Spill

Sun, 2014-01-19 16:34Farron Cousins
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West Virginia Polluter Freedom Industries Files For Bankruptcy To Halt Lawsuits

Freedom Industries, the company that recently leaked thousands of gallons of toxic chemicals into the Elk River in West Virginia, quietly filed for bankruptcy this past Friday to shield themselves from the onslaught of lawsuits filed against the company.

The current owner of Freedom Industries, J. Clifford Forrest, took control of the company about a week before the chemical spill occurred, and only a week later filed for bankruptcy.  According to the filing, the company owes more than $3.6 million to creditors (a fact that was known when Forrest bought the company in late December). 

What Forrest couldn’t have known at the time was that he was sitting on a time bomb, and that his newly purchased company had been skirting safety regulations and vital equipment upgrades in an effort to save a few bucks in the short term. 

The company is now facing an investigation by the U.S. Department of Justice, in addition to at least 20 separate lawsuits from residents. The number of lawsuits is expected to rise, as the chemicals spill is estimated to have poisoned at least one-sixth of West Virginia’s entire water supply.

But Forrest isn’t the victim in this case. His decision to file for bankruptcy protection had nothing to do with the prior debts that the company owed, and everything to do with preventing the millions of dollars his firm will be forced to pay out in lawsuit settlements. The bankruptcy filing will effectively temporarily “stay” the lawsuits, which prevents any payments from being made.

Forrest knew this, and this is why he had his company file bankruptcy. But this doesn’t mean that the company is no longer in business. To the contrary, Raw Story has revealed that Forrest is also the owner of a brand new firm called Mountaineer Funding LLC, which is funding the company to the tune of $5 million (more than enough to handle their current, non-lawsuit liabilities). So the liabilities of Freedom Industries can be handled by Forrest’s funding firm, as can the daily operations, but the lawsuits are now being held in limbo since Freedom Industries is technically “bankrupt.”

Sat, 2014-01-11 09:57Farron Cousins
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Coal Chemicals Taint Water Supply of 300,000 In West Virginia, Hundreds Sickened

Early Thursday, a chemical spill along West Virginia’s Elk River contaminated the tap water of as many as 300,000 West Virginia residents across nine West Virginia counties. The chemical spill occurred at a storage facility for Freedom Industries less than two miles from a major water treatment plant.

Freedom Industries produces chemicals that are used widely in mining and steel production.

The leaking storage tank contained the chemical 4-Methylcyclohexane Methanol which is used to “treat” coal supplies before they are shipped for burning. According to ThinkProgress, the chemical “severe burning in throat, severe eye irritation, non-stop vomiting, trouble breathing or severe skin irritation such as skin blistering.”

According to the West Virginia Department of Environmental Protection (DEP), between 2,000 and 5,000 gallons of the toxic chemical made its way into the water supply. 

Residents in the area were immediately warned to stop using tap water, out of fear that the chemicals could severely harm anyone who consumed them. Chemical levels have fallen in the two days since the spill, but the ban remains in effect as the levels in the water are still far too dangerous for residents.

As of Friday, according to The Guardian, at least 670 people had called into the poison control center with reports of vomiting, nausea, skin irritation, and other symptoms. 

Wed, 2013-12-18 05:00Sharon Kelly
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Despite Flaws, Pennsylvania Regulators Fast Track FirstEnergy Coal Ash Disposal Plans

Across the U.S., the shale rush has unleashed a frenzy of excitement about domestic energy supplies.

But the oil and gas produced from fracking comes along with billions of gallons of wastewater and tons of mud and rock that carry radioactive materials and heavy metals.

As problems with disposal mount, the industry has offered mostly vague promises of “recycling” to describe how the waste will be handled over the long run.

As the nation gears up to produce vast amounts of shale oil and gas — and the toxic waste that comes along with it — it’s worth taking a look back at the failures of another industry to handle its toxic waste responsibly — the coal industry. 

Communities across America are still struggling to resolve problems left behind decades ago from coal mining and related industrial pollution.

