- Case
- Frye, et al. v. Martinez Refining Company LLC, et al.; Silvestri, et al. v. Martinez Refining Company LLC, et al.; and related cases
- Court
- U.S. District Court, Northern District of California
- Case number
- 4:24-cv-04506; 4:24-cv-08241
- Filed
- July 25, 2024 (Frye); November 21, 2024 (Silvestri)
- TORKLAW's role
- Plaintiffs' counsel, with co-counsel Cutter Law
- TORKLAW attorneys
- Reza Torkzadeh, Scott King
- Status
- Active Litigation
- Status verified
- October 1, 2026
The statements on this page about what happened are allegations from court filings or from public records. They are not findings by a court. The defendants have not been found liable.
- In July 2024, TORKLAW and Cutter Law filed a federal lawsuit against Martinez Refining Company LLC, part of PBF Energy, for residents and property owners near the Martinez refinery. TORKLAW is also involved in related lawsuits over the same releases.
- The lawsuit alleges repeated releases of toxic dust from the refinery, starting with a release of spent catalyst on Thanksgiving 2022.
- The claims include negligence, public and private nuisance, trespass, and strict liability for ultrahazardous activities.
- If you live or own property near the refinery and were affected, call us for a free review.
The releases at issue
- November 24–25, 2022. The refinery released up to 24 tons of spent catalyst, a metal-laden refining byproduct, which fell as dust on neighborhoods near the plant.
- July 2023. Petroleum coke dust that looked like soot covered the ground, cars and other surfaces in nearby areas.
- October 6, 2023. Another release of petroleum coke dust. The company attributed it to maintenance work.
- December 15, 2023. Contra Costa Health issued a health advisory for strong chemical odors that may have been linked to flaring at the refinery.
- December 17, 2023. A flaring event and a grass fire led to many air quality complaints. The Bay Area Air Quality Management District issued Notices of Violation.
- February 10, 2024. Coke dust was released during petroleum coke transport. Contra Costa Health sent a hazmat team.
What the lawsuit alleges
The lawsuits allege that these repeated releases harmed residents and property owners in the communities around the refinery, and seek to hold Martinez Refining Company accountable for them.
The July 2024 lawsuit asserts claims for negligence, public nuisance, private nuisance, premises liability, trespass, and strict liability for ultrahazardous activities.
"This lawsuit represents a crucial stand against corporate negligence," TORKLAW founder Reza Torkzadeh said when the case was filed. "The PBF Martinez Refinery has repeatedly compromised the health and safety of the community."
Investigations
Federal and local authorities have investigated the refinery. After the November 2022 release, the FBI and the U.S. Environmental Protection Agency opened an investigation. On December 26, 2023, Contra Costa Health and the Bay Area Air Quality Management District made a surprise inspection of the refinery. An independent consultant's report on the 2022 release pointed to operator overwork and manual operating errors, and recommended changes to process analysis, training and fatigue management.
Martinez Refining Company has not been found liable in these lawsuits. It will have the chance to answer the allegations in court.
Were you affected?
If you live, work or own property near the Martinez refinery and had dust on your property, breathing problems, or other harm after these releases, call TORKLAW for a free, confidential review. No fee unless we win.
Sources
- Frye, et al. v. Martinez Refining Company LLC, et al., U.S. District Court for the Northern District of California, No. 4:24-cv-04506, filed July 25, 2024. See the docket.
- Silvestri, et al. v. Martinez Refining Company LLC, et al., U.S. District Court for the Northern District of California, No. 4:24-cv-08241, filed November 21, 2024.
- "TorkLaw and Cutter Law file major lawsuit against Martinez Refinery for harm to communities around the refinery," PR Newswire, July 26, 2024.