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PARRIS Law Firm Reaches Multi-Million Dollar Settlement Over Sun Valley Gas Leak
After years of intense litigation, the PARRIS Law Firm has reached a settlement of $59,892,000.00 with the City of Los Angeles’ Department of Water & Power (LAWDP).
What Happened?
This settlement stems from a three-year ongoing gas leak at the Valley Generating Station in Sun Valley, California. Between 2017 and 2020, compressors at the Valley Generating Station had been continuously leaking methane. By 2020, it had become one of the top methane polluters in California.
Despite this ongoing leak, 1,699 days had passed before informing the nearby population, which LADWP’s General Manager reported that the people of Sun Valley has “to make somewhat of a sacrifice” by living so close to the station. This line of thinking guided LADWP’s decision to not inform the community or make adequate attempts to fix the leak.
Unfortunately, for the nearby residents, they had no idea they were being continuously exposed by this leak. They suffered nausea, dizziness, headaches, and rashes, leaving them confused about the cause. Residents in Sun Valley and the surrounding are uniquely vulnerable, and are often unable to purchase expensive air purifiers or relocate to a less toxic environment.
In August of 2020, the South Coast Air Quality Management District issued a Notice of Violation against LADWP “for failure to maintain compressors for natural gas fueled turbines in such a manner that ensures proper operation of the equipment.”
The Legal Battle
After filing the initial lawsuit, PARRIS Law Firm assisted the community in submitting nearly 1,300 Fact Sheets to prove the serious impacts of the gas leak, all of whom lived or worked around the Valley Generating Station.
PARRIS Law Firm also took the depositions of LAWDP’s most knowledgeable witnesses to discover the composition of the gas and the rate of the gas leakage. The testimony from these depositions demonstrated that the City never conducted any risk assessment of its own to determine where the wind would take the gas or what impact it had on nearby residents.
PARRIS Law Firm also collaborated with engineers, air modelers, and toxicologists to determine the degree of exposure experienced by the community. These experts also conducted a site inspection of the Valley Generating Station to calculate the leakage rate. While PARRIS attorneys worked to get answers for residents, LADWP and the City of Los Angeles resisted every step of the way.
Of the individuals who submitted a Fact Sheet, ten households were selected at random to proceed to an initial trial. However, rather than proceed with a protracted trial that would delay recovery even longer, the City of Los Angeles agreed to resolve the claims.
The Result
LADWP has agreed to pay up to $59,892,000.00 to settle all claims of victims of the Valley Generating Station gas leak who submitted a Fact Sheet.
At this time, only the total settlement amount has been approved by the City. Subject to certain conditions, the settlement money may be allocated among the plaintiffs who complied with the Court’s deadlines and in accordance with a protocol developed by neutral, independent allocators. This process will take time. Once it is completed, the plaintiffs will have an opportunity to review and approve the individual settlement offers in more detail.
"This remarkable settlement will bring much-needed relief and justice to these overlooked communities who were continuously poisoned for years. We are proud of the results and for holding the City accountable for this catastrophe," said R. Rex Parris. "Our litigation showed that LADWP put the Sun Valley community's health at risk, and we are grateful that the City is finally stepping up to provide residents with much-needed relief," said PARRIS attorney Patricia K. Oliver.
Our environmental law team is grateful that residents of Sun Valley and Pacoima are one step closer to finding closure.
Edison Could Be To Blame for Fairview Fire in Hemet
Fairview Fire Rages in Hemet, CA
Strong winds and high temperatures on Friday, Sept 9, fanned the flames of the Fairview Fire as it burned through more than 27,000 acres near Hemet, CA. With just 5% of the fire contained as of Friday morning, nearly 24,000 people have been evacuated from Hemet to Temecula.
Fire officials are hoping that rainfall expected over the weekend could dampen the blaze to allow the more than 2,100 crew members working the fire to get an upper hand. Numerous air tankers and 16 helicopters were deployed to fight the wildfire, which is so far the state’s largest of the season.
The Fairview Fire has so far consumed 12 homes and killed two people. More than 18,000 structures were threatened as of Friday morning, according to the LA Times.
