lawsuit

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.)

Mon, 2013-08-26 05:00Farron Cousins
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BP Launches Massive PR Campaign To Demonize Oil Spill Victims

BP, the oil giant that, along with Halliburton and Transocean, was responsible for the 2010 Deepwater Horizon oil rig explosion and oil leak in the Gulf of Mexico, is crying foul in the claims process of settlements for the victims of the spill.  The company has launched a massive public relations offensive to paint themselves as the victims in this situation.

According to The Hill, BP CEO Bob Dudley said recently that the entire claims process has been “absurd,” and that his company has been more than generous with their payments.  BP spokesperson Geoff Morrell said:  “While we remain committed to paying legitimate claims, we did not agree to pay for fictitious losses, or for claims that are based on fraud or tainted by corruption.”

While the overall PR war may appear to be aimed at the victims along the Gulf Coast, the real targets of BP’s campaign are trial lawyers.  They have even enlisted the help of the largest business lobby and strongest advocates for “tort reform”, the U.S. Chamber of Commerce.

The Hill reports that a recent ad placed by BP in The Washington Post quoted National Association of Manufacturers CEO Jay Timmons, saying, “Too often these days, the tort system is nothing more than a trial-lawyer bonanza, and that’s not fair to individuals seeking redress and no way to encourage investment in manufacturing to create tomorrow’s high-paying jobs.”

The reason that the company is trying to paint the claims process as plagued with fraud is that they had underestimated the amount of claims that they would have to pay out, and their settlement fund is quickly running dry.  This means that subsequent payments will have to come directly out of the company’s profits, a move that is not sitting well with shareholders who were promised that the price tag would not exceed $8 billion

Mon, 2013-08-12 12:18Farron Cousins
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Could Lead Paint Lawsuit Pave Way For Class Action Against Coal Industry?

Coal industry executives ought to pay attention to the lead paint lawsuit currently happening in the California court system.

Recently, a lawsuit was filed against the makers of lead paint, alleging that the industry knew about the toxicity of their product and yet still promoted it as “safe” to the public.  The industry has faced many lawsuits over their products in the past, most of which were unsuccessful for the victims, due to the fact that the industry was often up front about the dangers of their products, and they funded public studies to determine the health effects.

But things have changed in the American legal system, and attorneys are now taking a page out of the tobacco litigation playbook.  By unearthing documents that detail the lead paint industry’s attempted cover-up of the dangers, they avoid the “buyer beware” caveat that the tobacco industry used for so long. 

And just like the tobacco industry, lead paint manufacturers were specifically targeting children with their ads.  The California lawsuit is making that a central part of the trial.  Also reminiscent of the tobacco litigation, the suit was filed by cities and municipalities, not individual victims, greatly increasing the chance for success.

The coal industry should be paying very close attention to the progress of this litigation, as their activities could become the next target of skilled attorneys.  For decades, the coal industry has been poisoning American citizens with their coal-mining, -burning and -dumping activities.  Additionally, the dismal working conditions for miners has cost many families an unnecessary loss of life.

Fri, 2013-07-26 05:00Farron Cousins
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Louisiana Sues Oil Companies For Wetlands Damage in Gulf Showdown

After decades of operating with complete disregard for the environment, the dirty energy industry finally has to face the music for destroying the wetlands that form a natural barrier against storm damage in the state of Louisiana.

The suit, filed by the board of the Southeast Louisiana Flood Protection Authority-East, claims that the oil and gas industry's irresponsible pipeline placement, drilling, and excavation methods have eroded and polluted vital wetlands in Louisiana. 

The New York Times has more:

The board argues that the energy companies, including BP and Exxon Mobil, should be held responsible for fixing damage done by cutting thousands of miles of oil and gas access and pipeline canals through the wetlands. It alleges that the network functioned “as a mercilessly efficient, continuously expanding system of ecological destruction,” killing vegetation, eroding soil and allowing salt water into freshwater areas…

The suit argues that the environmental buffer serves as an essential protection against storms by softening the blow of any incoming hurricane before it gets to the line of levees, flood walls, and gates and pumps maintained and operated by the board. Losing the “natural first line of defense against flooding” means that the levee system is “left bare and ill-suited to safeguard south Louisiana,” the lawsuit says.  The “unnatural threat” caused by exploration, it states, “imperils the region’s ecology and its people’s way of life — in short, its very existence.”

