BP Oil Spill Law Blog

If Approved, Gulf States to Receive Millions from BP

The RESTORE the Gulf Coast States Act was approved by the Senate Committee on Environmental and Public Works on September 21, 2011. The RESTORE Act was backed by bipartisan committee approval and will now proceed to the Senate floor for a full vote.

The RESTORE Act was drafted in response to the April 2010 Deepwater Horizon oil spill which pumped approximately 4.9 million gallons of oil into the Gulf of Mexico. Louisiana Senator Mary L. Landrieu and Alabama Senator Richard Shelby introduced the legislation supported by several fellow Gulf Coast Senators.

If approved by the full Senate, the bill would ensure that funds for economic and environmental recovery are sent to the Gulf Coast States and streamline the process for receiving the funds. Current law requires responsible parties to pay penalties to the Federal Treasury and affected states are on their own. The Clean Water Act allows the EPA to collect $1,100 per barrel of oil spilled, or $4,300 per barrel if there is a finding of gross negligence, from any party found responsible for an oil spill in federal waters. Based on the estimated 4.9 million barrels of oil spilled into the Gulf of Mexico, BP could face fines between $5.4 billion and $21.1 billion. If the RESTORE Act is approved, 80% of the fines BP is required to pay under the Clean Water Act will be allocated to Gulf States affected by the spill. This funding could serve as a major economic boost to communities still struggling to clean-up coastline and businesses damaged by the spill.

We have a very strong bill with very strong support including the chair of the Environment and Public Works Committee," Louisiana Senator David Vitter said. "Louisiana and the Gulf Coast took a beating from the oil spill last summer, and the culprits - BP - are being held accountable. Our coastlines were the first line of defense against the oil spill as well as for tropical storms. It's extremely important to support the ongoing projects to build up our ecosystems and coastline."

For more information on RESTORE Act, visit

http://landrieu.senate.gov/mediacenter/pressreleases/07-21-2011-1.cfm

http://www.edf.org/sites/default/files/11714_RESTORE-Act-Summary-April2011.pdf

A recent report on the chemical dispersants used on the BP oil spill suggests it could be years before the full range of human and environmental effects are clear. "The Chaos of Clean-up" report was recently released through a partnership between Toxipedia Consulting Services of Washington and Earthjustice, a nonprofit public interest law firm based in California. The Louisiana based Gulf Restoration Network and Florida Wildlife Federation funded the scientific review of the dispersants chemical makeup and potential effects on environmental and marine health.

The use of chemical dispersants to clean up the BP Oil spill has been the subject of debate and scrutiny since clean-up began in the summer of 2010. While some maintain that the use of nearly 1.8 million gallons of dispersants was the most efficient way to stop oil from seeping onshore and damaging coastline, others believe the potentially harmful effects of dispersants and application methods warranted careful consideration.

The report's main goal was to analyze the toxicity of various chemicals used in the dispersants in response to claims made by the EPA and BP regarding dispersants' safe toxicity levels. The name and quantity of the exact chemicals used in a dispersant product belong to dispersant manufacturers and are not released. Environmental advocates hope this report will encourage the EPA to research and release toxicity and safety information for all chemical ingredients used in oil dispersants. Without a complete list of dispersant ingredients, assessment of the effects of a dispersant product is impossible.

There is a wide range of effects associated with some of the chemicals used in dispersants. Effects may also vary depending on the environment and exposure level. The "Chaos of Clean-Up" report suggests the oil dispersants used could contain toxins and cancer-causing agents that may be harmful to humans and animals. Because a full list of dispersant ingredients has not been released, the report remains speculative. A group of Gulf Coast scientists are currently engaged in a three year BP funded research study of the effects of dispersant use.

