Remarkable Verdict on Oil Spill

A long-running government lawsuit resulting from the Huntington Beach oil spill nearly eight years ago has resulted in a jury verdict that is remarkable. It is that for its assessment of what a beach closure means to the public.

Orange County’s worst environmental disaster occurred on Feb. 7, 1990, when the American Trader tanker ran over its own anchor while attempting to moor 1.3 miles off Huntington Beach. Various settlements in a complicated civil suit that have come in during recent years resulted in millions being allocated for the restoration of wildlife. But Attransco, owner of the tanker, was not among those settling. The state elected to go to trial.

An award by an Orange County jury of $18.1 million in damages and fines, two-thirds for lost recreational use of beaches and harbors, actually had a jury considering what it cost to spend a day at the beach. (Their finding: $13.19.) Robert Klotz, a U.S. Department of Justice environmental attorney, said this particular case was significant because it was “probably the first time someone has tried and taken to judgment beach closures.”

While Attransco’s lawyer was troubled by the lack of specificity in the verdict’s assessment of injury to particular individuals, the case established the importance of lost recreational use to the public, and experts said it could well give the government additional leverage in settling future oil spill cases.

Although an appeal is possible, state and local officials now face the difficult choice of choosing between a number of worthy beach-related projects to be paid for with the money. Selecting between new restrooms, improved trails, beach improvements and the like may be difficult, but it is a nice problem to have. Already, the spill has created the funding for the Wetlands and Wildlife Care Center in Huntington Beach.

The spill also helped speed passage of a state oil spill act and creation of the state Office of Oil Spill Prevention and Response. Legislation in Washington required the phase-in of double-hulled tankers in U.S. waters. The upshot of all the litigation is an affirmation of what was readily apparent to anyone smelling the oil in the ocean breeze immediately after the spill: The waterfront is a priceless resource requiring care and vigilance.