Category Archives: gulf of mexico clean-up

AP: BP oil spill settlement probe target lashes out at special investigator

The Associated Press By The Associated Press
October 17, 2013 at 6:33 PM, updated October 17, 2013 at 6:34 PM

One of the lawyers singled out in an investigation of alleged misconduct in the settlement program for victims of BP’s 2010 Gulf oil spill is questioning the chief investigator’s impartiality.

Before a judge appointed him to lead the investigation, former FBI Director Louis Freeh disclosed that he is a partner at a law firm that is working on an unrelated case with lawyers for Kirkland & Ellis, a firm that represents the London-based oil giant.
In a court filing Wednesday, lawyers for New Orleans-based attorney Jon Andry argue they need more information about the relationship to determine whether to seek Freeh’s disqualification as “special master.”

In a report last month, Freeh said he found “ample evidence” that Andry and other attorneys tried to corrupt the settlement process by using a lawyer on the staff of claims administrator Patrick Juneau to expedite a $7.9 million settlement claim by The Andry Law Firm.

Andry’s lawyers claim Freeh has withheld evidence that could clear Andry of wrongdoing and “abandoned all pretense of the neutrality required of a Special Master.” “It requires no imagination to understand the value to BP and by extension its law firm, Kirkland & Ellis, of the criticisms made by Freeh,” they wrote. Freeh is a partner and chairman of the executive committee of Pepper Hamilton LLP, a law firm that also owns his consulting company, Freeh Group International Solutions. Andry’s lawyers said Pepper Hamilton is working with Kirkland & Ellis on class-action litigation over the diabetes drug Avandia. “Jon Andry has a right to a Special Master free of conflicts and free of the appearance of conflicts,” his lawyers wrote. “Mr. Jon Andry’s lawyers’ belated and rambling motion to recuse the Special Master is without merit in law and fact,” Freeh said in a statement emailed by Freeh Group International Solutions LLC president and CEO Jim Bucknam.

Freeh said he fully disclosed the “claimed conflicts” before he was appointed. “Additionally, all of the Special Master’s fees in this case are approved by the Court, not by BP and its lawyers,” he wrote. Separately, Andry’s attorneys, led by Lewis Unglesby, asked U.S. District Judge Carl Barbier for an order requiring Freeh to turn over all of the material that he gathered during his investigation.

“Freeh has made mistakes. They are substantial. They have caused great damage, but these errors are fixable once all the facts come out,” they wrote. In the report he issued on Sept. 7, Freeh cleared Juneau of engaging in any “conflict of interest, or unethical or improper conduct.” But he concluded that top members of Juneau’s staff engaged in conduct that was improper, unethical and possibly criminal. Freeh said Andry and another private attorney, Glen Lerner, used Lionel Sutton, a lawyer on Juneau’s staff, to expedite their firm’s claim. In return, Sutton received more than $40,000 in fees from payments on claims he had referred to their law firm before joining Juneau’s staff, Freeh’s report says. Freeh recommended that his report be forwarded to the Justice Department so it could determine whether Andry and others broke any laws. He also urged Barbier to consider disallowing payment on the $7.9 million claim.
By Michael Kunzelman, Associated Press

Special thanks to Richard Charter

Waking Times: Setting the Record Straight About BP’s Failed Gulf of Mexico Cleanup

http://www.wakingtimes.com/2013/10/23/setting-record-straight-bps-failed-gulf-mexico-cleanup/

October 23, 2013 | By WakingTimes |

Julie Dermansky, DeSmogBlog
Waking Times

The second phase of hearings in the legal battle over the BP oil disaster in the Gulf of Mexico ended on October 17th. Following two weeks of testimony by the U.S. Department of Justice and BP, U.S. District Court Judge Carl Barbier will determine what quantity of oil was spilled into the Gulf. He will also decide whether BP was simply negligent or grossly negligent.

The Justice Department claims 176 million gallons of oil were spilled; BP argues that it only spilled 103 million gallons. Under the Clean Water Act and the Oil Pollution Control Act, Judge Barbier can fine BP and its partners $1,100 per barrel should he find they were negligent in their actions leading up to the spill and in the cleanup afterwards. The fine would rise to $4,300 per barrel if he finds the companies were grossly negligent or acted with willful misconduct, as the State Department alleges.Using the State Department’s numbers, the fine could be $18 billion; if BP’s numbers are accepted, the fine could be $10.5 billion.

