Pots, kettles and oil, all black…
In the latest from the MDL litigation, Transocean, the owner of the Deepwater Horizon, alleged that their contract with British Petroleum, the leaseholder of the Macondo Well, had indemnified them against any liabilities for pollution underneath the surface of the Gulf, and also against any civil penalties under the Clean Water Act or punitive damages from being declared grossly negligent. British Petroleum, of course asserted otherwise, as did the US Department of Justice.
Well, yesterday Judge Barbier issued his rulings. He decided the contract did indeed clear Transocean from those damage claims occurring below the surface of the water, it is British Petroleum who will be the responsible party for pollution damages from the 4.9 million barrels that leaked directly from the Macondo Well. Barbier also ruled the contract did not shield Transocean from any liability for punitive damages should their company be declared grossly negligent, nor did it indemnify them from any potential civil penalties under the Clean Water Act.
Transocean, of course, declared this ruling a victory, “This confirms that BP is responsible for all economic damages caused by the oil that leaked from its Macondo well, and discredits BP’s ongoing attempts to evade both its contractual and financial obligations. Transocean is pleased to see its position affirmed, consistent with the law and the long-established model for allocating risks in the offshore oil and gas industry…”
This only makes sense.
You see, BP was trying to skirt their responsibilities under the law and Barbier set them straight.
British Petroleum also felt themselves to be quite victorious, “Today’s ruling makes clear that contractors will be held accountable for their actions under the law. While all official investigations have concluded that Transocean played a causal role in the accident, the contractor has long contended it is fully indemnified by BP for the liabilities resulting from the oil spill. The Court rejected this view…”
This too only makes sense.
You see, Transocean was trying to skirt their responsibilities under the the law and Barbier set them straight.
And with spin factories so readily engaged, victory toasts were had all around.
Executives clapped lawyers on backs and lawyers hit speed dials to their favorite banking institutions to check account balances.
And with all these companies claiming all these victories over all these decisions, when the dust settled and the cheering finally dissipated into idle conversations about Super Bowls and stock options, it was almost kind of easy to forget that when it comes to this catastraphuk that unleashed 4.9 million barrels of oil after an explosion that killed eleven people, just how there really were no victories to be had here…
When it comes to the worst environmental disaster to hit the United States, British Petroleum had a hand in it, and so did Transocean, and for that matter so did Anardarko and Halliburton…and no matter how Barbier ruled yesterday, not one person from any of these companies has yet to spend a day in jail.
So yeah…Transocean claims victory. British Petroleum claims victory. Transocean calls British Petroleum liable and vice versa, yet eleven people are still dead while thousands of others still wait to be made whole, and all cheering aside, that’s something someone should be liable for…criminally.
Read the article:
Judge says Transocean will be shielded from paying pollution claims
Have a nice day.
BP: Cleanup, restoration and data-tampering lawsuits…
August who? Nope...never heard of such an incompetent, lying son of a bitch...why do you ask?
When an employee of BP refuses to go along with the corporate narrative that all’s swell with Gulf cleanup, does BP change the narrative to make it more accurate? Does it admit there may be some problems, that they might not have done everything they promised to do?
No, instead they run some feel good commercials enforcing their narrative about Gulf health.
Oh…and that employee?
Fired.
So says a lawsuit for wrongful termination filed by August Walters, a former employee of BP’s Gulf Coast Restoration Organization (GCRO) as State Planning Lead “for the purpose of developing a descriptive plan to accomplish the cleaning of oil caused by the BP spill.”
From the article:
According to the suit, Walter’s job involved creating plans for the clean-up, known as Shoreline Treatment Recommendations (STR), which were prepared and approved with the oversight of the U.S. Coast Guard Federal On-Scene Coordinator (FOSC) “to be in compliance with federal and state environmental rules and regulations.” BP would then be responsible for implementing the plans. But, Walter claims, in May and June of 2011 he “began to convey his concerns that BP Mississippi operations were intentionally not following the plans for clean up delineated by U.S. Government, the Coast Guard and the Department of the Interior.”