These aren’t merely yesterday’s problems – the ash from burning coal at coal-fired power plants remains the single largest wastestream in the U.S.

Sat, 2013-11-09 11:44Sharon Kelly
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Coast Guard Proposal to Allow Barges to Haul Fracking Wastewater Draws Fire From Environmentalists

The U.S. Coast Guard released plans that would allow wastewater from shale gas to be shipped via barge in the nation’s rivers and waterways on October 30 — and those rules have kicked up a storm of controversy. The proposal is drawing fire from locals and environmentalists along the Ohio and Mississippi rivers who say the Coast Guard failed to examine the environmental impacts of a spill and is only giving the public 30 days to comment on the plan.

Three million people get their water from the Ohio River, and further downstream, millions more rely on drinking water from the Mississippi. If the Coast Guard's proposed policy is approved, barges carrying 10,000 barrels of fracking wastewater would float downstream from northern Appalachia to Ohio, Texas and Louisiana.

Environmentalists say a spill could be disastrous, because the wastewater would contaminate drinking water and the complicated brew of contaminants in fracking waste, which include corrosive salts and radioactive materials, would be nearly impossible to clean up.

The billions of gallons of wastewater from fracking represent one of the biggest bottlenecks for the shale gas industry.

States atop the Marcellus shale are brimming with the stuff. Traditionally, oil and gas wastewater is disposed by pumping it underground using wastewater disposal wells, but the underground geology of northeastern states like Pennsylvania makes this far more difficult than in states like Texas, and Ohio has suffered a spate of earthquakes that federal researchers concluded were linked to these wastewater wells. The volumes of water used by drillers for the current shale gas boom are unprecedented.

Fri, 2013-11-01 12:37Steve Horn
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Revealed: Never Before Seen Photos of Tesoro Fracked Oil Spill in North Dakota, Pipeline Restarted Today

A month after over 865,200 gallons of oil spilled from Tesoro Logistics' 6-inch pipeline near Tioga, North Dakota, the cause of the leak is still largely unknown to anyone but Tesoro. The pipeline resumed operations today.

Carrying oil obtained via hydraulic fracturing (“fracking”), the controversial horizontal drilling method used to capture oil and gas found embedded in shale rock basins worldwide, the Bakken Shale pipeline spill on September 29 was the largest fracked oil spill in U.S. history. Oil spill experts say the spill may be even bigger than originally estimated. 

Yet few details of what caused the spill - and how to prevent it from happening again - have arisen in the month since it occurred. 

The U.S. Department of Transportation's Pipeline and Hazardous Materials Safety Administration (PHMSA) believes a lightning strike may have created the quarter inch hole in the pipeline, leading to the spill

PHMSA says it will carry out a rigorous investigation into the cause of the spill, but allowed the restart after Tesoro agreed to the agency's safety order mandating aerial monitoring of the pipeline over the next three days during the restart and then weekly for the next year, along with 20 other things.

The safety order also mandates Tesoro provide a documented updated within six months indicating how it enhanced its control room monitoring, instructs Tesoro to finish the final mechanical and metallurgical testing report of the failed pipe within 30 days and dictates that within “90 days complet[ion of] a root cause failure analysis for the Line that contains a detailed timeline of events.”

Documents obtained by Greenpeace USA under North Dakota's Open Records Statute show the oil has settled over 12 feet below the ground layer of the soil. The oil that settled on the surface was burned off.   

“At 10-12 feet below surface, there is a extensive clay layer that underlies the entire hill top,” Kris Roberts, Environmental Response Team Leader for the North Department of Health's Division of Water Quality, explained in an October 3 field report.

Tue, 2013-09-24 06:00Farron Cousins
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An Orchestrated Cover Up Of Exxon's Pegasus Pipeline Spill Health Hazards?

Nearly six months have passed since ExxonMobil’s Pegasus tar sands pipeline ruptured and released as much as 7,000 barrels of diluted bitumen into Mayflower, Arkansas.  And as soon as the company realized that they had a problem, the cover up began.

