lawsuit

The Only Legal Challenge To Local Fracking Bans In California Was Just Quietly Dropped

The only lawsuit seeking to overturn any of the local fracking bans in the state of California has been dropped.

Southern California-based Citadel Exploration filed a suit on February 27 against San Benito County’s Measure J, which voters approved by a wide margin last November despite the oil and gas industry outspending its opponents 13-to-1 in an attempt to defeat the measure.

Citadel had called Measure J an “illegal local statutory scheme” and argued that only the state has the right to regulate oil and gas development, according to the San Jose Mercury News. The company has not released any further statements or responded to requests for comment on why it chose to drop the suit.

But anti-fracking activists and others who have worked on the fracking bans have their own theories.

“It's pretty clear to me now that the oil industry was bluffing,” Andy Hsia-Coron, a retired schoolteacher who helped run the Measure J campaign, told the San Jose Mercury News. “As they examined their hand, they realized it was pretty weak.”

Shell, ENI Responsible for 550 Oil Spills In Nigeria Last Year

Late last year, it came to light that Shell had been warned repeatedly by its own staff that the Trans Niger Pipeline was at significant risk of failure well before a 2008 spill of 500,000 barrels of oil. It was also revealed that Shell had drastically understated the extent of the spill.

These revelations were made during the proceedings of a lawsuit brought by a group of 15,000 Nigerians over a second spill from the same pipeline and helped lead to a much heftier payment by the company to the Bodo community in the Niger Delta in compensation for the impacts of both spills.

It would appear that the company has still not managed to correct whatever problems are leading to its poor safety and environmental performance in Nigeria, however, as Shell was responsible for more than 200 oil spills in the country last year alone, according to a new report by Amnesty International.

As horrible as Shell’s record is, Italian oil giant ENI managed to outdo the Hague-based multinational oil and gas titan. ENI's operations caused nearly 350 spills last year even though it operates in a much smaller area, the report states.

“These figures are seriously alarming. ENI has clearly lost control over its operations in the Niger Delta. And despite all its promises, Shell has made no progress on tackling oil spills,” Audrey Gaughran, Amnesty International’s Global Issues Director, said in a statement.

“In any other country, this would be a national emergency. In Nigeria it appears to be standard operating procedure for the oil industry. The human cost is horrific — people living with pollution every day of their lives.”

Court Lifts Gag Order On Coal Baron Don Blankenship in Criminal Trial

The media will finally get a glimpse into the criminal activity of former Massey Energy CEO Don Blankenship, as a federal appeals court has decided to lift a gag order that had been in place on the court proceedings that began with a criminal indictment against Blankenship in November 2014.

The gag order prevented the court proceedings from being made public, and barred the participants in the suit from speaking to the media. But the 4th Circuit Court of Appeals said that the order could not be sustained any longer, following a lawsuit by media outlets in the U.S.

Blankenship was indicted in November of last year on a host of charges, including conspiracy to violate mine safety and health laws, conspiracy to impede federal mine safety officials, making false statements to the SEC, and securities fraud. These activities that Blankenship allegedly participated in are what led to the 2010 Upper Big Branch mine explosion that claimed the lives of 29 miners. Blankenship retired from Massey eight months after the explosion.

The Brad Blog has more:

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:

American Youth Sue Politicians To Force Action On Climate Change

Meaningful action to mitigate the impacts of climate change have been slow to materialize in the United States, and that lag in leadership is allowing the threat to grow much worse for future generations of Americans.

But political inaction has led to citizen action, particularly among the generations that will face the consequences of inaction. And they are making the case, literally, that the government needs to take action.

Teenagers Kelsey Juliana and Olivia Chernaik have filed a lawsuit against Democratic Oregon governor John Kitzhaber and the entire state government of Oregon, alleging that they are not doing enough to address the threats of climate change.

Obama Administration Sued Over Gulf Of Mexico Fracking

At a time when the rest of the world (for a host of reasons) is shying away from the hydraulic fracturing “boom,” the United States appears to be hell-bent on allowing fracking in every available space. The latest target for the industry has been the already imperiled Gulf of Mexico, the same waters that are still reeling from the effects of BP’s Deepwater Horizon oil disaster.

In its haste to allow as much fracking as possible in the Gulf, the Obama administration has repeatedly failed to release information about the dangers of fracking in the Gulf of Mexico, as well as information regarding the total number of permits that have been issued.

But a new lawsuit by The Center for Biological Diversity seeks to make that information public.

The lawsuit says that the Bureau of Ocean Energy Management and the Bureau of Safety and Environmental Enforcement are obligated to release this information to the public. The government has so far failed to respond to the group’s FOIA request to make this information known to the public.

The risks of offshore fracking are well known, and The Center for Biological Diversity has a report that details the dangers that have already been realized off the coast of California, where offshore fracking has been under way for some time.

In that report, the Center uncovered some disturbing trends about the wastewater that is created during fracking:

Contrary To BP PR, Most Oil Spill Claims Are Legit

For more than a year, oil giant BP has waged a massive public relations battle to convince Americans that the company has been bamboozled by the oil spill claims process relating to the 2010 Deepwater Horizon oil rig blowout.

This BP PR campaign has involved full-page newspaper ads paid for by the company suggesting it is being swindled by Gulf Coast residents who were not affected by the oil spill. BP spokesepeople have appeared in the media to argue that the claims process has been “absurd.” And evidence even suggests that the company has employed online “trolls” to attack legitimate victims on social media websites.

BP has spent hundreds of millions of dollars on this PR blitz, all because they want to avoid paying out any more claims to Gulf Coast residents. But the problem the company is running into now is that independent investigations have shown that the claims process is not rife with fraud, as BP has claimed.

At least 99.5% of the claims that have been filed are legitimate, according to an audit.

Crude Oil Transport Project Halted In California After Environmentalists Sue

Back in August, DeSmog reported on California environmentalists stopping “stealth carbon bombs” in their communities. Now they're celebrating another victory as a dangerous—and illegal—crude oil transport project in Sacramento has been halted as well.

According to a report by the Sacramento Bee last March, the Sacramento Metropolitan Air Quality Management District first caught InterState Oil Company, a fuel distributor, offloading ethanol without a permit in the fall of 2012. Inspectors with the AQMD then caught InterState transloading crude oil from trains to trucks bound for Bay Area refineries in September of last year, again without a permit.

InterState was not fined for these violations and was even allowed by the AQMD to continue importing ethanol and crude oil into California by train while it sought the necessary permits.

InterState received the permit to transload crude from trains to trucks in March of this year. On September 23, Earthjustice filed a lawsuit in Sacramento Superior Court on behalf of the Sierra Club challenging what it called the AQMD's “furtive approval” of the permit.

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.

Louisiana's St. Tammany Parish Comes One Step Closer to Fracking

St Tammany Parish Fracking

The Department of Louisiana Natural Resources (DNRhas approved a unit permit for Helis Oil & Gas Company for a site in St. Tammany Parish that the company plans to frack. 

The department’s decision came on Friday, August 29, the ninth anniversary of Hurricane Katrina and the beginning of the Labor Day weekend.

Releasing the news on Friday is typical of Louisiana's government. It is another demonstration of how DNR is an advocate for the oil industry, not the people,” retired Lt. Gen. Russel Honoré, founder of the Green Army, told DeSmogBlog. “They know the majority of the parish do not want fracking and that they are doing something the people don't want. Releasing the news like that is disrespectful.”

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