“Cory Brown, BP’s Deputy Operations Branch Director/Response Lead conveyed that he was defying the [recommendations] by insisting that BP was only picking up tar balls and not other smaller oil debris as required by the” Shoreline Treatment Recommendations. In September of last year, Walter told BP that he was required to inform stakeholders that the company was not following his recommendations.
And, what allegedly followed next is what one might expect from British Petroleum…a campaign to discredit Walters within the company, the suggestion that the data should be skewed because to move from cleanup plans to restoration plans would be good for the company stock, and threats that he was being watched, so if he continued to do his job correctly, lawfully, he would be reported to his superiors.
On November 3rd, according to another article, Walters was called into a meeting with BP’s vice president of operations, Carla Fontenot who informed him BP’s primary objective was to gain the confidence of the Coast Guard so that cleanup could move to another phase even though BP was still in violation of the cleanup plan.
By November 8th when Walters still had not complied by skewing data, he was placed on leave.
On November 9th, he was fired.
Oh, and also on November 9th, BP and the Coast Guard announced that 90% of the oil had been cleaned up and BP said it was moving from cleanup to Gulf restoration.
And months later, articles continue to appear in various newspapers, questioning this change from cleanup to restoration when oil continues to wash ashore, hinder wetlands and lie in tar mats on the seafloor, just waiting for the next storm to bring it all up on the beaches again, especially when this change to restoration no longer holds British Petroleum accountable for long-term monitoring or continued cleanup of the beaches.
As Garret Graves, Louisiana Coastal Protection and Restoration Authority Chairman, puts it:
“The whole discussion goes back to legacy response,” Graves said. “You have more oil unaccounted for right now than was spilled during the Exxon Valdez. Tell me what would happen if the Coast Guard in Alaska had said, ‘We’re not going to clean this up. Let it naturally degrade.’ ”
Read the articles:
Lawsuit Claims Former BP Employee Was Fired For Refusing To Skew Clean-Up Data
Fired Over Cleanup Data, BP Worker Says
Have a nice day.
A lesson in spin…oil spills and states of unions
Liars telling lies to people who want to be lied to - both parties, every last one of them...well, God bless America
It really is this simple:
At the height of British Petroleum’s catastraphuk…the scientists involved from the U.S. Geological Survey (USGS) were estimating at least 25,000 barrels per day were gushing from the well.
But, the National Incident Command suggested they report the flow rate to be between 12,000-25,000 barrels per day.
And a White House Communications person suggested they report the flow rate at 12,000-19,000 barrels per day.
However, part one:
Both would have been a lie, because as previously noted the USGS were estimating a minimum of 25,000 barrels per day and now…21 months later…the above-mentioned facts come out, that the White House was trying to downplay the amount of oil flowing into the Gulf of Mexico and unlike 21 months ago, nobody’s really paying attention anymore so it’ll be pretty much like it never happened…even though, all their bullshit obfuscations resulted in a less effective response to this spill.
Hey, it’s all politics, baby.
However, part two:
So then, tonight, when all over the fucking television will be Mitt Romney giving his pre-State of the Union Speech to be followed by Barack Obama giving his actual State of the Union Speech, to then be followed by Indiana Governor Mitch Daniels giving a GOP rebuttal to the State of the Union Speech – what one might ask is what will all these asshole politicians be lying to you about now?
And do you really care?
And if you do care, what are you willing to do about it?
Read the articles:
Misunderestimating the BP Oil Spill
Obama officials pushed to underestimate Gulf oil spill
Have a nice day.
Everybody to blame, but me…
How could they make it any more clear, I mean...who the hell is this O'Rourke guy? I wouldn't hire him either...
So, in determining guilt and any possible fines under the Clean Water Act, welcome to another day in court, another episode of the 3 Stooges, starring BP, Transocean and Anadarko…Please, follow along and keep in mind that of course, no one is to blame except for everybody else.
Duh…
First, allow me to introduce Department of Justice Senior Attorney Steven O’Rourke who explained how simple this all should be under the Clean Water Act – “Any person who is the owner, operator, or person in charge of any vessel … or offshore facility from which oil is discharged” will face Clean Water Act fines.