As winds from Tropical Storm Kay are expected to reach more than 40 mph in some parts, fire officials warned flames could jump the fire lines, further increasing the size of this already deadly wildfire.
Flooding and mud slides could be another obstacle as fire crews continue battling on the front lines. The Riverside County Emergency Management Department warned of flash flooding and debris flows countywide through Saturday night.
Gov. Gavin Newsom on Thursday declared a state of emergency for Riverside County in addition to El Dorado and Placer counties where firefighters tried to contain the Mosquito Fire with little success so far.
Cause of Fairview Fire Not Confirmed
In a report filed by Southern California Edison with the California Public Utilities Commission on Monday, Sept 5, the utility company said its information reflected “circuit activity” close to the time and location the fire started. Often such reports are the first steps before a utility company accepts blame.
“Out of an abundance of caution, SCE submits this report as it involves an event that may meet the significant public attention and/or media coverage reporting requirement,” the report stated.
A spokesperson for Edison, Gabriela Ornelas, confirmed the report to The Press-Enterprise earlier this week but did not elaborate. The report was issued about four hours after the fire started.
A circuit activity could mean an arcing event, which happens when a power line contacts another piece of equipment on a power pole.
Utility Companies Often to Blame for Wildfires
Some of California’s most devastating wildfires were caused by investor-owned utility companies. In some cases, executives were criminally charged such as the case with PG&E officials following the Kincade Fire in April 2021.
Edison was blamed for the 2017 Thomas Fire in Ventura and Santa Barbara and the 2018 Woolsey Fire in Malibu. In the Woolsey Fire, Edison settled for $2.2 billion.
Utility companies have a responsibility to maintain key infrastructure and keep the brush clear beneath power lines in remote locations. Downed lines during high winds, and in some cases birds or metallic balloons, are known to spark fires. Experts say these wildfires are practically inevitable given the utility companies’ poorly-maintained power grid and their negligence in clearing the right-of-way.
A report by California’s state auditor earlier this year found that state officials failed to hold California’s electric utilities accountable. The state’s Office of Energy Infrastructure Safety approved wildfire prevention plans put forward by utility companies even though they were seriously deficient. Among them was PG&E, which was found responsible for sparking the Camp Fire in 2018 that killed 85 people marking the state’s deadliest.
Since 2015, power lines have caused six of California’s 20 most destructive wildfires, according to the report. Outdated equipment and uninsulated lines were mainly to blame.
Resources for Fairview Fire Evacuees
Parts of Riverside were under a flood watch and high-wind warning Friday, with gusts reaching up to 70 mph in the mountains.
For those in the Hemet and Temecula areas, an evacuation center is located at the Taquitz High School at 4425 Titan Trail in Hemet and at the Temecula Community Recreation Center at 30875 Rancho Vista Road. Here residents can seek shelter, gather needed supplies and meet up with loved ones.
For residents with large animals, they can board pets at the Riverside County Animal Shelter at 438 S. State Street in San Jacinto, and small animals can be taken to 601 S. State Street in San Jacinto.
For a map of the evacuation area, visit CAL Fire at Fire.Ca.Gov.
For the CAL Fire / Riverside County Fire Information Center, call (951) 940-6985.
Fairview Fire: How to Prepare Your Home in Case of Fire
There are three ways that a home is exposed to wildfire: by direct flames, radiant heat from nearby burning vegetation or structure, and flying embers. In some cases, a home fire could be sparked by a single ember traveling from miles away.
The most vulnerable parts of any home are the roof, chimney, overhanging eaves, vents, decks, fencing, and shrubs around the home. The goal is not to fireproof the property, but limit its ability to act as a fuel source. In some cases, due to lack of upkeep or certain building materials, a house could be more flammable than the forest around it.
Here are several things you can do as a homeowner to help protect your home in case of a wildfire. Most of these are tasks you should perform well ahead of time, but some are things you can do immediately.
- Build your roof with composition, clay, metal or tile. The roof is the most vulnerable part of the home due to its large surface area.
