Bill To Hold Oil Companies Presumptively Liable for Harms in Safety Zones Passes First Hurdle in the California Senate, Says Consumer Watchdog

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Apr 26, 2023, 14:13 ET

SB 556 will hold oil companies presumptively liable for causing cancer, asthma, preterm and high risk births for people living within 3200 ft of an oil well.

SACRAMENTO, Calif., April 26, 2023 /PRNewswire/ -- SB 556 — legislation that gives people who live near oil wells and have developed cancer, respiratory illnesses and birth defects the right to hold oil drillers liable for their illnesses — passed the California Senate Judiciary Committee in a 8 - 2 vote. SB 556 will now be heard by the Senate Appropriations Committee.

The legislation will hold the oil drillers presumptively liable for damages with minimum penalties of $250,000 and maximum penalties of $1 million. The presumption could be rebutted if the driller proved it used the best technologies to mitigate risk or that the illnesses were caused another way.

SB 556, authored by California State Senator Lena Gonzalez, builds on scientific evidence proving a direct link between drilling and these maladies, the same evidence that was used to enact SB 1137 (Gonzalez), which banned drilling in the 3200 foot "set-back" zone. Oil drillers qualified a referendum that put SB 1137 on hold until voters vote on it in November 2024. If SB 556 becomes law, it would further protect communities by making drillers liable for the harms they cause starting January 2024.

"One of my children suffered from multiple symptoms and it was scientifically proven that the toxic emissions from the oil industry was the cause," Monic Uriarte, co-founder of People Not Pozos, testified at the committee, explaining how her family lived within 30 feet of an oil well. "In 2020 she was diagnosed with stage two reproductive cancer at age of 19. She needed to choose between her life or her reproductive system, and I am sure she is not the only one. The oil industry poisons our lands, air, water and is killing people. When will it be enough?"

Uriarte's daughter Nalleli Cobo spoke out about her experiences in an OPED published in the Los Angeles Times on Monday, titled, "I grew up next to an L.A. oil well. California can protect others from what I went through."

The members of the Last Chance Alliance had these comments:

"We thank the Senate Judiciary Committee for seeing what we see: this bill is simply the logical thing to do. The evidence makes clear that living near oil drilling and the emissions it creates causes the illnesses in this bill; therefore, it only makes sense that we shift the presumption of liability from communities to owners and operators. Taking into account the fact that 3,200 ft setbacks are not yet settled law and California continues to issue permits within that zone and beyond, additional protections for those harmed by drilling are critical."
Maricruz Ramirez, Community Organizer, The Center on Race, Poverty & the Environment (co-sponsor of SB 556)

"Like the firearms industry in California, oil drillers need to be legally accountable when they don't use the best technologies to protect communities. Senators rightly voted to hold them to that same standard." Jamie Court, President of Consumer Watchdog (co-sponsor of SB 556)

"Fossil fuel executives have known for decades that their products wreck our climate and poison our communities. Instead of acting to protect public health and the environment, they've lied and spent millions of dollars to convince politicians to look the other way. It's long past time they're held accountable. We applaud Senator Gonzalez for her leadership in standing up to oil and gas bullies and urge the legislature to pass SB 556."
Woody Hastings, Phase Out Polluting Fuels Program Manager, The Climate Center

"Nearly two years ago, the Oil and Gas Public Health California Scientific Advisory Panel concluded with high level of certainty that living near oil and gas drilling sites, cause a significant increased risk of poor birth outcomes and poor respiratory outcomes. A Number of toxic chemicals released in the process of oil and gas operations, such as benzene, are recognized by the state of California to cause cancer. Children born near an active well site are two to three times more likely to be diagnosed with an aggressive form of cancer at a young age. Nearly 3 Million Californians live within 3200 ft from an operational well, majority of whom are people of color and a new study has shown that black residents are exposed to the most intense oil and gas operations. While big oil is pocketing record profits, Californians, particularly people of color and low income, are paying with their health and their lives. It's time to hold big oil accountable. It is time for California to put an end to environmental racism and prioritize public health."
Marjaneh Moini, MD Board Member, Physicians for Social Responsibility

"With Big Oil raking in $200 billion last year, it's high time for the industry to pay damages to those they have been hurting. For decades Big Oil operations have exposed people who live near oil and gas drilling to harmful pollution putting them at greater risk of developing several different types of cancer. Finally, people suffering from oil operation activities would be given a measure of justice as SB 556 would make oil drillers presumptively liable for illnesses linked to their operations within the setback zone of 3,200 feet. EOPA California thanks the Senate Judiciary Committee and all legislators who are standing with frontline communities to ensure SB 556 becomes law."
Ramona Cornell du Houx, Communications Director Elected Officials to Protect America (EOPA) — representing over 435 California elected officials

"With today's vote, legislators are joining California's frontline communities in saying enough is enough. It's time to hold fossil fuel operators accountable for neighborhood drilling and the harms that it perpetuates. We won't put working families on the hook for expensive medical bills any longer - not while Big Oil continues to make the problem worse."
Kobi Naseck, Coalition Coordinator, Voice Voices In Solidarity Against Oil In Neighborhoods, VISION

"The fossil fuel industry isn't just fueling the flames of climate change, it's bringing sickness and death into our homes. For over 100 years, oil wells and refineries have poisoned our air, land, water, and bodies. From respiratory illnesses and cardiovascular disease to high rates of cancer, our loved ones have paid the price while oil executives rake in record profits. We applaud Senator Gonzalez for championing SB 556 which will give communities the tools we need to finally hold fossil fuel companies accountable for the irreparable harm they do to our health."
Faraz Rizvi, Asian Pacific Environmental Network

"Making the oil industry pay for the cancer it causes is common sense. Oil companies put profit over people's health, so being presumed financially liable for poisoning communities may make them reconsider drilling near homes and schools. This bill is an important step toward ending dangerous oil and gas extraction across the state and creating a healthy, livable future for all Californians."
Hollin Kretzmann, Senior Attorney, Center for Biological Diversity's Climate Law Institute

SOURCE Consumer Watchdog