Okay, so British Petroleum is part owner of the lease to the well, and operator of the Deepwater Horizon, Anadarko is also part owner of the lease while Transocean owns the rig.
And, O’Rourke continued, “Each defendant admits that the oil came out of the well through the blowout preventer riser and was discharged into the Gulf of Mexico. They’ve admitted they were owners and they’ve admitted the discharge from the well.”
Well, that was easy enough…all three, guilty as fuck – so moving on to the amount of the fines…
Uh…what? Not that easy? Who says its not that easy?
Oh right…
The lawyers…
David Salmons, lawyer for Anadarko said no way, man…Anadarko can’t be held liable because they are part owner of the well and the oil, it discharged from the Deepwater Horizon and since they had no control over operations onthe rig, and since the oil can’t come from both the vessel and the well, it obviously came only from the vessel.
Not guilty!
Andrew Langan, lawyer for British Petroleum said no way, man…the oil couldn’t have come from both the well and the vessel, we agree with Anadarko about that and the oil, it definitely came from the vessel and Transocean owns all that shit.
Not guilty!
Kerry Miller, lawyer for Transocean said no way, man…they are only liable for the oil that made it to the surface and all that subsea oil, you know, almost all of the oil unleashed into the Gulf…it all belonged to both British Petroleum and Anadarko who leased the well, so send them the bill, not us.
Not guilty!
And there you have it…4.9 million gallons of oil discharged into the Gulf of Mexico and the only person anyone can say for sure did it, was anyone else but me.
But wait, Mr. O”Rourke then decided to try again, do his best to summarize it for the Judge: “Transocean is saying it came from the well so BP and Anadarko are liable; Anadarko and BP are saying it came from the vessel so Transocean is liable. The government says all of them are correct. They’re all liable.”
Sigh…
I know!
It’s like he didn’t hear a single thing the other lawyers said at all…
No wonder he works for the government, obviously way too dim to work for any of these plaintiffs.
Read the article:
Gulf Oil Spill Could Bring Up to $20B in Fines
Have a nice day.
The fear of not knowing…
"Boy...glad that's over..."
“We all knew we were experiencing health problems, but if you don’t have money and access to health care, it’s a win for BP,” said Carol Farmer, 52, of Milton. “No one knows about us, and BP can brush it under the carpet.”
Not knowing.
The country remains largely unaware of health problems occurring to cleanup workers and others in the Gulf of Mexico and those that are sick, don’t know for sure the extent of their illness…or what they can do about it.
That’s a whole hell of a lot of not knowing, and that makes a whole lot of fear. Hoping to help, the National Institute of Health is doing a long-term study of health problems in the Gulf, especially focussed on the clean-up workers and at a recent workshop in Gulf Breeze, 100 or so people showed up to take part, including Carol Farmer. The goal of the workshops and community meetings is to enroll up to 55,000 of the 150000 cleanup workers. Individuals participating in the health screenings will be told of any health problems and referred to doctors or clinics who can treat them at low or no cost.
The goal of the study is to better determine how to handle oil spills in the future.
That way, hopefully, there will be fewer problems such as:
Eddie Casanova 46, of Fort Walton Beach, said the whole left side of his body has rashes and bumps that came up after he began working the oil spill on Pensacola Beach, Fort Pickens, Johnson Beach and Pensacola Naval Air Station in 2010 and 2011.
Or…
Charles Everhart, 60, was on one of the first cleanup teams to hit the beaches in the summer of 2010 when the air was full of noxious fumes from the oil washing in from the Gulf of Mexico. Since then, he’s been having eye, respiratory and throat problems, “I used to jog three miles a day,” he said. “Now, I can’t run a block without huffing and puffing.”
