Coast

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:

As BP Tar Balls Litter Gulf Coast, Oil Giant Sells Off Gulf Of Mexico Assets

It’s been a little over two weeks since Hurricane Isaac struck the Gulf Coast, leaving flooding and wind damage in its wake. But one of the side effects of the storm that has gone largely under-reported are the tar balls that are now littering beaches all along the Gulf Coast.

Beaches from Louisiana to Florida have seen the toxic, sticky tar balls rolling in with the surf, and while some have questioned whether the tar balls are actually from BP’s Macondo well blowout, Auburn University researchers have confirmed today that they are a match.

The tar balls began washing up only days after the U.S. Department of Justice released a memo blaming BP’s gross negligence for the Deepwater Horizon oil rig explosion that killed 11 men and subsequently caused close to 5 million gallons of oil to leak into the Gulf of Mexico.

In the wake of the DOJ’s accusations, and the continuous presence of tar balls that are linked directly back to BP’s negligence, it comes as no surprise that the oil giant has decided to sell off billions of dollars worth of their assets in the Gulf of Mexico.

Is The EPA Covering Up Oil Dispersant Dangers?

Less than two years ago, the Environmental Protection Agency (EPA) told BP that they had to stop using the highly dangerous and potentially toxic oil dispersant Corexit on the oil that was spewing from a blown out wellhead at the bottom of the Gulf of Mexico. BP refused, and the EPA took no action.

But this week, the EPA has told us all that there is absolutely nothing to worry about, and that Corexit is essentially “non-toxic.”

Those of us living along the Gulf Coast would all love to breathe a huge sigh of relief, but we’re too busy choking on the toxic air that has been causing “mystery respiratory illnesses” for two years now.

But still, the EPA released a report earlier this month that says that their testing revealed that the numerous different dispersants used in the cleanup fall into the “practically non-toxic” or “slightly toxic” category. What they mean by this is that the dispersants essentially have an equal toxicity to the oil that was released into the Gulf of Mexico.

Again, this new report runs completely contradictory to what the agency was warning us about in immediate months following the disaster. But instead of insisting that BP use equally effective, less toxic organic methods of dispersants, they went along with the oil giant and allowed them to continue pumping toxic chemicals into our waters.

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