"At this point, we cannot do anything about what already happened. What the public needs to do is make sure it never happens again", said Cynthia Sarthou of the Gulf Restoration Network. "Dispersants may not be the way to deal with oil disasters."

http://www.pnj.com/article/20110926/NEWS09/109260325/Study-shows-dispersants-BP-used-oil-spill-may-cause-cancer?odyssey=tab%7Ctopnews%7Ctext%7CFRONTPAGE

A report released today by the Georgia Sea Grant and the University of Georgia concludes that up to 79 percent of the oil released into the Gulf of Mexico from the Deepwater Horizon well has not been recovered and remains a threat to the ecosystem.

The report, authored by five prominent marine scientists, strongly contradicts media reports that suggest that only 25 percent of the oil from the Deepwater Horizon oil spill remains.

Source:

UGA Sea Grant Report

While clean up workers continue efforts to plug the Deep Horizon oil well once and for all, Louisiana's delicate wetlands continue to suffer. The wetlands are a vital part of the ecosystem, providing a habitat to much of Louisiana's wildlife and a natural buffer against strong storm surges. Because much of Louisiana's 7,700 miles of shoreline is composed of wetlands and marshes, the spill related damage to the ecosystem has been substantial. Dead vegetation, oily water, blackened marsh grasses, and soiled dirt offer an alarming postcard from the state's endangered bayous as each tide brings another wave of oil pollution. The fragility of the wetlands makes many clean up efforts futile as further degeneration is caused by walking on the oil soaked grass and removal of soiled vegetation destroys the roots that prevent marshland from eroding into the open water. While strategies for wetland cleanup have included controlled burns, fresh water flushes, and even an unsuccessful attempt to clean stained grasses with pads resembling large Q-tips, the wetlands present a conundrum to scientists.

" [The wetlands] are so sensitive that they succumb to the oil spill impacts, but you can't go in and clean them up because you cause more damage," said Wes Tunnell, associate director of the Harte Research Institute for the Gulf of Mexico Studies in Corpus Christi.

Like Tunnell, many scientists favor a hands-off approach to wetland restoration, believing that time and Mother Nature's natural microbes offer the best hope for the damaged wetlands.

With over 2,300 miles of wetlands lost in the last seventy years, Louisiana marshlands are disappearing at an alarming rate. Much of the wetland depletion has been worsened by harmful land-use practices as levees and canals built to control flooding and maintain oil and gas industry pipelines have had detrimental ecological effects on the ecosystem. With relatively little scientific knowledge of the long-term effects of such a massive oil spill on coastal marshlands, the resiliency of Louisiana's wetlands will again be tested.

Sources/Further information:

Oil spill effects on nature in pictures

Interactive map of areas affected by oil spill

The Judicial Panel on Multi District Litigation announced today that it has assigned U.S. District Judge Carl Barbier in New Orleans to preside over lawsuits related to the BP Oil Spill.

Upon careful consideration, however, we have settled upon the Eastern District of Louisiana as the most appropriate district for this litigation. Without discounting the spill's effects on other states, if there is a geographic and psychological "center of gravity" in this docket, then the Eastern District of Louisiana is closest to it. Considering all of the applicable factors, we have asked Judge Carl J. Barbier to serve as transferee judge. He has had a distinguished career as an attorney and now as a jurist. Moreover, during his twelve years on the bench, Judge Barbier has gained considerable MDL experience, and has been already actively managing dozens of cases in this docket. We have every confidence that he is well prepared to handle a litigation of this magnitude.

John G. Heyburn II, chief judge for the panel wrote in today's five-page decision.

Sources:

TRANSFER ORDER- IN RE: OIL SPILL BY THE OIL RIG "DEEPWATER HORIZON"
IN THE GULF OF MEXICO, ON APRIL 20, 2010 (MDL Docket No. 2179.) MDL-2179-Transfer_Order.pdf

As BP prepares for a deluge of spill related lawsuits, contractual agreements with scientists hired to access the extent of the damage and provide expert testimony will be under close scrutiny. A July 29th letter written by the House Committee on Energy and Commerce Chairman Henry A. Waxman and Rep. Edward Markey to BP America Chairman Lamar McKay warns that "any effort to muzzle scientists or shield their findings" will not be tolerated.

