People v. Plains All American Pipeline, LP

Filed 5/2/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim Nos. B315256,

B316508)

Plaintiff and Appellant, (Super. Ct. No. 1495091) (Santa Barbara County) v.

PLAINS ALL AMERICAN

PIPELINE, L.P.,

Defendant and Respondent.

2d Crim. No. B317229 VICTIM RESTITUTION (Super. Ct. No. 1495091) CLAIMANTS, (Santa Barbara County)

Petitioners,

v.

THE SUPERIOR COURT OF

SANTA BARBARA COUNTY,

Respondent;

PLAINS ALL AMERICAN

PIPELINE, L.P., et al.,

Real Parties in Interest. Environmental crimes have far-reaching impacts on the community and can result in complex restitution determinations. Here we hold restitution cannot be denied based on mediated civil settlements or a class action lawsuit, and that persons seeking restitution have the right to make oral impact statements to the court. Nevertheless, we conclude the trial court properly denied restitution to fishers for catches reduced by an oil spill where the loss to each was not established. We also conclude oil platform workers and businesses whose income…