that everyone has access to clean water to help prevent the spread of the coronavirus. Last spring, <a href="https://nymag.com/intelligencer/2020/03/coronavirus-stimulus-bill-explained-bailouts-unemployment-benefits.html" target="_blank">Congress appropriated more than $4 trillion</a> to jumpstart the economy and bring millions of unemployed Americans back to work. Additional federal assistance — desperately needed — will present a historic opportunity to improve our crumbling infrastructure, which has been <a href="https://www.theguardian.com/us-news/2020/jun/23/millions-of-americans-cant-afford-water-bills-rise" target="_blank" rel="noopener noreferrer">grossly underfunded for decades</a>.</p><p>A report by my organization, American Rivers, suggests that <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/07/09223525/ECONOMIC-ENGINES-Report-2020.pdf" target="_blank" rel="noopener noreferrer">Congress must invest at least $50 billion</a> "to address the urgent water infrastructure needs associated with COVID-19," including the rising cost of water. This initial boost would allow for the replacement and maintenance of sewers, stormwater infrastructure and water supply facilities.</p>
Economic Recovery<p>Investing in water infrastructure and healthy rivers also creates jobs. Consider, for example, that <a href="https://tinyurl.com/y9p6sgnk" target="_blank">every $1 million spent on water infrastructure in the United States generates more than 15 jobs</a> throughout the economy, according to a report by the Value of Water Campaign. Similarly, <a href="https://tinyurl.com/yyvd2ksp" target="_blank">every "$1 million invested in forest and watershed restoration contracting will generate between 15.7 and 23.8 jobs,</a> depending on the work type," states a working paper released by the Ecosystem Workforce Program, University of Oregon. Healthy rivers also spur tourism and recreation, which many communities rely on for their livelihoods. According to the findings by the Outdoor Industry Association, which have been shared in our report, "Americans participating in watersports and fishing spend over <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/06/30222425/Exec-summary-ECONOMIC-ENGINES-Report-June-30-2020.pdf" target="_blank">$174 billion</a> on gear and trip related expenses. And, the outdoor watersports and fishing economy supports over <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/06/30222425/Exec-summary-ECONOMIC-ENGINES-Report-June-30-2020.pdf" target="_blank">1.5 million jobs nationwide</a>."</p><p>After the 2008 financial crisis, Congress invested in infrastructure to put Americans back to work. The American Recovery and Reinvestment Act <a href="https://thehill.com/blogs/congress-blog/economy-a-budget/25941-clean-water-green-infrastructure-get-major-boost" target="_blank">of 2009 (ARRA) allocated $6 billion</a> for clean water and drinking water infrastructure to decrease unemployment and boost the economy. More specifically, <a href="https://www.conservationnw.org/news-updates/us-reps-push-for-millions-of-restoration-and-resilience-jobs/" target="_blank" rel="noopener noreferrer">an analysis of ARRA</a> "showed conservation investments generated 15 to 33 jobs per million dollars," and more than doubled the rate of return, according to a letter written in May 2020 by 79 members of Congress, seeking greater funding for restoration and resilience jobs.</p><p>Today, when considering how to create work for the <a href="https://www.bls.gov/news.release/pdf/empsit.pdf" target="_blank" rel="noopener noreferrer">10.7 million</a> people who are currently unemployed, Congress should review previous stimulus investments and build on their successes by embracing major investments in water infrastructure and watershed restoration.</p>
Racial Justice<p>American Rivers also recommends that Congress dedicate <a href="https://s3.amazonaws.com/american-rivers-website/wp-content/uploads/2020/07/09223525/ECONOMIC-ENGINES-Report-2020.pdf" target="_blank" rel="noopener noreferrer">$500 billion for rivers and clean water over the next 10 years</a> — not just for the benefit of our environment and economy, but also to begin to address the United States' history of deeply entrenched racial injustice.</p><p>The <a href="https://www.epa.gov/npdes/sanitary-sewer-overflows-ssos" target="_blank" rel="noopener noreferrer">23,000-75,000 sewer overflows</a> that occur each year release up to <a href="https://www.americanrivers.org/2020/05/fighting-for-rivers-means-fighting-for-justice/#:~:text=There%20are%20also%2023%2C000%20to%2075%2C000%20sanitary%20sewer,to%20do%20with%20the%20mission%20of%20American%20Rivers." target="_blank" rel="noopener noreferrer">10 billion gallons of toxic sewage</a> <em>every day</em> into rivers and streams. This disproportionately impacts communities of color, because, for generations, Black, Indigenous, Latinx and other people of color have been <a href="https://www.scientificamerican.com/article/flooding-disproportionately-harms-black-neighborhoods/" target="_blank" rel="noopener noreferrer">relegated</a> to live in flood-prone areas and in neighborhoods that have been intentionally burdened with a lack of development that degrades people's health and quality of life. In some communities of color, incessant flooding due to stormwater surges or <a href="https://www.ajc.com/opinion/opinion-partnering-to-better-manage-our-water/7WQ6SEAQP5E4LGQCEYY5DO334Y/" target="_blank" rel="noopener noreferrer">combined sewer overflows</a> has gone unmitigated for decades.