The suit alleges that the wetlands, which took more than 6,000 years to form, provide vital protection for the state from the impacts of severe storms, floods, and hurricanes.  The degradation caused by the dirty energy industry’s activities leaves the state more vulnerable to the effects of severe weather. 

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.

Sat, 2013-05-25 14:00Farron Cousins
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Gas Industry Successfully Overturns Colorado Fracking Ban

The townspeople in Fort Collins were greeted with some unfortunate news earlier this week, as their city council decided to overturn a ban on hydraulic fracturing that had been in place for only a few short months. The decision to overturn the ban was based solely on the threat of a lawsuit from the oil and gas industry.

The mere threat of a lawsuit from the only fracking company in town – Prospect Energy – was enough to send the city council cowering in submission, placing the entire town at risk of the negative health impacts associated with fracking.

The gas industry was aided in their efforts by Colorado’s Democratic Governor John Hickenlooper, who warned the town of Fort Collins that if the ban were to remain in place, they could face legal intervention from the state itself.

Hickenlooper’s announcement is less than surprising. He has received more than $45,000 from the energy industry during his campaigns, along with another $104,000 from the real estate industry (a sector that stands to gain a lot with the leasing of property to fracking.)

Prospect Energy was aided in their efforts by the industry front group Energy in Depth. After the ban was lifted, EID issued a press release saying the following:

Mon, 2013-04-08 17:45Carol Linnitt
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PHOTOS: Mayflower, Arkansas Residents Launch Class Action Lawsuit After Exxon Tar Sands Disaster

Residents of Mayflower, Arkansas, are suing ExxonMobil for damages in a class action lawsuit that is seeking more than $5 million in compensation for property damage.

“This Arkansas class action lawsuit involves the worst crude oil and tar sands spill in Arkansas history,” the lawsuit reads. The filed claim indicates more than 19,000 barrels of oil were spilled.

Both the Attorney General Dustin McDaniel and the US Department of Transportation's Pipeline and Hazardous Material Safety Administration (PHMSA) have indicated investigations into the pipeline rupture are ongoing.

Between 2010 and 2012, pipeline incidents incurred more than $662 million in property damages annually. More than 20 years of PHMSA records indicate levels of pipeline related accidents are consistent - around 250 occur each year - while the cost of those accidents is steadily increasing.

These recently released images show the scope of the damage has grown far beyond the nearby residential street:

Sun, 2013-01-06 12:10Farron Cousins
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Citizens Take Action Against Coal Company For Clean Water Act Violations

A citizens group in Pennsylvania has filed a lawsuit against Emerald Coal Resources LP (ECR) for polluting waterways in their state.  ECR operates a coalfield in Waynesburg, which is the focus of the suit.

The suit is being handled by The Center For Coalfield Justice, and alleges that ECR committed numerous violations of the Clean Water Act over the last five years, with those violations greatly intensifying in the last 12 months.

Huffington Post has the specifics on the suit:

The lawsuit contends Emerald Coal has violated pollution levels for iron, manganese, aluminum and other pollutants more than 120 times in the past 12 months and more than 400 times in the past five years. The group is basing those claims on violations the company has been self-reporting to the Pennsylvania Department of Environmental Protection under Emerald's National Pollutant Discharge Elimination System Permit as part of the federal Clean Water Act.

The Center for Coalfield Justice said that they had attempted to reach an amicable resolution to the violations with ECR, but that the company was less than willing to cooperate.  As such, the group felt that a lawsuit would be the only way to force the company to comply with federal laws.

The Clean Water Act allows for citizens to sue when corporations have violated the law, provided they give the federal government 60 days notice. The Center for Coalfield Justice has followed that protocol

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.

Thu, 2012-11-15 17:55Farron Cousins
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Patriot Coal To Stop Destructive Mountaintop Removal Mining In Appalachia

Patriot Coal, one of the largest coal companies in America, recently announced its decision to end mountaintop removal mining (MTR) in the Appalachian Mountains. 

To date, Patriot Coal is the only major coal company in America to pledge to stop mountaintop removal mining. On the surface, it might appear that the company has had a genuine change of heart, but the reality is that this decision was more out of economic necessity than concern for the environment and human health.

Several conservation groups, led by the Sierra Club, have pressured the company to end their destructive MTR practices for years, which resulted in numerous lawsuits filed against the company for environmental abuses.  Those lawsuits have led to millions of dollars worth of fines and verdicts against the coal giant, which in turn gave us its new, anti-MTR platform.

The company released the following statement regarding its decision:

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