Cota faces federal charges for oil spill
EPA files criminal complaint over environmental impact of SF Bay spill last year
Published: Thursday, March 20, 2008 at 3:00 a.m.
Last Modified: Wednesday, March 19, 2008 at 5:45 p.m.
The U.S. government is pressing charges against Petaluma bar pilot John Cota for his role in a container ship’s collision with the Bay Bridge last year, though his attorney said any legal action is premature until an investigation is complete.
The federal Environmental Protection Agency said Cota violated the Clean Water Act and Migratory Bird Treaty Act, misdemeanor charges that carry fines up to $115,000 and potential prison time of up to a year and a half.
The official filing by the government says Cota negligently caused harmful amounts of oil to spill from the 900-foot container ship Cosco Busan on the morning of Nov. 7.
Cota was onboard the ship in his role as a bar pilot, guiding ships through the waters of the bay. In heavy fog, the ship struck a tower of the Bay Bridge, causing 58,000 gallons of fuel oil to spill.
The oil washed up on beaches around the bay and killed an estimated 2,000 birds, including endangered species.
Federal prosecutors said Cota was negligent in “failing to pilot a collision-free course” and “departing port in heavy fog and then failing to proceed at a safe speed during the voyage despite limited visibility,” among other actions.
Cota’s attorneys have previously stated he was given incorrect readings of the ship’s navigational charts by the Chinese captain after the radar failed.
In a statement, attorney Jeff Bornstein called his client “a qualified, experienced pilot” and said charges should not have been filed before the National Transportation Safety Board concluded its investigation of the collision.
“We strongly believe that once all of the evidence is heard, a jury will find in Captain Cota’s favor,” Bornstein said.
(Contact Corey Young at corey.young@arguscourier.com)
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