The outcome of the case will play a role in all subsequent litigation around the BP disaster, including the case of Dean Blanchard, owner of Dean Blanchard Seafood, the largest shrimp buyer and wholesaler in the Gulf region. Blanchard’s company in Grand Isle, Louisiana is all but shut down now. Blanchard keeps a small fraction of his staff employed – more of them than he needs to keep his dwindling operation going. He doesn’t have the heart to make further cuts.

Blanchard estimates his company’s loss at over $100 million. He estimates that his business is now 15 percent of what it was before the spill. He keeps his doors open only because he can’t bring himself to close down. He recently moved part of his business to a different area where some shrimpers are still able to harvest product, but he faces an uphill battle against BP, and an uncertain future, along with many other Gulf fishermen.
Dean Blanchard talks about the use of the chemical dispersant Corexit during the BP oil spill:

This fall, BP launched a new PR campaign depicting itself as a victim of fraud. The BP ads accuse people of filing fraudulent claims, and asks upstanding citizens to turn them in. Blanchard doesn’t doubt there are fraudulent claims, but holds BP responsible for allowing that to happen.

He and others in the fishing industry offered to help BP figure out who the real fishermen were since they know their community well, but BP turned them down. Blanchard suggests that BP may have wanted to create chaos, initially giving a token payment to anyone who wore a pair of white boots into the claims offices so they could play victim later, just as they are doing now. On Facebook, activists encourage those affected by the spill to call the BP fraud hotline set up for this campaign and choke the company’s line with calls accusing BP of fraud.

BP’s other commercials claim that all fishing areas have reopened, although the waters near Grand Isle are not. Blanchard wonders why the government continues to allow the company to lie in its advertising.

BP’s “Make it Right” campaign, which asserts that things are back to normal, is a source of rage for many along the Gulf Coast. And Dean Blanchard doesn’t pull punches about it:

Some of the shrimpers who sell to Blanchard periodically monitor the areas they used to work in. They have caught deformed shrimp with no eyes and oil in their gills, and other fish with lesions.

Recently, a fisherman gave him a fish with a hole in the middle of its body that Blanchard has kept on ice to show people as an example of the abnormalities in the seafood he has seen since the spill.

fish with hole
Image Source
Fish with mysterious hole in its side caught by a fisherman and given to Blanchard.

Despite the government and company assurances that the seafood is safe, Blanchard’s insurance company dropped his product liability insurance. Blanchard wont be covered if the product he is selling turns out to be unsafe.

Besides the fiscal strain, Blanchard worries about the health of his family. He says everyone he knows on the island now has sinus and breathing problems.

Many have moved, including longtime resident Betty Doud, her daughter and grandchildren. She and Blanchard both tell me they can breathe better when they travel away from Grand Isle. Doud and her daughter are renting homes near New Orleans.

Over lunch, they rule out places to resettle that are sites for potential environmental disasters, crossing off all the states that have fracking activity, for instance. Doud recently sold off her Grand Isle home and won’t ever move back. Like Blanchard, she’d rather sue BP than accept the meager settlement it offered for her loss.

BP has been forced to take some responsibility for the health issues faced by residents and cleanup workers. In May 2012, as part of the Deepwater Horizon oil spill settlement, $36 million in grant money was earmarked for behavioral and mental healthcare needs, making it possible for residents and cleanup workers to file claims in a class action suit against BP for their health issues.

Meanwhile, more tar mats containing BP oil were discovered by the Coast Guard after the recent tropical storm Karen.

The amount of oil recovered in the cleanup process in Louisiana has grown this year. Garret Graves, chairman of the Coastal Protection and Restoration Authority, suggested in an interview with Reuters that the initial cleanup had clearly been insufficient since the amount of recovered oil increased this year.

Oil turning up on these beaches is no surprise to residents like Betty Doud, who witnessed activities in 2010 that suggested to her that cleanup workers were burying the oil rather than taking it away.

Dean Blanchard isn’t surprised either. He has no doubt that the reason there are no shrimp left in the area rests on the fact that Corexit was used to chemically disperse the oil, letting it sink to the sea floor where the shrimp reproduce.

The use of dispersant by BP irks Blanchard the most. He believes that if the government hadn’t allowed BP to disperse the oil, it could have been cleaned up.

“I never knew you could buy a branch of the government, but BP bought the Coast Guard,” he says. “They were complicit in letting BP do what they wanted.”

Blanchard is irked by the fact that BP was making tons of money and still cutting corners – putting the health of Gulf Coast residents and the economy at risk. And the fact that BP was allowed to do so by the government also riles him.