- Remove any vegetative debris from the side of the house. This is known as defensible space. In some areas most at risk, you might be required to maintain up to 100 feet of cleared ground from your house.
- Cover all vents with a metal mesh to prevent embers from entering the home.
- Install dual pane windows to reduce radiant heat and screens to keep embers out.
- Keep rain gutters clear so that dry tinder left behind does not ignite.
- Cover the chimney with a non-flammable screen.
- Close the fireplace flue as embers could land in the chimney igniting a fire.
- Have multiple hoses ready around the house. If you have a pool, get a water pump so that you can use the water to douse the house.
- Before evacuating, cover the house with water and soak the ground around the house as much as possible.
Fairview Fire Victims: Call PARRIS to Help
The PARRIS Law Firm has helped to recover substantial compensation for clients affected by wildfires, including the Woolsey Fire. Some lost everything – their homes burned completely to the ground without insurance – while others suffered smoke damage.
No matter the level of damage, no matter your level of insurance coverage, our wildfire attorneys are here to help.
Even if you have homeowners insurance but it did not cover the full cost of the damage to your property, you still may be able to seek compensation through a lawsuit.
There is no cost to you to pursue a case. We only get paid when we win.
Call the PARRIS Law Firm today if you or someone you know might need help working through the process. Our experienced wildfire attorneys who specialize in these types of cases can analyze your situation from the moment you contact your insurance company to make sure you receive the compensation you deserve.
Porter Ranch Lawsuit Update: New Hearing to Review Damages From Gas Leak
On July 9, 2019, the California 2nd District Court of Appeal unanimously ruled that victims of the worst gas well blowout in U.S. history are entitled to receive criminal restitution for SoCalGas’s failure to immediately report the leak. The case goes back to the trial court where victims will present evidence of the damages they suffered because of SoCalGas’s reporting delay.
The Court ruled “there was enough confusion about the scope of the sentencing hearing to warrant a new hearing on the issue of restitution only for damages occasioned by the three-day delay in reporting the leak.”
The decision also stated “because the scope of the restitution hearing was not settled in advance, we believe it fair (and within the spirit of Marsy’s Law) to remand for a further hearing to determine what, if any, damages were caused only by the three-day delay in reporting the leak to the proper authorities.”
This ruling comes shortly after the July 3 decision to set a trial date for the first wave of civil lawsuits against Sempra and SoCalGas, which is June 24, 2020.
A copy of the ruling can be found here.
Nearly 700 Porter Ranch Residents File Claims
With the help of PARRIS environmental lawyers, nearly 700 Porter Ranch residents filed claims against the State of California and local smog regulators. They claim that the state and the South Coast Air Quality Management District were negligent in their oversight of Southern California Gas’s underground gas storage field.
The lawsuit names the state Department of Conservation’s Division of Oil and Gas, alleging its leaders issued permits improperly to SoCal Gas.
The claims must be reviewed by the agencies, and if they are rejected, that clears the way for the residents and their lawyers to sue. They also name SoCalGas, alleging it failed to keep dozens of old gas wells in good repair.
Many of the same residents and agencies are already suing SoCalGas alleging other damages from the massive gas leak.
To read the full report click here.
SoCalGas Workers Exposed to Toxic Chemicals Causing Cancer
Longtime employee of the California Public Utilities Commission (CPUC), Kenneth Bruno, filed a lawsuit in Los Angeles Superior Court claiming Sempra Energy intentionally violated CPUC’s Rule 30, which prohibits natural gas from having any hazardous substances at concentrations that would present a health risk to employees or the general public.
Ken was assigned to monitor the capping of well SS-25 immediately after the Aliso Canyon gas well blowout. The lawsuit claims that Sempra Energy and SoCalGas knowingly exposed Ken to dangerously high levels of cancer-causing toxic chemicals such as benzene, radon, toluene, and formaldehyde, without properly warning or preparing him. Despite knowing the dangers, Sempra simply told Ken to wear “appropriate footwear and a hard hat” for the assignment, and never advised him to wear a respirator or personal protective equipment to prevent eye contact and limit skin exposure with the toxic chemicals.
