Martinez Tribune The website of the Martinez Tribune.
Martinez residents Alena Cruz and Shannon Payne, represented by law firm Cotchett, Pitre & McCarthy, filed a class action suit late yesterday seeking to represent all individuals who reside in the City of Martinez and the surrounding communities against the Martinez Refinery—including PBF Energy Inc., PBF Energy Western Region LLC, and Martinez Refining Company LLC.
Joe Cotchett, a partner at Cotchett, Pitre & McCarthy, the law firm representing the Plaintiffs, said: “After years of obfuscation and secrecy surrounding the refinery, finally the federal government, including the FBI, is looking into this extremely concerning situation.”
Lead Plaintiff Alena Cruz stated about the Refinery’s toxic chemical releases: “They never say what the problems are and what they are doing to correct them. We are afraid of what this dust is potentially doing to our children and their health; we don’t even know if it could cause cancer.” Ms. Cruz took out her vegetable garden recently over fears that the Refinery’s releases were contaminating her garden.
Lead Plaintiff Shannon Payne, a lifelong resident of Martinez, 4th generation Martinez citizen, and direct descendant of the founding “Martini” family, states, ” I am greatly concerned about the Refinery’s toxic releases. The only notice we ever received from the Refinery of the toxic release was when refinery representatives knocked on our door months after the November release and offered to pay $250 for replacement soil in my garden.” Ultimately, she stopped growing plants in her family garden rather than accept the Refinery’s offer.
Cotchett, Pitre & McCarthy’s Blair Kittle, lead attorney of the law firm representing the Plaintiffs, said, “Our clients are pursuing those responsible for toxic contamination of their community. As alleged in the complaint, the Refinery played a significant role in releasing toxic chemicals into the homes of nearly 40,000 people.”
The Residents’ suit against the owners of the Refinery stems from the Refinery’s release of petroleum coke dust, spent catalysts, and other toxic chemicals into the surrounding community going back to November of 2022 and July of 2023 and other previous times. The suit alleges that the Defendant owners have created a public nuisance by releasing toxic chemicals into local communities, doing potentially severe medical harm. The suit further alleges the failures of the owners of the Refinery to prevent toxic chemical releases and failures to properly notify residents, the government, and other stakeholders when toxic releases have occurred.
The suit demands that the owners of the Refinery pay for medical monitoring expenses for affected individuals to ensure that any potential negative health effects from the toxic releases are identified and treated. Only months after the Refinery released toxic chemicals into the surrounding community were local residents advised not to eat locally grown fruits or vegetables exposed to the November 2022 incident. The FBI and other local and federal agencies are investigating.
