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Advocate sues ExxonMobil over oil in Newtown Creek

By Matthew Monks

Riverkeeper Inc.'s lawsuit, filed May 12 in federal court, charges that the oil company failed to mop up a 17 million gallon spill oozing into Newtown Creek, a 3.5-mile waterway dividing the two boroughs, investigator Basil Seggos said.

“It's twice as much oil as was released by the Exxon Valdez,” Seggos told a news conference last Thursday at City Hall, referring to the 1989 tanker accident in Alaska that dumped 11 million gallons into Prince William Sound.

“This suit aims to reverse what is more than half a century of neglect,” Seggos said.

The Newtown Creek spill, which is spread over 55 acres beneath Greenpoint, Brooklyn, originated in the 1940s and 1950s from a series of leaks on property owned by the Standard Oil Company of New York, which became Mobil. Exxon's parent company was Standard Oil of New Jersey.

In 1990 Exxon entered a consent agreement with the state Department of Environmental Conservation to clean up the mess and set out pumps and containment booms along the creek.

Riverkeeper, which cruises New York City waterways looking for environmental infractions, said the agreement was inadequate because it failed to set a timetable and rigorous standards.

Seggos said the spill continues to seep into the creek, collecting in grimy pools along the Brooklyn shore.

“Our suit aims to end this discharge in Newtown Creek,” he said. “It's affecting our waterways. It's affecting the people who use our creeks.”

An Exxon spokesman called the suit “unfounded” and said the company has excavated 50 percent of the spill.

“We take our environmental responsibilities very seriously and have been active and aggressive in our cleanup efforts,” said Brian Dunphy, the spokesman.

He said a chemical analysis of the seepage showed that it came from another company's refinery.

“Even though we are not responsible for these releases, as a service to the community ExxonMobil has unilaterally proceeded with cleaning up and containing this seepage,” Dunphy said.

He pointed out that the plume is so deep underground that it poses no health or safety dangers to the community.

It is a claim that two city councilmen who plan to file a similar suit in September fiercely denied.

“This is one of the biggest environmental catastrophes in our country,” said Councilman David Yassky (D-Brooklyn). “If an oil-spill of this magnitude happened today, the eyes of the world would be on ExxonMobil.”

Councilman Eric Gioia (D-Astoria) described the spill as “a crime in progress” and said his fellow plaintiffs were ready for the drawn-out legal battle ahead.

“This is David vs. Goliath,” Gioia said. “Remember, David won then. David can win now.”

Reach reporter Matthew Monks by e-mail at news@timesledger.com or call 718-229-0300, Ext. 156.