The complaint also accuses Sempra executives of knowing that the pre-blowout benzene levels of the gas at Aliso Canyon exceeded 447ppm, and that if they gave Ken accurate information, he would be required to disclose it to thousands of people in the north San Fernando Valley. According to the complaint, Sempra and SoCalGas also strategically decided not to warn Ken that the average benzene levels before the blowout were 44 times higher than the 15-minute average allowed by CalOSHA.
Now, Ken suffers from a rare blood cancer called hairy cell leukemia, which is known to be caused by benzene exposure.
Ken was also in charge of hiring Blade Energy Partners to investigate the root cause of the blowout. According to the lawsuit, Sempra and SoCalGas tried to stop Blade from obtaining key evidence about the cause of the blowout by pouring cement into the underground piping and tubing of well SS-25. Luckily, Ken stopped Sempra and SoCalGas from following through with their plan because this would have destroyed vital evidence in the investigation. The investigation ultimately determined that SoCalGas failed to properly monitor and maintain the Aliso Canyon gas storage facility for more than 40 years.
PARRIS Law Firm attorney, R. Rex Parris, said, “exposing Ken to outrageously high levels of known toxins is a criminal act, which is why we’re filing assault and battery charges against Sempra and SoCalGas. It’s time for Sempra to fess up to the life-threatening dangers Aliso Canyon poses to its employees and the public at large. They’re gambling with people’s lives, and it has to stop.”
Porter Ranch Gas Leak Lawsuit Settles for $1.8 Billion
After an intense, six-year legal battle, the PARRIS Law Firm, together with Panish, Shea & Boyle and plaintiffs’ counsel, settled with Southern California Gas Company (“SoCalGas”) and its parent company, Sempra Energy, for $1.8 billion.
This settlement, and the numerous discovery sanctions imposed by the court, hold Sempra and SoCalGas accountable for the Aliso Canyon Gas Well Blowout and their repeated misconduct throughout this litigation.
What Happened
On October 23, 2015, SoCalGas employees discovered natural gas spewing from well SS-25 at the Aliso Canyon Gas Storage Facility. The unprecedented leak unleashed methane, methyl mercaptan, and aromatic hydrocarbons into the air around the facility, sickening residents of nearby Porter Ranch. Residents experienced a range of symptoms, including nausea, headaches, severe bloody noses, and exacerbated health conditions. Schools were closed, and thousands of families requested temporary relocation.
The leak continued for 118 days before SoCalGas was able to plug the well. All told, nearly 100,000 tons of methane and other gases were released into the atmosphere.
SoCalGas and Sempra Energy continue to deny any wrongdoing.
The Legal Battle
Following the disaster, 35,717 individuals from Porter Ranch filed claims against SoCalGas for personal injury and property damage due to the gas leak.
The road to justice has not been easy. Throughout the litigation process, SoCalGas, Sempra Energy, and their counsel were sanctioned over $5.7 million for violating the discovery process. The court reprimanded the defendants for wrongfully withholding over 150,000 documents.
In February 2020, the court awarded $525,610 in sanctions against the defendants and their counsel, writing that their discovery violations were “willful, intentional and in bad faith.”
The Result
Sempra and SoCalGas will pay $1.8 billion to settle all personal injury claims for victims of the Aliso Canyon Gas Well Blowout. All told, the defendants will have been held accountable for $2.35 billion worth of damages.
Subject to certain conditions, the settlement money will be allocated among the plaintiffs in accordance with a protocol developed by neutral, independent allocators.
Together with the plaintiffs’ attorneys from other law firms, PARRIS released a statement regarding the settlement:
“Our goal has always been obtaining justice for the men, women, and children who were failed by SoCalGas throughout every turn of this catastrophe. This settlement, and the numerous discovery sanctions imposed by the court, hold Sempra and SoCalGas accountable for the Aliso Canyon blowout and their repeated misconduct throughout this litigation.”
As this long, difficult chapter comes to an end, we are grateful that residents of Porter Ranch will finally have closure.
Read more of this story from ABC7 and the Los Angeles Times.
Read more about how PARRIS fights for victims of toxic torts and gas leaks.
