Contact: Basil Seggos for Riverkeeper, 914.478.4501
Eric Demby for Borough President Marty Markowitz, 718.802.3832
Evan Thies for Councilmember David Yassky, 917.715.9265
Jerel Klue for Councilmember Eric Gioia, 718.809.1910
Anna Zak for Senator Martin Dilan, 718.573.1726
Paige Cowett for Assemblyman Vito Lopez, 718.963.7029

January 25, 2007—Today in Brooklyn, the allied co-plaintiffs of Riverkeeper, local activists, and elected officials announced the initiation of a new legal action against ExxonMobil over the massive 17-million gallon Greenpoint Oil Spill. The co-plaintiffs are currently suing ExxonMobil in federal court over the spill. The co-plaintiffs now allege that ExxonMobil is discharging toxic chemicals into Newtown Creek from two pipes without required federal Clean Water Act permits. The company once had proper Clean Water Act permits. But in 2005, ExxonMobil requested that the state Department of Environmental Conservation terminate the permits and instead give the company coverage under an “equivalency” program. This equivalency has been in effect for more than a year.

“Every day that ExxonMobil discharges pollutants out of these pipes, it is in violation of federal law,” said Riverkeeper President Alex Matthiessen. “The state’s equivalency program as applied here allows the company to avoid many critical provisions of the Clean Water Act, such as periodic five-year reviews. There\'s very little that is equivalent about this program. The so-called equivalency is open-ended, provides no opportunity for public comment, and fails to prevent dangerous chemicals from being discharged into the Creek.

“Instead of using their $38 billion in profits to clean up one of the biggest oil disasters in history, ExxonMobil is adding to the problem by dumping carcinogens into Newtown Creek,” said Brooklyn Borough President Marty Markowitz. “This company’s continued disregard for the health of Brooklynites and the environment of all New Yorkers is a downright disgrace, and we’re tired of their slick evasive tactics. To the oil barons down in Texas, we say ‘Don’t mess with Brooklyn!’\"

“New evidence that ExxonMobil is actually exacerbating the dangerous pollution at Newtown Creek is nothing short of reprehensible,” said City Councilmember David Yassky, who represents Greenpoint. “ExxonMobil must once and for all take responsibility for this terrible ecological disaster. Every day they operate so callously, Brooklyn waterways become more polluted. This spill is a crime against the environment, and it must be remedied. We hope that the State government does everything in its power to end this environmental nightmare.”

\"Putting toxic water into the creek after running it through a few pipes simply adds insult to injury,\" said City Councilmember Eric Gioia, who represents the Queens neighborhoods of Woodside, Sunnyside, Long Island City, Astoria, and Maspeth. \"ExxonMobil continues to pollute our land and water, and show an absolute disregard for the people of Brooklyn and Queens. Newtown Creek should be the Gold Coast of our boroughs, but we can\'t reclaim our waterfront until they take responsibility for this spill and clean up their mess.\"

\"For more than 50 years, many of my constituents in Greenpoint have been sitting on a toxic oil spill that has yet to be fully acknowledged by those who are responsible, let alone completely cleaned up,” said new co-plaintiff State Senator Martin Dilan. “Thus, today I am thrilled to announce that I will be joining in the initiation of a new lawsuit. I truly hope that this new legal action will bring long awaited justice to the residents of Greenpoint.\"

“At every turn, ExxonMobil has sought to avoid its obligations under federal and state environmental law,” said new co-plaintiff State Assemblyman Vito Lopez. “Greenpoint deserves better treatment from Big Oil, and if it doesn’t come voluntarily, we’ll get a court to order full and aggressive compliance. I am honored to be a new plaintiff in this case and look forward to the day that New Yorkers can be proud of Newtown Creek.

ExxonMobil operates these outfalls as part of its underground oil spill recovery system in Greenpoint. To extract the oil, the company uses a dual well system. A deeper well pumps out dirty groundwater to create a cone of depression. A shallower well then removes the oil floating atop the groundwater. The dirty groundwater is then partially treated by facilities on Meeker Avenue and Kingsland Avenue before being discharged into Newtown Creek from two separate pipes. More than 100 million gallons of wastewater is discharged from these outfalls each year.

The treatment system does not sufficiently remove contaminants from the groundwater. Pollutants being discharged include benzene, tetrachloroethylene (PCE), trichloroethylene (TCE), and vinyl chloride, all known or suspected carcinogens and hazardous pollutants. These pollutants are impairing the recovery of the badly polluted Newtown Creek, considered one of the dirtiest waterways in the nation.

The Notice of Intent to Sue is the first step in initiating a citizen suit under the Clean Water Act. After the required 60-day waiting period, co-plaintiffs will file a case in federal court. Co-plaintiffs aim to force ExxonMobil to obtain a Clean Water Act permit and pay penalties amounting to $32,500 for each day of unpermitted discharges—the maximum allowed by law. Riverkeeper’s first case against ExxonMobil was filed in 2004 in the Federal District Court for the Eastern District of New York. That case alleged violations of the Clean Water Act and Resource Conservation and Recovery Act but did not allege violations from the outfalls. That case is currently in the discovery phase of litigation before Magistrate Judge Levy.

The law students of the Pace Environmental Litigation Clinic, supervised by Professor Daniel Estrin, Esq., represent co-plaintiffs Riverkeeper, Bill Schuck, Laura and Mike Hoffman, Teresa Toro, and Rolf Carle. The Clinic can be reached at 914.422.4343. Matthew Brinckerhoff of the firm Emery Celli Brinckerhoff & Abady represents the elected officials co-plaintiffs. He can be reached at 212.763.5000.

For more information about the Greenpoint Oil Spill and to obtain a copy of
the new Notice of Intent to Sue, please visit www.riverkeeper.org.