Destruction

Mon, 2015-02-16 13:59Farron Cousins
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Fossil Fuel Connected Judge Says Oil Industry Not Liable For Destroying Gulf Coast

While much of the attention paid to the Gulf Coast in recent years has focused on BP’s destruction of the Gulf of Mexico and the coastline, it is important to remember that the fossil fuel industry has been polluting the South for decades.

In fact, the problem is so bad that the Southeast Louisiana Flood Protection Authority-East filed a lawsuit against 97 fossil fuel companies two years ago to force them to pay for the destruction that they have caused to the Louisiana coast.

The lawsuit seemed almost doomed from the start: Republican Louisiana Governor Bobby Jindal signed legislation in 2014 that forbade the lawsuit from moving forward, but this legislation was later ruled unconstitutional and thrown out.

As Climate Progress points out, the growing concern among Louisiana citizens is that their coastline is disappearing: More than 1,900 square miles of coast line has vanished in the last 85 years, and the fossil fuel industry has been responsible for polluting what’s left. The industry has even admitted it is responsible for at least 36% of the total wetland loss in the state of Louisiana. The State Department estimates that the wells drilled by the dirty energy industry are destroying as much as 59% of the coast.

An admission of liability, hard facts, and the protection of the public’s well being should have been enough to make this case a slam-dunk for any seasoned attorney. Unfortunately, the dirty energy industry has powerful connections all over the South – from politicians to judges – and those connections have resulted in the dismissal of the lawsuit.

In mid-February, U.S. District Judge Nanette Jolivette Brown tossed the suit, after the industry successful lobbied to have the case moved from a state judge to a federal judge. This action, known as venue-shopping, allows a defendant to search for a more friendly judge before the case is heard, and Judge Brown is about as friendly with the industry as a judge ever could be.

Before her appointment to a federal judgeship by President Obama (confirmed unanimously by the U.S. Senate), Judge Brown spent decades as a corporate attorney, working for firms that regularly represented the dirty energy industry in matters of environmental litigation.

During her time in practice, she worked at the law firms of Adams & Reese, the Onebane Law Firm, Milling, Benson, & Woodward, and the Chaffe McCall law firm. The McCall firm’s website says the following about its oil and gas representation:

Tue, 2011-12-06 12:58Farron Cousins
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BP Accuses Halliburton Of Destroying Evidence In Gulf Deepwater Horizon Disaster

Just months before trials are set to begin, BP is accusing Halliburton of destroying evidence related to their shoddy cement work that helped cause last year’s Gulf of Mexico oil disaster. According to Reuters, BP has officially filed their allegations with the courts, hoping to get the ball rolling on an investigation prior to trial.

Halliburton was responsible for supplying the cement on the Deepwater Horizon oil rig’s well, which was found to be substandard in investigations. According to Reuters, via Raw Story:

Citing recent depositions and Halliburton’s own documents, BP said Halliburton “intentionally” destroyed the results of slurry testing for the well, in part to “eliminate any risk that this evidence would be used against it at trial.”

The oil company also said Halliburton appeared to have lost computer evidence showing how the cement performed, with Halliburton maintaining that the information is simply “gone.”

BP asked U.S. District Judge Carl Barbier in New Orleans, who oversees spill litigation, to sanction Halliburton by ruling that Halliburton’s slurry design was “unstable,” a finding of fact that could be used at trial.

If Halliburton did destroy evidence, this could significantly shift the blame for the oil well, showing that Halliburton had something to hide. This would then take a lot of pressure off of BP and Transocean.

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