“Someone at the top needs to go to jail,” Blanchard says.

graveyard BP
Graveyard erected to those who died in the BP blowout.

message to BP on Main St
Message to BP on Main Street
Special thanks to Richard Charter

Truth-out.org: Gulf Ecosystem in Crisis Three Years After BP Spill

Monday, 21 October 2013 09:29
By Dahr Jamail, Aljazeer

3 yrs later
Three years after well blowout, declining seafood catches and deformities point to an environment in distress. (Photo: Erika Blumenfeld)

New Orleans – Hundreds of kilograms of oily debris on beaches, declining seafood catches, and other troubling signs point towards an ecosystem in crisis in the wake of BP’s 2010 oil disaster in the Gulf of Mexico.

“It’s disturbing what we’re seeing,” Louisiana Oyster Task Force member Brad Robin told Al Jazeera. “We don’t have any more baby crabs, which is a bad sign. We’re seeing things we’ve never seen before.”

Robin, a commercial oyster fisherman who is also a member of the Louisiana
Government Advisory Board, said that of the sea ground where he has harvested oysters in the past, only 30 percent of it is productive now.

“We’re seeing crabs with holes in their shells, other seafood deformities. The state of Louisiana oyster season opened on October 15, and we can’t find any production out there yet. There is no life out there.”

According to Robin, entire sectors of the Louisiana oyster harvest areas are “dead or mostly dead”. “I got 10 boats in my fleet and only two of them are operating, because I don’t have the production to run the rest. We’re nowhere near back to whole, and I can’t tell you when or if it’ll come back.”

State of Louisiana statistics confirm that overall seafood catch numbers since the spill have declined.
Over three million pounds of oiled material have been found in Louisiana this year. (Photo: Erika Blumenfeld / Al Jazeera)

Everything is down’
Robin is not the only member of the Gulf’s seafood industry to report bleak news. Kathy Birren and her husband own Hernando Beach Seafood, a wholesale seafood business, in Florida.
Shrimp with tumours continue to be found along the impact zone, from Louisiana to Florida. (Photo: Dean Blanchard)

“I’ve seen a lot of change since the spill,” Birren told Al Jazeera. “Our stone crab harvest has dropped off and not come back; the numbers are way lower. Typically you’ll see some good crabbing somewhere along the west coast of Florida, but this last year we’ve had problems everywhere.”

Birren said the problems are not just with the crabs. “We’ve also had our grouper fishing down since the spill,” she added. “We’ve seen fish with tar balls in their stomachs from as far down as the Florida Keys. We had a grouper with tar balls in its stomach last month. Overall, everything is down.”

According to Birren, many fishermen in her area are giving up. “People are dropping out of the fishing business, and selling out cheap because they have to. I’m in west-central Florida, but fishermen all the way down to Key West are struggling to make it. I look at my son’s future, as he’s just getting into the business, and we’re worried.”

Dean Blanchard, owner of a seafood business in Grand Isle, Louisiana, is also deeply troubled by what he is seeing. “We have big tar mats coming up on Elmers Island, Fouchon, Grand Isle, and Grand Terre,” Blanchard told Al Jazeera. “Every time we have bad weather we get fresh tar balls and mats.”

Blanchard said his business generates only about 15 percent of what it did before the spill. “It looks like it’s getting worse,” he said. “I told my wife when she goes to the mall she can only spend 15 percent what she used to spend.”

Blanchard has also seen shrimp brought in with deformities, and has taken photographs of shrimp with tumours (see above). Others lack eyes. He attributes the deformities to BP’s use of toxic dispersants to sink the spilled oil.

“Everybody living down here watched them spray their dispersants day in and day out. They sprayed our bays and our beaches,” he said. “We got a problem, because BP says they didn’t spray down here, but we had a priest that even saw them spraying. So either we got a lying priest, or BP is lying.”

BP and the Coast Guard have told the media they have never sprayed dispersants within 10 miles of the coast, and that dispersants have never been used in bays.
Eyeless shrimp, along with other seafood abnormalities, have become common in many areas along the Gulf Coast. (Photo: Erika Blumenfeld / Al Jazeera)

A decades-long recovery
On a more sombre note, Dr Ed Cake, a biological oceanographer and a marine biologist, believes it will likely take the Gulf decades to recover from the BP disaster.

“The impacts of the Ixtoc 1 blowout in the Bay of Campeche in 1979 are still being felt,” said Cake, referring to a large oil spill near the Mexican coast, “and there are bays there where the oysters have still not returned. My prediction is we will be dealing with the impacts of this spill for several decades to come and it will outlive me.”

