Petition updateBan Oil/Gas Fracking in San Luis Obispo County, CA & underground pipeline in Nipomo, CA.Classact /Mass Tort Lawsuit

Kim ChaffeeCupertino, CA, United States
Mar 21, 2018
First of all, Residents who live in Pismo Beach, Arroyo Grande, San Luis Obispo, Nipomo and Santa Maria are far more than 180,121 families and 1/8 are impacted by the offensive odor, noise, greenhouse gases, emissions, aesthetic, truck traffic, leachate runoff, economic consideration and water/ land contamination to one degree or another from Price Canyon Oil Field and Phillips 66 Refinery.
All families eligible for a proposed class action / mass tort claim lawsuit against the County, Cities, and Oil Field Industries can opt-out if they want, when we find a civil right and tort attorney.
However we objected to being ignored, denied our constitutional rights and lack of transparencies from the County, Local Cities, and the Oil and Gas Industry.
Secondly, We will ask that settlement mandates that if residents who do nothing will be automatically included in the class. This will guarantee the settlement having a high percentage of OPT-IN, which is unfair to residents who do not know there is a class action settlement available to them.
Public awareness campaigns is vital for getting the word out there.
Residents who live in 1.5 miles of Oil Field according to the feedback from residents, 85% of them do not know about the potential oil contamination on the city water, water wells and land. And the potential notice of proposed class action lawsuit and settlement.
Therefore to be fair, they should be automatically included in the potential lawsuit/ settlement, not excluded. Of course the Civil rights and Tort Attorney will decide in the end what is fair or not.
Thirdly, It will potential be documented in the lawsuit that the house values within 3 miles of the Oil Field and Refinery are devalued by 5%. The average house value is around $430K to 5 million and the devaluation amount is $31,000 and more.
The attorney fees, plaintiffs settlement costs and etc. We can’t compensate for the lost at this moment, because of the unknown variables needs to be considered, not to mention any penalty that should be added to the top of the compensation tally sheets.
Fourthly, There is no option of objection and opt out, so residents only can use the option of opting out @ to show their objection.
According to feedback from residents, they would like to do a class-act lawsuit/ and settlement in the near future.
Fifthly, The only way to solve that problem is to remedy the water and land contamination, stop pending permits for extension and expansion of new oil wells and the underground pipeline project must be stopped in its tracks permanently.
Set up a fund for an independent 3rd party evaluation for the residents concerns and make a date with the EPA to have a COMPREHENSIVE / EVALUATION of the ENTIRE OIL FIELD on Price Canyon Road and Phillips 66 Refinery.
1. The Oil Field/ Refinery has been a number one odor source which contributes 95% of offensive odor.
2. We ask the County and EPA to disapprove and withdraw the application for the Extension and Expansion and the underground pipeline project.
3. The Oil Field and Refinery have been polluting our community for a long, long time, they keep on generating offensive odor, noise, greenhouse gases, emissions, aesthetic, truck traffic, leachate runoff, economic consideration and water/ land contamination by violating CEQA (The California Environmental Quality Act, EPA
( Environmental Protection Agency) Department of Toxic Substance Control and California Department of National Resources guidelines.
4. It is time to retire these agencies violations against the people, land and animals in order to protect human health, animals and the environment. We are strongly opposing it expanding and increasing oil wells and the underground pipeline project.
5. We want complete transparently on the Nipomo City Park underground pipeline project and the alleged royalties that the County and local Cities will receive for future years. Not to mention, it will force people to sell they homes at decreased value. We reject the underground pipeline project anywhere in San Luis Obispo County.
6. Our residents need clean air, clean water, and non- toxic beautiful land. Please allow us to return to our residents a home, where they can open their windows to breathe fresh air and where kids can play outdoors, without holding their breath. The Oil Field and Refinery need to focus on the large number of violations that have been going on for years/decades.
7. My water smells like bleach and sewage and I can't get the City to test my water for contamination that are regulated by the EPA and according to the EWG"S Tap Water Database in Pismo Beach there is (7) contaminants detected above health guidelines which cause cancer.
The top 7 cause cancer that are coming from the Industry
(oil field) and treatments byproducts:
1. Bromodichloromethane
2. Chloroform
3. Dibromochloromethane
4. Dichloroacetid Acid
5. Radiological Contaminants
6. Total Trihalomethanes (TTHMs)
7. Trichloroacetic Acid
8. & other Detected Contaminants are:
1. Bromoform
2. Chromium (total)
3. Dibromoacetic Acid
4. Haloacetic Acids (HAA5)
5. Monobromoacetic Acid
6. Monochloracetic Acid
7. Vanadium
Enough is Enough! It's time to think about the people that live near these Oil Fields and Refineries, help them get their life back without constant fear of getting cancer or other illnesses and forced to move.
1) Definition of public nuisance: Under California law, a public nuisance is defined as a nuisance which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal. See Cal. Civ. Code § 3480.
Thus, anything which is injurious to health, or is indecent, or offensive to the senses, or an obstruction to the free use of property, So as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a public nuisance. See Cal. Penal Code § 370.
2) If the Distance between the nuisance odor source: To existing residential, recreation, commercial, and industrial developments is less than 3 mile, it would be considered as a significant impact.
CEQA Guidelines (Dec 1999. Page 18)
The EIR (Environmental Impact Report) identified that the nearest residence is located about 0.4 miles away from the Oil Field and Refinery.
3) It is a wrong direction for environmental protection to expand an extension the Oilfield and Underground Pipeline Project with a history of both companies violating safety guidelines, regulation, and laws.
For generations, we have tolerated this nasty water and odor, airborne bacteria and odor, dangerous chemicals within 1 to 5 miles of both Oil Fields and Refinery.
Note:
Here's what to do to Opt-Out:
1. How do I get out of this class act settlement?
2. To exclude yourself from the class action settlement, you must send a letter by First Class U.S. mail to the Class Counsel that contains the following statement: “I WANT TO BE EXCLUDED FROM THE SETTLEMENT IN THE CLASS ACTION LITIGATION.”
3. You cannot exclude yourself on the phone or by e-mail. Be sure to include your full name, address, telephone number, signature, and the date.
4. When we find an Civil Rights and Tort Attorney their name will come forward and you can contact them about your individual case.
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