Concerns over the transparency of scientific data and suppression of scientific testimony arose as a result of an investigation led by the House panel and recent media reports. Information alleging that BP has retained only those scientific experts agreeing to contractual confidentiality agreements led the Committee on Energy and Commerce to request timely access to "copies of all contracts that BP has executed with any third party consultant, scientist, or academic... relating to assessing the environmental and health impacts of the Deepwater Horizon oil spill or restoration efforts in the Gulf of Mexico".

BP's corporate influence on research has also come under recent inquiry. Last week, California congresswomen Lois Capps and Lynn Woolsey urged BP to allow the National Academy of Sciences to take over management of its Gulf of Mexico Research Initiative, citing the need for " a rigorous peer review process" of research proposals. UC Berkeley is currently engaged in a 10 year, $500 million dollar contract with BP's Gulf of Mexico Research Initiative and has received heated criticism from students and staff who feel the corporate influence of BP compromises research validity. BP spokesman Steve Rinehart responded to complaints that Initiative scientists are contractually prohibited from releasing their research findings for three years stating, "We have asked that they limit public discussion of the dealings they have directly with our attorneys ... or the projects directly done for BP. They are free to discuss environmental or other data."

Reminding McKay and BP that " the disaster in the Gulf of Mexico is not a private matter", the Committee's letter stressed the importance of " an open exchange of scientific data and analysis" for the full recovery and future development of the Gulf environment.

More information/Sources:

BP's scientific integrity is questioned

A copy of the Committee's letter to McKay McKay.BP.2010.7.29.pdf

Why no campus protest over Berkeley-BP connection?

According to a Congressional investigation led by Massachusetts Rep. Edward Markey and the Energy and Environment Subcommittee, the U.S Coast Guard may be to blame for the haphazard use of thousands of gallons of chemical dispersants to break up oil slicks in the Gulf. According to government and BP documents, the U.S Coast Guard approved 74 requests for dispersant use over 48 days even after a federal order to stop the use of chemical dispersants on surface waters "except in rare cases were there might have to be an exception " was imposed at the urging of the EPA in late May. The EPA Directive instructed BP to "reduce the overall volume of dispersant used by 75% from the maximum daily amount used and to limit subsurface application to no more than 15,000 gallons a day" and required the submission of exemption requests to the U.S Coast Guard for consideration.

Despite concerns over the long-term effects of the toxic chemicals on the aquatic environment and the existing federal restriction, Markey's investigation maintains that the U.S Coast Guard routinely approved requests for the application of between 6,000 and 10,000 gallons of chemical dispersants a day, amounting to the overall use of hundreds of thousands of gallons of potentially toxic chemical dispersant on surface waters. Despite EPA concerns that the "exemption requests do not meet the requirements of the May 26th Directive", the U.S Coast Guard consistently approved exemption requests upon reception, even pre-authorizing requests for the use of dispersants up to a week in advance in some instances.

According to Markey, blatant discrepancies between the volumes of dispersants BP petitioned the U.S Coast Guard for and the figures for the actual volume of surface water dispersant used presented to the U.S Congressional staff exist. In his July 30th letter to Thad Allen, the retired U.S Coast Guard Admiral leading the response to the oil spill, Rep. Markey questioned the USCG's approval of exemption requests, inquiring what "rare circumstances" a-typical of a large scale oil spill necessitated such immediate approval.

In his letter, Markey stated that " the May 26th EPA Directive has become more of a meaningless paperwork exercise than an attempt to abide by the Directive and eliminate surface application of chemical dispersants" and requested a full response to the Subcommittee's findings by August 20,2010. So far, Allen has defended the approval of the exemption waivers, citing the overall decrease in chemical dispersants following the May 26th Directive and defending the use of dispersant as a "tactical" decision.

More information:

Rep. Markey's letter to Thad Allen 07-30-10ejmtocgdispersants.pdf

Despite Rule, BP Used Dispersant, Panel Finds

BP offered lucrative contracts and signing bonuses to top scientists at an Alabama University.