</p><p>We have historically treated people as separate from rivers and water. We can't do that anymore. Every voice — particularly those of people most directly impacted — must have a loudspeaker and be included in decision-making at the highest levels.</p><p>Accordingly, the new administration must diligently invest in projects at the community level that will improve lives in our country's most marginalized communities. We also must go further to ensure that local leaders have a seat at the decision-making table. To this end, the Biden-Harris administration should restore <a href="https://www.epa.gov/cwa-401#:~:text=Section%20401%20Certification%20The%20Clean%20Water%20Act%20%28CWA%29,the%20United%20States.%20Learn%20more%20about%20401%20certification." target="_blank">Section 401 of the Clean Water Act</a>, which was undermined by the <a href="https://earthjustice.org/news/press/2020/tribes-and-environmental-groups-sue-trump-administration-to-preserve-clean-water-protections#:~:text=Under%20Section%20401%20of%20the%20Clean%20Water%20Act%2C,seeks%20to%20undermine%20that%20authority%20in%20several%20ways%3A" target="_blank">Trump administration's 2020 regulatory changes</a>. This provision gives states and tribes the authority to decide whether major development projects, such as hydropower and oil and gas projects, move forward.</p>
Climate Resilience<p>Of course, the menacing shadow looming over it all? Climate change. <a href="https://media.ifrc.org/ifrc/wp-content/uploads/2020/11/IFRC_wdr2020/IFRC_WDR_ExecutiveSummary_EN_Web.pdf" target="_blank">More than 100 climate-related catastrophes</a> have pummeled the Earth since the pandemic was declared last spring, including the blitzkrieg of megafires, superstorms and heat waves witnessed during the summer of 2020, directly impacting the lives of more than <a href="https://media.ifrc.org/ifrc/wp-content/uploads/2020/11/IFRC_wdr2020/IFRC_WDR_ExecutiveSummary_EN_Web.pdf" target="_blank">50 million people globally</a>.</p><p>Water and climate scientist Brad Udall often says, "<a href="https://www.youtube.com/watch?v=xQhpj5G0dME" target="_blank">Climate change is water change</a>." In other words, the most obvious and dire impacts of climate change are evidenced in profound changes to our rivers and water resources. You've likely seen it where you live: Floods are more damaging and frequent. Droughts are deeper and longer. Uncertainty is destabilizing industry and lives.</p><p>By galvanizing action for healthy rivers and managing our water resources more effectively, we can insure future generations against the consequences of climate change. First, we must safeguard rivers that are still healthy and free-flowing. Second, we must protect land and property against the ravages of flooding. And finally, we must promote policies and practical solutions that take the science of climate disruption into account when planning for increased flooding, water shortage and habitat disruption.</p><p>Imagine all that rivers do for us. Most of our towns and cities have a river running through them or flowing nearby. Rivers provide clean drinking water, irrigate crops that provide our food, power our homes and businesses, provide wildlife habitat, and are the lifeblood of the places where we enjoy and explore nature, and where we play and nourish our spirits. Healthy watersheds help <a href="https://news.un.org/en/story/2020/03/1059952" target="_blank" rel="noopener noreferrer">mitigate</a> climate change, absorbing and reducing the amount of carbon in the atmosphere. Healthy rivers and floodplains help communities adapt and build resilience in the face of climate change by improving flood protection and providing water supply and quality benefits. Rivers are the cornerstones of healthy, strong communities.</p><p>The more than <a href="https://archive.epa.gov/water/archive/web/html/index-17.html" target="_blank" rel="noopener noreferrer">3 million miles</a> of rivers and streams running across our country are a source of great strength and opportunity. When we invest in healthy rivers and clean water, we can improve our lives. When we invest in rivers, we create jobs and strengthen our economy. When we invest in rivers, we invest in our shared future.</p>
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