Judge orders seizure of ship in oil spill

A judge has ordered the carrier ship Summer Wind be seized. Seafood-related businesses are suing the owner of the vessel, which on March 22 collided with a barge causing oil to leak into the Houston Ship Channel. less A judge has ordered the carrier ship Summer Wind be seized. Seafood-related businesses are suing the owner of the vessel, which on March 22 collided with a barge causing oil to leak into the Houston Ship ... more Photo: Billy Smith II, Staff Photo: Billy Smith II, Staff Image 1 of / 1 Caption Close Judge orders seizure of ship in oil spill 1 / 1 Back to Gallery

GALVESTON - A federal judge on Friday ordered the seizure of the bulk carrier Summer Wind, which collided with a barge and spilled nearly 170,000 gallons of oil into the Houston Ship Channel.

U.S. Magistrate Judge John R. Froeschner signed a warrant ordering U.S. marshals to seize the Summer Wind at Wharf 21 in the Port of Houston.

"We are trying to prevent the vessel from leaving the jurisdiction," said attorney Sean O'Rourke, who filed a lawsuit two days after the March 22 collision on behalf of 10 seafood-related businesses claiming to be harmed by the spill. "The owner does not have a registered agent, so there is always a risk that it could leave."

The 585-foot bulk carrier is owned by the Greek company Cleopatra Shipping Agency LTD. O'Rourke said the ship may be the only asset his clients can recover if they win their lawsuit.

The U.S. Coast Guard ordered the ship to anchor in the Gulf of Mexico immediately after the accident to be available to investigators, but it moved into the port Friday to repair collision damage to the bow so it can take on cargo, O'Rourke said.

O'Rourke said he sought the order as soon as the ship docked in the Turning Basin, where it could be seized.

Attorney Dimitri Georgantas, who represents Cleopatra Shipping, said, "The issue of the arrest (seizure) will be resolved by Monday," but declined further comment because of the lawsuit and Coast Guard investigation into the cause of the collision.

Typically a ship is seized when the warrant is handed to the ship's captain, attorneys said. O'Rourke said the ship's owner will be required to post a bond set by the court.

The owner of the tugboat, Kirby Inland Marine LP, is also named in the lawsuit that seeks designation as a class action.

The lawsuit said the oil spill had a "wide and devastating effect on Galveston Bay, the Gulf of Mexico and the people who use and depend on it."

A portion of the oil was blown into the Gulf of Mexico and drifted south to the Matagorda Island area. More than 100 vessels and 1,000 people are involved in cleanup efforts expected to continue for several weeks.