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Fri, 2014-09-12 14:00Connor Gibson
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Coal Lobbyist Jeff Holmstead Disqualified by Federal Judge in Ameren Pollution Lawsuit

Originally published on PolluterWatch

Jeff Holmstead, perhaps the nation's prime example of a revolving door lobbyist, was dismissed by a federal judge as an expert witness in a lawsuit brought by the U.S. Environmental Protection Agency against Ameren Missouri, a coal burning utility.

In an ongoing case, the EPA has charged Ameren with violating the Clean Air Act by not installing appropriate pollution controls at one of its coal plants. The Sierra Club has since sued Ameren, “alleging 7,880 air quality violations at three coal-burning power plants since 2009,” according to the St. Louis Post-Dispatch.

Judge Rodney Sippel granted U.S. Justice Department's request to remove Holmstead as a witness, confirming that the lobbyist's history at U.S. EPA posed “multiple conflicts of interest.” Here's the judge's motion to dismiss Jeffrey Holmstead, citing Holmstead's use of his EPA experience to undermine EPA's pollution enforcement actions (emphases added):

Mr. Holmstead’s legal opinions are irrelevant, speculative, and inadmissible.” […] “By his own description, Mr. Holmstead’s testimony relies on his recollection of EPA “internal meetings” that he says are relevant to the issues to be tried in this action. Such internal communications are privileged and confidential and Mr. Holmstead may not rely on his recollection of them to testify against EPA. Moreover, Mr. Holmstead received other privileged information concerning the issues about which he now seeks to testify on behalf of Ameren, and participated in power-plants enforcement cases related to this one while at EPA. Before he left EPA, he even personally provided a declaration for EPA that is at issue in this and other related power-plants enforcement cases asserting privilege claims on behalf of EPA over documents that are relevant to the opinions he now seeks to offer. Yet he now seeks to change sides and testify against EPA. Moreover, he was assisted in the preparation of his report by another former EPA attorney who was involved in the early stages of the investigation that ultimately led to the filing of this case. For the reasons discussed in the accompanying Memorandum, Mr. Holmstead should not be allowed to testify in this matter due to his multiple conflicts of interest.

This is a notable blow to Mr. Holmstead's credibility, who touts his time at EPA to obscure his lobbying to protect polluters from public accountability.

Mon, 2014-08-25 13:58Farron Cousins
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BP Wins Big In Offshore Oil Drilling Lease Auction

For all of his administration’s tough talk on protecting our environment, President Obama doesn’t seem to have any problem increasing the nation’s dependence on dirty energy.  Earlier this year, the Obama administration announced plans to open up an astounding 112 million acres of the Gulf of Mexico for oil and gas exploration, setting a bidding war in motion for some of the worst environmental offenders in America.

It should come as no surprise then to find out that the big winner in the lease auction earlier this month was BP, the main culprit behind the 2010 Deepwater Horizon oil rig explosion and oil leak in the Gulf of Mexico. 

The Bureau of Ocean Energy Management (BOEM) put 21.6 million acres up for auction, with area blocks ranging everywhere from 9 miles offshore, to 250 miles offshore.  Overall, the auction brought in close to $110 million, with as much as 90 million acres still waiting to be auctioned off.

BP bid on a total of 31 lots, and was successful in winning 27 of those lots, more than any other energy company.  The company had previously been barred from bidding on new oil and gas exploration leases following the 2010 Macondo well blowout, but that ban was lifted in March of this year.

Many of the areas that the company won are for deepwater exploration, an unpleasant scenario for areas of the Gulf Coast still reeling from the company’s 2010 disaster.

But the British oil giant BP plc has very little to fear with their new leases, even if another blowout were to occur, and that’s the part of the story that has been routinely missed by the media. 

Thu, 2013-01-31 15:26Farron Cousins
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Record Fines For BP In Gulf Disaster Deal

After a ruling earlier this week by a federal judge in New Orleans, BP now holds the record for the largest criminal penalty in U.S. history.  The penalty, totaling $4 billion, is strictly related to the criminal conduct of the company that led to the 2010 Deepwater Horizon oil rig explosion and oil leak into the Gulf of Mexico.

As part of the deal, BP agreed to plead guilty to a total of 14 counts of criminal conduct, which includes charges of felony manslaughter. However, as CNN.com points out, the charges are against the company, not any individuals involved, so prison time for those responsible will not be part of the deal.

The $4 billion criminal penalty does not affect the settlement deals for the victims along the Gulf Coast, nor does it include any environmental fines for the company. Those are separate cases that are still being worked out, and will result in several billions more in financial penalties for the company.

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