Scientists at other universities like Louisiana State University, Mississippi State University and Texas A&M have taken BP up on the offer. However, Alabama scientists took the high road. "We told them there was no way we would agree to any kind of restrictions on the data we collect. It was pretty clear we wouldn't be hearing from them again after that," said Bob Shipp, head of marine sciences at the University of South Alabama. "We didn't like the perception of the university representing BP in any fashion."

Source:

BP buys up Gulf scientists for legal defense, roiling academic community

A recent Washington Post Poll of Gulf Residents indicates many Gulf Coast Residents are depressed, disapprove of the federal government's response and are very concerned about the economy, environment, seafood safety and tourism.

Source:

The glum gulf (Washington Post)

NOAA has opened more than 8,000 square miles of previously closed fishing area in the Gulf of Mexico, because the agency has not observed oil in the area. The most significant opening is an area due south of Mississippi which was closed Monday, June 21.

Additionally, some smaller areas were opened off the Louisiana and central Florida coasts.

These areas were initially closed as a precaution because oil was projected to be within those areas over the next few days. However, the review of satellite imagery, radar and aerial data indicated that oil had not moved into these areas.

The federal closed area does not apply to any state waters. Closing fishing in this area is a precautionary measure to ensure that seafood from the Gulf will remain safe for consumers.

The closed area now represents 78,597 square miles, which is approximately 32.5 percent of Gulf of Mexico federal waters. This leaves more than two-thirds of Gulf federal waters available for fishing. The closure will be effective at 6 p.m. EDT. Details can be found at http://sero.nmfs.noaa.gov/. The last closed area modification was June 21, when 86,985 square miles were closed to fishing, or roughly 36 percent of federal waters of the Gulf.

Federal and state governments have systems in place to test and monitor seafood safety, prohibit harvesting from affected areas and keep oiled products out of the marketplace. NOAA continues to work closely with the U.S. Food and Drug Administration and the states to ensure seafood safety, by closing fishing areas where tainted seafood could potentially be caught, and assessing whether seafood is tainted or contaminated to levels that pose a risk to human health. NOAA and FDA are implementing a broad-scaled seafood sampling plan. The plan includes sampling seafood from inside and outside the closure area, as well as market-based sampling.

According to NOAA, there are approximately 5.7 million recreational fishermen in the Gulf of Mexico region who took 25 million fishing trips in 2008. Commercial fishermen in the Gulf harvested more than 1 billion pounds of fish and shellfish in 2008.

Fishermen who wish to contact BP about a claim should call 800-440-0858.

NOAA will continue to evaluate the need for fisheries closures based on the evolving nature of the spill and will re-open closed areas as appropriate. NOAA will also re-evaluate the closure areas as new information that would change the boundaries of these closed areas becomes available.

NOAA has a number of new methods for the public to obtain information or be notified when there is a change to the closed area:

•Sign up to receive Southeast Fishery Bulletins by email at SERO.Communications.Comments@noaa.gov

•Call 1-800-627-NOAA (1-800-627-6622) to hear a recording of the current coordinates
•Listen to NOAA Weather Radio for messages about the closure

•Receive text messages on your cell phone about changes to the closed area by texting fishing@gulf to 84469 (visit http://www.deepwaterhorizonresponse.com/go/doc/2931/558107 for more information)

•Follow them on Twitter: usnoaagov to get a tweet when the closed area changes

Anyone seeking to file a claim with BP for damages resulting from the April 20, 2010 oil spill must first call BP's claim center at 800-440-0858 or fill out a claims form online at to register their claim and receive a claim number. When filing a claim, the following information must be provided: the type of loss (e.g. wages, boat, home etc.) the location of the loss, a mailing address, occupation, social security number and date of birth.