According to Cake, blue crab and shrimp catches have fallen in Mississippi and Alabama since the spill, and he also expressed worries about ongoing dolphin die-offs. But his primary concern is the slow recovery of the region’s oyster population.

“Mississippi recently opened their season, and their oyster fisherman are restricted to 12 sacks of oysters a day. But they can’t even reach six,” Cake said. “Thirty sacks would be a normal day for oysters – that was the previous limit – but that is restricted now because the stocks just aren’t there.”

Cake’s conclusion is grim. “Here in the estuarine areas, where we have the oysters, I think it’ll be a decade or two before we see any recovery.”

BP previously provided Al Jazeera with a statement on this topic, a portion of which read: “Seafood from the Gulf of Mexico is among the most tested in the world, and, according to the FDA and NOAA, it is as safe now as it was before the accident.”

BP claims that fish lesions are naturally common, and that before the spill there was documented evidence of lesions in the Gulf of Mexico caused by parasites and other agents.

More oil found
The second phase of the ongoing federal trial against BP investigates whether the company’s actions to halt the flow of oil during the blowout were adequate, and aims to determine how much oil was released.

“BP is mounting an aggressive legal and public relations campaign to shield itself from liability and minimise the amount of oil spilled in the Gulf, as well as the ongoing impacts from the disaster,” said Jonathan Henderson, an organiser for the Gulf Restoration Network, an environmental group.

Even Louisiana’s Republican Governor Bobby Jindal agrees. Jindal recently said, “Three and a half years later, BP is spending more money – I want you to hear this – they are spending more money on television commercials than they have on actually restoring the natural resources they impacted.”

As far away from the blowout site as Florida, researchers continue to find oil in both Tampa Bay and Sarasota Bay.

In Louisiana, according to the LA Coastal Protection and Restoration Authority (CPRA), more than 200 miles of shoreline have “some degree of oiling”, including 14 miles that are moderately or heavily oiled. From March through August of this year, over three million pounds of oiled material have been collected in Louisiana, more than double the amount over the same time period last year.

In addition, the CPRA reports that “investigations into the chemical composition of MC252 [BP’s Macondo well] oil samples demonstrate that submerged oil is NOT substantially weathered or depleted of most PAH’s [polycyclic aromatic hydrocarbons],” and “disputesÅ findings relied on by the USCG [US Coast Guard] that Deepwater Horizon oil is non-toxic”.

The agency also expresses concerns that “submerged oil may continue to pose long term risk to nearshore ecosystems”.

“New impacts to the Gulf’s ecosystem and creatures also continue to emerge,” Henderson told Al Jazeera. “This year alone, the National Marine Fisheries Service has recorded 212 dolphins and other marine mammal standings in the northern Gulf. A new scientific study conducted by NOAA, BP and university researchers also shows significant negative impacts on tiny organisms that live on the sea floor in a 57 square mile area around the Deepwater Horizon well site.”

Numerous other impacts have been documented since the disaster began, including genetic disruptions for Gulf killifish, harm to deepwater corals,, and the die-off of tiny foraminifera that are an important part of the Gulf’s food chain.

Ongoing studies continue to reveal toxins from BP’s spill in water, soil, and seafood samples.

Meanwhile, fishermen in BP’s impact zone wonder if things will ever return to normal. “Our future is very, very dim, and there are no sponge crabs out there, which is the future,” Robin concluded. “I’ve never seen this in my lifespan. I’m not seeing a future, because everything out there is dead.”

Special thanks to Richard Charter

Nola.com–Times-Picayune: Tar mat discovered at Fourchon Beach after Tropical Storm Karen

oil mat

Grand Isle, La. – A Deepwater Horizon Response Shoreline Cleanup and Assessment Team delineates the edges a surface residual ball colony, Oct. 8, 2013. The 12 foot by 3 foot SRB colony was uncovered by the increased tides of Tropical Storm Karen and located during a Deepwater Horizon Post-Storm Rapid Assessment Survey. (Coast Guard/Michael Anderson)

By Katherine Sayre, NOLA.com | The Times-Picayune
Email the author | Follow on Twitter
on October 16, 2013 at 5:52 PM, updated October 16, 2013 at 9:33 PM

The Coast Guard says it has recovered 4,100 pounds of a tar mat discovered under the sand at Fourchon Beach. The oily material was found by crews inspecting Louisiana’s coast after Tropical Storm Karen.

The oily mixture is assumed to be left over from the BP Deepwater Horizon spill three years ago, said Petty Officer 1st Class Michael Anderson, spokesman for the Gulf Coast Incident Management Team. Karen’s storm surge, although weak, was enough to cause some erosion and expose the area.

