Martinez Refining Company Toxic Chemical Lawsuit
For years, the Martinez Refining Company has been exposing the residents of Martinez and nearby communities to toxic chemicals that are released from its oil refinery. On July 25, 2024, local residents fought back with a lawsuit filed by Cutter Law and Tork Law.
Filed in federal court in California, the lawsuit includes claims of negligence, public and private nuisance, premises liability, trespass, and strict liability for ultrahazardous activities against Martinez Refining. Federal and local authorities have launched investigations into the refinery’s practices and the potential effects of the chemical releases on the surrounding community.
Four major chemical release events occurred between November 2022 and December 2023 because of the refinery’s internal failures. However, the refinery did not take corrective measures and delayed reporting the incidents as required by law. Residents and property owners are now seeking compensation for personal injuries and property damage from those discharges. They are also seeking a court order declaring that Martinez Refining’s ongoing operations constitute a public and private nuisance.
Timeline of Chemical Releases at Martinez Refining Company
The Martinez Refining Company has a history of discharging toxic chemicals into the neighborhoods surrounding its refinery. These releases resulted in health issues for residents and environmental degradation, contaminating the soil and water in the area.
Over the past year and a half, the Martinez Refining Company has dumped chemicals into the local environment on at least four specific dates. Residents living near the refinery may have had immediate health reactions like trouble breathing, nausea, fatigue, brain fog, and lung damage from inhaling the heavy metals and other chemicals in the discharge. The long-term effects of this exposure are still unknown, but affected individuals could be at a higher risk of developing cancer, organ damage, birth defects and other genetic problems.
The following is the timeline for the four chemical releases:
November 2022 - Spent Catalyst Release
- Timeframe: Six hours starting at approximately 8:30 p.m. on November 24, 2022
- Response failure: Martinez Refining did not alert authorities or the public.
- Incident: A catastrophic equipment failure caused the release of 24 tons of spent catalyst dust. This event was classified as a major chemical accident.
- Aftermath: Visible dust in Martinez contained high levels of heavy metals.
July 2023 - Coke Dust Release
- Timeframe: Approximately 8:30 a.m. on July 11, 2023
- Delayed Report: Not reported for almost two hours
- Aftermath: Coke dust was visible in surrounding neighborhoods.
- Health effects: Residents reported exposure symptoms.
October 2023 - Coke Dust Release
- Timeframe: Approximately 10:30 to 11:00 a.m. on October 6, 2023
- Aftermath: Coke dust was visible in surrounding neighborhoods.
- Health effects: Residents reported exposure symptoms.
December 2023 - Sulfur Dioxide and Hydrogen Sulfide Release
- Timeframe: Began at approximately 9 a.m. on December 15, 2023
- Delayed Report: Not reported for over an hour.
- Aftermath: 7.75 tons of sulfur dioxide were released. This significant flaring event exposed residents to noxious gases.
- Health effects: Level 2 indicates risk to those with breathing issues.
Health Effects of the Toxic Chemicals Released
Spent Catalyst:
- Exposure may cause an allergic skin reaction.
- It is toxic if inhaled, triggering allergy or asthma symptoms.
- It is suspected of causing genetic defects and cancer.
- It is suspected of damaging fertility or harming unborn children.
- It causes organ damage—particularly to the lungs and respiratory system—with prolonged or repeated exposure.
Coke Dust:
- Once inhaled, particles can affect the heart and lungs and cause serious health effects.
Sulfur Dioxide:
- It is toxic if inhaled.
- If it comes in contact with the eyes, adverse symptoms may include pain, watering, and redness.
- If it comes in contact with the skin, adverse symptoms include pain, irritation, redness, and blistering.
Hydrogen Sulfate:
- Exposure may cause irritation to the eyes and respiratory system.
- It can also cause apnea, coma, convulsions, dizziness, headache, weakness, irritability, insomnia, and upset stomach.
Do I Qualify for Compensation from Martinez Refining Company?
If you or a loved one were in Martinez during the time of the refinery’s chemical dumps and developed health problems, you may be eligible to sue. You may also seek compensation if your property was damaged.
To qualify for compensation from Martinez Refining, you must meet one of the following criteria:
- You were living or working near the refinery at the time of one of the releases and have experienced new or worsening health symptoms after one of the releases
- You owned property in the area damaged by at least one of the releases.
How to File a Lawsuit Against Martinez Refining Company
If you suffered harm from any of Martinez Refining Company’s chemical releases, gather any available evidence, like medical records and water quality reports. Additionally, consult with the Oakland personal injury lawyers at Cutter Law. We can analyze your case, determine your eligibility, investigate, and prepare the necessary documents to file your lawsuit.
When a company is negligent and causes harm to others, it is liable for any resulting damages. Contact Cutter Law for a free case review to start building your case.
“We are committed to holding the PBF Martinez Refinery accountable for its repeated toxic releases. Our goal is to achieve not only compensation for the victims but also meaningful changes in refinery operations to prevent future harm.”
Protect the Martinez Community and Contact Cutter Law Today
At Cutter Law, we have extensive experience fighting large corporations and recovering significant compensation for our clients in both individual lawsuits and major class actions. We’re ready to hold Martinez Refining Company accountable for the persistent environmental violations that have harmed local residents. Not only do we seek to make the community whole, but we also aim to prevent future chemical dumps.
As a small, family-owned personal injury law firm, we understand how one person’s serious injuries can affect the entire family. Our attorneys aim to safeguard community health, environmental integrity, and corporate responsibility, and we’re ready to fight for the compensation you deserve for your injuries and damages.
Contact Cutter Law today for a free case evaluation with no obligation.
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