Approximately seven to ten days after filing a claim with BP, an adjuster will contact the claim holder. After being contacted by an adjuster, the claim holder may then go to the BP claims center to discuss their claim and damages. Claim holders must bring the following information with them to the claims center: a valid driver's license and fishing license, and any financial information or documentation including W-2s, trip tickets, receipts, or a letter of income from the ship's captain (if applicable;)Also See BP Oil Spill Claims Process Manual of May_26_2010.pdf ; .

The following is a list of claims centers as of May 18, 2010, which are all open seven days a week from 8:00am - 7:00pm:

Gretna/Belle Chasse - 2766 Belle Chasse Hwy, Gretna, LA

Pointe a la Hache - 15535 Highway 15, Pointe a la Hache, LA

Venice - 41093 Highway 23, Boothville-Venice, LA

St. Bernard - 1345 Bayou Road, St. Bernard, LA

Jean Lafitte - 2607 Jean Lafitte Boulevard, Lafitte, LA

Grand Isle - 3811 LA 1, Grand Isle, LA

Slidell - 2040 E. Gause Blvd, Suite 10, Slidell, LA

Chauvin- 5703 Highway 56 in Chauvin, LA

Bayou LaBatre - 13290 North Wintzell Avenue, Bayou La Batre, AL

Foley - 1506 North McKenzie Street, Suite 104, Foley, AL

Biloxi - 920 Cedar Lake Road, Suite K, Biloxi, MS

Pascagoula - 59012 Old Mobile Hwy, Suite 3, Pascagoula, MS

Claim holders who are experiencing difficulty with the claims center are encouraged to call their attorney, the Saint Bernard Emergency Operating Center at 504-278-4268 or Senator David Vitter's office at 866-345-0931.

If the claim holder is unable to resolve their claim with BP's claim center, the National Pollution Funds Center (NPFC) is available as an alternative at 800-280-7118. The claim holder must try and resolve their claim with BP before contacting the NPFC or attempting to file suit.

Other helpful numbers and websites regarding the April 20, 2010 BP oil spill include:

BP Claims Center: 800-440-0858

Environmental Hotline and Community Information: 866-448-5816

If you spot oil or oil sheen contact the Department of Health and Hospitals' Molluscan Shellfish Program: 800-256-2775

National Pollution Funds Center: 800-280-7118

Questions about the removal of oil: 504-565-5089

Registering your professional services: 281-366-5511

Saint Bernard Emergency Operations Center: 504-278-4268

Senator David Vitter: 866-345-4268

United States Coast Guard Joint Information: 985-902-5231

United States Small Business Association: 800-659-2955

Vietnamese American Oil Spill Victims Hotline: 504-814-0195

Volunteers: 866-448-5816

Wildlife Distress Hotline: 866-557-1401

Bp.com

Emergency.louisiana.gov

www.nguoi-viet.com

www.uscg.mil/npfc

www.bpoilspilllawblog.com

www.lavislaw.com

As a result of the April 20, 2010 oil spill many residents of Louisiana and other coastal states are developing needs for various services such as career advices, food, and financial assistance. The following is a list of contacts to assist you in accessing any needed assistance.

Small Business Services:

Seedco Financial Services: Provides financing for small businesses.

Locations: Southeast Louisiana Fisheries Assistance Center, 212 Ave G, Belle Chasse, LA; and Xavier University, 909 S. Jefferson Davis Pkwy, New Orleans, LA

Contact: 504-392-2454, 504-520-5727

Louisiana Small Business Development Center: Provides business counseling.

Locations: Southeast Louisiana Fisheries Assistance Center, 212 Ave G, Belle Chasse, LA; and UNO Jefferson Center, 3330 N. Causeway Blvd., Suite 447, Metairie, LA

Contact: 504-831-3730, 504-392-2454

Small Business Association: Provides loans to homeowners, renters, businesses, and non-profits to repair or replace real or personal property including business assets.

