Cosco Busan Oil Spill - Responsibility

Responsibility

Senator Barbara Boxer and San Francisco Mayor Gavin Newsom criticized the Coast Guard for its response, as its initial reported figures, between 100 to 400 USgal (380 to 1,500 L) of oil, were significantly lower than those of the actual spill.

On Friday, November 30, 2007, the United States government filed a lawsuit against the ship and the pilot.

On July 23, 2008, a federal grand jury indicted Fleet Management Ltd of Hong Kong, the company that operated Cosco Busan. The indictment included six felonies for allegedly falsifying documents to interfere with a federal investigation and two misdemeanor counts of criminal negligence for allegedly helping to cause the spill. The company offered to plead guilty to the misdemeanors. This federal criminal case was resolved when Fleet paid $10 million in fines and restitution. $8 million went to a victim/witness fund and $2 million went to the National Fish and Wildlife Foundation to be used for environmental projects in the Bay Area.

On October 23, 2008, the California state Board of Pilot Commissioners released a report, saying the spill was the result of a series of mistakes by the maritime pilot Captain John Cota. The 18-page report found Cota had made seven serious errors in piloting the ship, including failing to correctly read an electronic chart on the ship, sailing in fog so thick that he could see only 200 feet ahead and sailing at an unsafe speed. Cota faced seven federal charges for spilling oil and killing federally protected birds.

On March 6, 2009, Cota negotiated a plea agreement with prosecutors to federal water pollution and migratory bird killing charges. The agreement called for him to serve two to ten months in prison and included a fine between $3,000 and $30,000. On July 10, he was sentenced to 10 months imprisonment.

On September 19, 2011, federal, state, and local agencies announced a final comprehensive civil settlement for $44.4 million. It included the following:

  • $32.2 million for natural resource damages (to be spent on restoration projects)
  • $1.25 million for state penalties.
  • $10.9 million for unpaid government response and assessment costs

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