Or…
Many others in the crowd who worried about immediate health problems…problems they say are being dismissed by doctors or left untreated because they can’t afford medical treatment or don’t have insurance…
Yes, money…again, money…always, money…
Money’s the reason BP won’t entertain too much discussion about health problems as it might open their company up to litigation or liability, and money’s likely the reason why Feinberg, unlike his fund for Agent Orange and 9-11, is demanding proof of causality in order to make a health claim against the GCCF, something very, very difficult to do…
But, not everybody is dealing with so many worries as BP CEO, Bob Dudley reports:
“BP added exploration prospects equivalent to an area the size of Italy, an unlikely outcome given the firm’s role in the Deepwater Horizon disaster. ‘One of the surprises is that I thought we would have a more difficult time taking on exploration roles,’ the American said. It’s been the best year in 30 years for increasing exploration acreage for BP’, he added…”
Yessir…
BP and Bob Dudley crow away about how they’re back in business, making big profits, expanding…while many of the people their spill hurt, or made sick are still in the dark waiting…wondering…unable to afford medical treatment or the peace of mind contained in knowing when it will also be their time to finally get their lives back…
You know, just like Bob.
Read the article:
BP oil cleanup workers focus of health study
Have a nice day.
Fast and furious…$25 billion dollars, and Barbier and Buddy change their minds…
Know what they call a grin like that?
The headlines, they be a coming…fast and furious out of the Gulf these days, especially in regard to pending litigation when it comes to that pesky MDL…
Back on December 28th, Judge Carl Barbier issued a ruling which required 4% of any settlement with BP or the GCCF to be deposited into a fund, which would then be used to pay attorneys in the plaintiff steering committee. This ruling set off a firestorm of complaints…from claimants involved with the GCCF to politicians concerned about the impact on coastal recovery funds to Louisiana’s very own Attorney General, Buddy Caldwell, who quickly staked out this position regarding said ruling:
“…Setting aside 4 percent of legal settlements could put money for the state’s environmental and economic recovery at risk, forcing the state to dip into its treasury to meet federal match requirements for environmental restoration projects. He also argued that diverting money from ecological projects to pay attorneys could violate federal environmental laws. He further said that forcing the state to work through the plaintiffs committee trampled on state sovereignty and could violate Louisiana’s ban on paying contingency fees to outside attorneys…”
But…faster than one can say personal integrity, Caldwell recently switched positions this past Tuesday, saying he now:
“…would support holding back 4 percent of state financial recoveries from the Gulf of Mexico oil disaster to fund the work of the committee of plaintiff attorneys at the helm of the litigation.”
And though his office would give no official explanation for why he switched, it has been noted that now…
“Caldwell will also assume a new higher-profile role in the consolidated litigation over the oil spill, and will join Alabama Attorney General Luther Strange as co-coordinating counsel for state interests.
Nice…is it just me, or is there an undeclared competition occurring in the Gulf between the various oil companies, judges, politicians, governmental agencies, attorneys and Feinbergs to see who can be the most vilified? Or are they just taking turns at this? Seems so…
Anywhoo, the headlines keep coming…
Morgan Stanley said today that British Petroleum may reach a settlement with United States for as much as $25 billion dollars from the Deepwater Horizon catastraphuk. This settlement would include civil charges, criminal penalties and fines under the Clean Water Act. On February 7th, BP will announce its fourth quarter profits and it is expected the settlement will occur shortly thereafter…yes, yes, yes…both British Petroleum and the Department of Justice appear to be weighing the odds of actually going to court and the risks involved, figuring that a quick settlement may be the safest bet…for them.
And still more…
Back at the MDL, Judge Barbier, continuing to make things up as he goes, has now decided the people settling with the GCCF will not have to set aside 6% of their settlement for the plaintiff steering committee fund. Originally, Barbier felt that this street gang of politically connected attorneys had done so much to help Feinberg’s GCCF process, they deserved a cut of the action, but apparently he took another look and realized that really, they hadn’t done shit, so they’re out of the claimants pockets…unless, the claimant was going for the best of both worlds by filing short forms in the legal process while also exploring their settlement options with the GCCF…they still gotta pay that 6%, even if they ultimately decide to take an offer from Feinberg.