From the outset, there has been a clear effort on behalf of Exxon to mislead and deceive the public about the effects that the tar sands spill will have on both the environment and public health.  As a result, the population in Mayflower is suffering at an unprecedented rate from mystery illnesses that can be linked back to exposure to tar sands crude.

Just like BP during the Deepwater Horizon oil gusher, Exxon attempted to deceive the public about how much oil had actually been spilled.  The company claimed that the amount was somewhere between 3,000 and 4,000 barrels.  But a report by Inside Climate News, based on numbers from the U.S. EPA, said that the actual number was closer to 7,000 barrels.  However, the EPA refused to correct Exxon’s numbers and did not include the agency’s own estimates in their press releases, instead choosing to parrot the bogus numbers asserted by Exxon.

That was just the beginning of Exxon’s plan to mislead both the public and the federal government.  The major problem the company knew it would face would be the health impacts on residents, so Exxon has done everything in its power to prevent the truth from leaking out.  (Those kinds of leaks are easier to prevent.)

Sun, 2013-06-02 08:04Farron Cousins
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Legal Headaches Begin For Exxon Over Pegasus Pipeline Rupture

Residents in Mayflower, Arkansas, the site of the recent Pegasus tar sands pipeline rupture, have filed suit against pipeline operator Exxon for health issues and property damage that have arisen since the spill.

Those affected by the pipeline’s spill have complained of numerous, though mild, health problems including headaches, nausea, and breathing difficulties.  While these symptoms are relatively mild, it should be noted that it has only been a month since the spill, and more severe problems are likely to creep up in the coming months.

The main concern is that the neurotoxins and carcinogens within the tar sands, particularly those contained in the diluted bitumen (dilbit), will plague the residents for years to come.

Mon, 2013-04-08 11:37Farron Cousins
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As Their Oil Floods Arkansas Neighborhoods, Exxon Wins National Safety Award

Isn't this the definition of ironyThe National Safety Council (NSC) honored Exxon Mobil with an award for “comprehensive commitment to safety excellence” at the same time that Exxon's Pegasus pipeline spewed an estimated 84,000 gallons of tar sands crude through the yards of residents in Mayflower, Arkansas. 

From The Huffington Post:

“It is evident that ExxonMobil is committed to excellence in safety, security, health and environmental performance,” said NSC president Janet Froetscher, who presented the award to ExxonMobil CEO Rex Tillerson. “The Council is honored to recognize ExxonMobil with the Green Cross for Safety medal. This organization is a wonderful example of the role corporations can play in preventing injuries and saving lives.”

Not only should the recent spill have caused the NSC to hesitate about giving the company an award for outstanding commitment to safety, but the company’s resolve to clean up their disaster has also been called into question.

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.

Wed, 2012-12-19 10:16Farron Cousins
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Group Sues Obama Administration Over Offshore Oil And Gas Leasing Program

A lawsuit has been filed against the Obama administration over the economic claims that the Bureau of Ocean Energy Management (BOEM) made in their 5-year plan to open up new areas around the United States to offshore oil and gas leasing.  The suit, filed by the Center for Sustainable Economy (CSE), says that the administration not only grossly exaggerated the economic benefits of increased energy exploration, but also that they failed to take all costs into account.

BOEM’s plan would lease a total of 15 new areas for exploration, including areas within the Gulf of Mexico, the Cook Inlet, Alaskan waters, and the Beaufort Sea.  But rather than focusing strictly on the environmental impact of the projects, CSE took an approach that tends to have better results in Washington – Economics.

The economic argument is very powerful, as CSE explains that the increased oil and gas exploration will cost the United States more than it will gain.  And according to federal laws (specifically Section 18 of the Outer Continental Shelf Lands Act), in order to grant permission for projects such as the leasing program, there must be a net public gain. 

For example, the best estimates for the amount of money to be made from oil and gas in these areas ranges from $1 to $2 billion per year.  However, these areas currently provide an economic boost of as much as $70 billion a year from fishing, tourism, and other activities, all of which could be decimated in the event of an oil spill.

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