Deadline to Apply: February 7, 2011

Locations:

Plaquemines Parish: Southeast Louisiana Fisheries Assistance Center, 212 Ave G, Belle Chasse, LA; St. Patrick's Church Family Life Center, 28698 Hwy 23, Port Sulphur, LA; and Venice Boat Harbor Office, Tiger Pass Road, Venice, LA

St. Bernard Parish: Gulf Coast Bank & Trust Co., 1801 E. Judge Perez Dr., Chalmette, LA; and 7901 Hopedale Hwy, Hopedale, LA

Jefferson Parish: Grand Isle Community Center, 3811 Hwy 1, Grand Isle, LA; and LSBDC, UNO Jefferson Center, 3330 N. Causeway, Suite 422, Metairie, LA

Orleans Parish: Vietnamese Initiatives in Economic Training, 4655 Michoud Blvd., #D6 1st Floor, New Orleans, LA

Lafourche Parish: S. Lafourche Public Library, 16251 E. Main St., Cut Off, LA

St. Tammany Parish: 1330 Bayou Lane, Trailer 102, Slidell, LA

Contact: 800-659-2955, 504-392-2454

Social Services:

Catholic Charities: Provides food, counseling, employment and social services assistance.

Locations: St. Patrick Catholic Church, 28698 Hwy 23, Port Sulphur, LA; St. Thomas Catholic Church, 17605 Hwy 15, Pointe a la Hache, LA; and St. Bernard Community Center, 1519 E. Judge Perez Drive, Chalmette, LA

Contact: 866-891-2210, 504-281-2627

WIC Programs: Provides certain food items for families

Locations: Port Sulphur Clinic: 26853 Hwy 23; and Belle Chasse: Health Unit on Main Street

Contact: 504-247-0592

SNAP (Supplemental Nutrition Assistance Program): Provides food stamps

Locations:

Plaquemines Parish: St. Patrick Catholic Church (Mobile Unit), 28698 Hwy 15, Port Sulphur, LA; Council District 1 Office, 15535 Hwy 15, Port a la Hache, LA; and Venice Boat Harbor, 41093 Hwy 23, Boothville, LA

St. Bernard Parish: St. Bernard Community Center, 1107 LeBeau St., Arabi, LA; First Baptist Church, 305 East St. Bernard Hwy, Chalmette, LA; Louisiana Workforce Commission, 8201 W Judge Perez, 2nd Floor, Chalmette, LA; and Ducros Library and Museum (Mobile Unit), 1345-1347 Bayou Rd., St. Bernard Village, LA

Jefferson Parish: Grand Isle Community Center, 3811 Hwy 1, Grand Isle, LA

St. Tammany Parish: Louisiana Workforce Commission, 316 E. Howze Beach Rd., Slidell, LA

Contacts: 504-361-6111 (Plaquemines Parish), 504-599-1700 (St. Bernard Parish), 504-599-1700 (Orleans Parish), 504-361-6111 (Jefferson Parish)

Employment Services:

JOB 1: Provides job placement for work related to the oil spill

Locations: 2330 Canal Street, New Orleans, LA; and 3520 General Degaule Dr., New Orleans, LA

Contact: 504-658-4500

JOB 1 Website:

BP Vessel of Opportunity: Hiring workers and boats to work on oil spill clean-up

Locations: TBA

Contact: 281-366-5511

Email: HorizonSupport@OEGLLC.com

OSHA: Provides information and enforcement for workers rights

OSHA Website:

Photo courtesy of Louisiana Department of Wildlife and Fisheries

NOAA has extended the boundaries of the closed fishing area in the Gulf of Mexico into the northern portion of the loop current as a precautionary measure to ensure that seafood from the Gulf will remain safe for consumers. Though the latest analysis shows that the bulk of the oil remains dozens of miles from the loop current, the new boundaries address the possibility that a tendril of light oil has entered or will enter the loop current.
The closed area now represents 45,728 square miles, which is slightly less than 19 percent of Gulf of Mexico federal waters. This leaves more than 81 percent of Gulf federal waters--or nearly 195,000 square miles--still available for fishing. The closure will be effective at 6 p.m. EDT. Details can be found at http://sero.nmfs.noaa.gov/.