Jury convicts on 1 felony out of 3 in oil spill trial

A Santa Barbara County jury found a pipeline company guilty on one felony and eight misdemeanors Friday in connection with a 2015 oil spill on Refugio State Beach.

The jury hung on two other felonies and one misdemeanor against Plains All American Pipeline.

Originally facing 46 counts, a defense team from Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC; Munger, Tolles & Olson LLP; and Fell, Marking, Abkin, Montgomery, Granet & Raney LLP was able to get 37 charges dismissed.

The most serious conviction was a felony charge of knowingly engaging or causing the discharge of approximately 140,000 gallons of crude oil onto the beach and into the ocean.

The jury hung on two other, similar felony charges, and one misdemeanor charge of causing the death of a pelican. Plains was found not guilty of causing the death of a dolphin it originally was charged with. People v. Plains All American Pipeline LP, 1495091 (Santa Barbara Super. Ct., filed May 16, 2016).

The company still faces a class action related to the spill.

The criminal verdict came after a grueling four-month trial in which four jurors were dismissed for various reasons, including one for talking to a prosecutor, who was also banned from the courtroom. Superior Court Judge James Herman had expressed concerns about a mistrial, saying he was determined that would not happen.

Both sides expressed satisfaction with the outcome. The prosecution team from the attorney general’s and district attorney’s offices included Supervising Deputy Attorney General Brett Morris, Deputy Attorney Generals Dennis Beck and Olivia Karlin and Deputy District Attorney Kevin Weichbrod.

District Attorney Joyce Dudley said in a news release, “Santa Barbara County is frequently referred to as Paradise. The visual crown jewel of our paradise is our beaches and mountains. This spill killed our marine life, harmed not just our beaches and ocean but also our businesses. She added that the prosecutors “were relentless in seeking justice for our people, our animals and our environment; they deserve our deepest appreciation.”

Sentencing is scheduled for Dec. 13. The company said in a statement, “Plains is pleased … in particular, that the jury did not find any knowing misconduct by Plains with respect to the operation of Line 901. Of the nine counts of conviction, eight were misdemeanors, consisting of one count relating to a 25-minute delayed reporting and seven counts under California’s strict liability misdemeanor statutes (six animal takings counts and one discharge count).”