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.

LAWSUIT UPDATES:

December 2024: Federal Judge confirms plaintiffs’ claims against the refinery can proceed. View Judge’s order.
November 2024: Cutter Law has filed the claims of approximately 700 clients on eve of the two-year anniversary of the Thanksgiving Day 2022 release.

Plaintiff Frye

Plaintiff Saliba

Plaintiff Silvestri

Plaintiff Manning

Case Information Table

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Case	Date	# of Individual Clients Harmed
Frye, et al. v. Martinez Refining Company, LLC	July 25, 2024	18
Saliba, et al., vs. Martinez Oil Refining Company LLC, et al.	November 19, 2024	285
Silvestri et al., vs. Martinez Oil Refining Company LLC, et al.	November 21, 2024	195
Manning et al., vs. Martinez Oil Refining Company LLC, et al.	November 22, 2024	204

Lawsuit Overview

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.

Attorneys On The Case

Brooks Cutter

Jennifer S. Domer

Wesley M. Griffith

Client Stories

"The ash fell like snow flurries."

Ms. Saliba lives about a half mile from the refinery and was at a park near the refinery on Thanksgiving Day 2022 with her grandkids and family. They could smell the burning from the refinery as they ate and played. She was also present at her home for the July, October, and December 2023 events, and she recalls a strong gas-like scent permeating her home.

As a result of her exposures, Ms. Saliba has developed memory issues, brain fog, sore throat, coughing, itchy, watery, burning eyes, rash, hives, headaches, sinus pain, pressure, and eczema on eyelids, among other medical issues.

"Dust coating parked cars"

Ms. Redus, who is in her 30s, lived in a rental property approximately two miles from the refinery at the time of the 2022 Thanksgiving spent catalyst release. Shortly after the Thanksgiving release Ms. Redus began experiencing migraines and breathing difficulties that were so severe she now requires a CPAP machine. Ms. Redus’ minor son was also at home at the time of the release and was impacted by the incident.

Ms. Redus and her son were forced to move from their home in Martinez to Bay Point to escape the toxic conditions created by PBF Martinez.

"Contaminated property"

Ms. Cobbs lives about 2 miles from the refinery was present for the November 2022 spent catalyst discharge, as well as the July, October, and December 2023 events. For Ms. Cobbs, the repeated exposure has led to her developing lung cysts, and she has other significant breathing problems. The spent catalyst, coke dust, and noxious gases from the refinery have also contaminated her property, and decreased the value of her home.

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.

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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.

“The toxic dust from the refinery has devastated my health,” one Martinez resident said. “I'm now on oxygen 24/7. This lawsuit is about seeking justice and ensuring no one else suffers as I have.”

“The refinery's negligence has made daily life a struggle,” another resident stated. “We need this lawsuit to bring accountability and change.”

Get Your Free Case Review

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 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.

Insight From Cutter Law

“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.”

– Brooks Cutter

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.

News Coverage

A Rude Awakening, 94.1 KPFA (November 29, 2024).

Testimonials

This is a family owned business and extremely friendly. The whole crew is very profession and reputable. They are highly knowledgeable in their trade and bring a top level of expertise to any inquiry. I would highly recommend this Law firm. These are wonderful people and they will help you get the justice you deserve.

The staff are professional, responsive, and passionate about their clients. Highly recommend this law firm.

There's this thing about lawyers ... they often forget the first word in their title, Counselor at Law. Well, Margo Cutter practices the full spectrum of her profession. Though she has not represented me in litigation, I have benefited from her kind support and sound counsel regarding a traumatic injury I sustained due the negligence of others and the subsequent unbearable pursuit for justice. Thank you, Margo.

Their people were professional, thorough, and expressed true consideration in their deliverance. I highly recommend them to anyone.

CL took on my personal injury injury case without me needing to put in a retainer fee all while making sure I was prepared and on time for my court dates. You can always try submitting a case evaluation to see if they are the right attorneys for you before committing.

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Sacramento, CA 95864
Phone: 916-290-9400

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Cutter Law P.C.
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