MOSS LANDING — Despite testing from the county and corporations saying there is no risk to public health, many Monterey County residents near and around the site of the Moss Landing Battery Plant fire have shared concerns about the aftermath.
A group of Monterey County residents filed a lawsuit in Alameda County against several companies for damages following the large fire at the Moss Landing Battery Plant on Jan. 16.
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The complaint filed by Singleton Schreiber, LLP, names Moss Landing Power Company, Vistra Corp., Dynegy Operating Company and LG Energy Solution among others as being negligent and liable for hazardous activities.
“The Moss Landing Battery Energy Storage System Facility used lithium nickel manganese cobalt oxide batteries that are more prone to thermal instability than newer alternatives like lithium-ion phosphate batteries,” the lawsuit alleges.
The lawsuit also claims that Vistra had an outdated water suppression system that failed to put out the January fire, and had too many batteries in one enclosed space.
The complaint is being filed in Alameda county because the group claims PG&E is partly responsible for the damages as the company oversees parts of the Vistra plant.
Singleton Schreiber and Erin Brockovich held a town hall meeting Tuesday, to answer questions about the lawsuit and how others can file for damages.
Brockovich is a consumer advocate and environmental activist who was famously instrumental in building a case against PG&E involving groundwater contamination in 1993. The successful suit was the subject of the Oscar-nominated film “Erin Brockovich” in 2000, starring Julia Roberts as Brockovich
The Moss Landing lawsuit is not considered a class action, but a mass tort – a group of lawsuits filed under a similar claims.
Many of the questions centered around if there were any risks to public health, and how people could try to use their own soil and water samples. Residents complained about shortness of breath, a metallic taste in their mouth and not being able to get their blood tested at local hospitals.
The attorneys advised people to continue speaking up, and pushing for testing if they feel a risk to their health.
“Be your own best advocate,” said Knut Johnson, senior counsel for Singleton Schreiber. “Go to your doctor and tell them you’ve been exposed to the smoke and heavy metals, you want to be tested, and you want your insurance to pay for it. The more people that advocate, the better.”