The tar mat consists of a mixture of 80 percent to 90 percent sand, shell and water and 10 percent to 20 percent oil, Anderson said.

High tides temporarily stopped the cleanup work at the site today, but the effort will continue this week, Anderson said. The exact size of the tar mat hasn’t been determined.
“We’re expecting a significant amount of product,” Anderson said.

He said the Coast Guard does not expect it to be as large as the massive tar mat discovered around Isle Grand Terre in June.

The cleanup effort will include removing the tar mat and sending out snorkeling swimmers to search the waters nearby, he said.

Tar balls have been collected in other areas of Louisiana’s coast after Karen moved through the Gulf of Mexico and dissipated earlier this month.

Special thanks to Richard Charter

FuelFix: Feds to release new rules for offshore emergency equipment this year

http://fuelfix.com/blog/2013/09/30/feds-to-release-new-rules-for-offshore-emergency-equipment-this-year/

Posted on September 30, 2013 at 3:24 pm by Jennifer A. Dlouhy

blowout_preventer_bp_oil_spill-306x203
The blowout preventer stack (right) and lower marine riser stack (left) from the Deepwater Horizon explosion and oil spill (AP file photo/Gerald Herbert)

The nation’s top offshore drilling regulator said he hopes to unveil new requirements for blowout preventers by Dec. 31, nearly four years after the Deepwater Horizon disaster revealed vulnerabilities in the emergency devices.

The hulking devices sit atop wells and can be activated in an emergency to cut drill pipe and block off the hole, trapping oil and gas inside. But a forensic investigation of the blowout preventer used at BP’s failed Macondo well concluded that a powerful rush of oil and gas caused drill pipe to buckle and shift, ultimately preventing powerful shearing rams on the device from cutting the pipe and sealing the hole.

In response, the nation’s three main blowout preventer manufacturers are developing and selling newly robust shearing rams and other designs to slash through thick pipe connections and debris. But a new federal rule would give those voluntary changes the force of law.

The Bureau of Safety and Environmental Enforcement aims to issue those proposed requirements by the end of 2013, said agency director Brian Salerno.

“Blowout preventers are an integral part of the safety systems on drilling rigs,” Salerno said in a letter to Rep. Pete Olson, R-Texas, and other lawmakers. The safety bureau “is working to continue to advance blowout preventer improvements.”

In July, the lawmakers told the safety bureau they were concerned that regulators were “failing to provide clarity for rig operators” while preparing potentially “sweeping new rules” for blowout preventers.

Response ready: Spill containment system headed for Texas coast

Regulators at the safety bureau are likely to lay out specific performance standards for the devices, such as a mandate that they be capable of cutting through casing and drill pipe and effectively sealing a well. Officials could insist that companies use a second set of shearing rams, potentially boosting the odds of successfully cutting drill pipe – a method already being used by some operators in the Gulf of Mexico.

The measure also could require the use of real-time technologies that could aid in diagnosing problems or detecting unexplained surges of oil and gas.

Salerno said his agency is consulting with the manufacturers of blowout preventers and the oil companies that use them as it writes new requirements. The consultation officially began with a public forum in May 2012.

“BSEE has received significant input and specific recommendations from stakeholders, such as industry groups, operators, equipment manufacturers and environmental organizations,” Salerno said.

When a notice of proposed rule making is issued, Salerno said, stakeholders will have a chance to comment further.

Offshore operators say they want to make sure there is a sufficiently long on-ramp for compliance, with plenty of time to redesign blowout preventers and retrofit existing drilling rigs with the devices.

Regulators previously have vowed to give the oil industry plenty of time to adapt, especially given the prospect that requirements could hasten the retirement of some older industry equipment. For instance, a mandate for a second set of shear rams could grow the size of blowout preventers beyond the available space in some rig cellars at shallow-water operations.

The safety bureau is also drafting new standards for oil and gas activity in U.S. Arctic waters, with hopes to unveil that proposal by the end of the year.

(Melissa Phillip / Houston Chronicle)
Employees at National Oilwell Varco work on a lower blowout preventer stack (left) and lower marine riser package (right).

Jennifer A. Dlouhy
Jennifer A. Dlouhy covers energy policy, politics and other issues for The Houston Chronicle and other Hearst Newspapers from Washington, D.C. Previously, she reported on legal affairs for Congressional Quarterly. She also has worked at The Beaumont Enterprise, The San Antonio Express-News and other newspapers. Jennifer enjoys cooking, gardening and hiking. She lives in Washington, D.C., with her husband and toddler son.

Special thanks to Richard Charter