But…stay tuned until next week to see if Barbier changes his mind again…
It could, and probably will happen…
Ahh….such is life in the Gulf…
Have a nice day.
Dear Chris Dodd of the MPAA…SOPA/PIPA NSFW version
Cash your check!
Hey Chris…
It’s me, Drake…
Just letting you know I haven’t forgotten what a whore you are/were for your big buddies of capitalism, those corporate cronies idolized in your wistful wet dreams of power that left you swooning so hard, you just had to become one more pathetic lobbyist…
A lobbyist…do the world a favor and step on the third rail!
So, now you work for the MPAA?
Okay, fuck you and SOPA. Fuck you and PIPA.
You and your bullshit legislation have been revealed for what it is, an end run around due process, and you and your cohorts are no more than a censorship loving, greedy bunch of assholes that would just as soon burn the internet to cinders if you don’t get your last goddamned royalty dime, a cause which you claim to have taken up for the artists…the artists!
Since when do you corporate assholes care about artists?!?!?
Please…fuck you, you fuckers!
Oh, and Chris?
Thanks for being just one more asshole congressman who sells their soul to whatever corporation for their own profit at our expense. May I someday run into you to personally laugh at your utter lack of integrity…and just in case you’re wondering if I’m one of those people who maybe gets meek when actually running into the kind of prick who feels their practiced political grin somehow insulates them from their hypocrisy, just enough, so they don’t actually get called out in front of whomever happens to be there at the time? Umm…nahhh! I would be glad to do it. I would be glad to follow you and the other bastards just like you around everywhere you go, slashing your car tires, shaving your heads, dumping every plate of food you order on the floor and throwing every drink you buy in your pasty white face…right before I officiate over your getting dragged out of whatever French Quarter bar by your red, white and blue tie, into the street where your face is pushed into authentic, mule shit, in front of the hotel where Elvis Presley shot a scene from King Creole…
Fucker…
And when you wake up in the morning, stand at the bathroom mirror all steamed up and in a towel…wondering just what has gone wrong with this country?
Recognize, you ass! It’s you! People just like you!
You tell yourself this, you explain to yourself that, you rationalize every last shred of your decency for the profit of your next pimp and…integrity? You got no clue what the word even means, you ridiculous disaster of a human void and I got no problem telling you what you’ve become…
Asshole!
Fucking MPAA, RIAA…you serve no purpose but censorship and profit for everyone but the artists!!
In other words…you’re useless, you and your compromised beliefs, if you ever had any you stood by in the first place…
Sincerely,
- Drake
Oh, and God Bless America…
Have a nice day.
A little personal indulgence today…
So, about five years or so ago, I’m walking up Van Ness Ave in San Francisco a few blocks from my apartment and I come across this line for a show at the Regency Ballroom, stretched round the block, and I was fascinated by the mix of people – you had punks and metal types, hippie wannabes, hipsters and rap stars.
I crossed the street to find out who was playing, and I was told, “Mindless Self Indulgence.”
I’d never heard of them, but I went home and went online to find out who they were, and despite the fact they can be just about as offensive lyrically as it can get, I was hooked.
The show was sold out that night, I checked, and disappointed, I’ve been waiting for them to tour ever since…
And now, that wait’s come to an end.
Got my tickets…
Enjoy.
Mindless Self Indulgence – Clarissa
See you tomorrow and have a nice day…
-Drake
Saints vs. the Ghost of Mike Nolan…
Not the 49ers quarterback...
Ed update… I’m really not happy with Greg Williams…and Roby back on a return? WTF?
Having lived in both New Orleans and San Francisco, and having plans to move to San Francisco in eleven weeks, one might think I might be a bit conflicted about the playoff game today between the Saints and the 49ers…
One might be wrong.
Yes, I love the City by the Bay, it’s one of the more interesting places I’ve ever been, both as a social worker and writer…but when it comes to the 49ers…nahhhh. One of my favorite memories from that team was the 2005 draft when Mike Nolan, the then 49ers coach stunned the whole damned city by choosing Alex Smith with the #1 pick that year. You see, Mike was a bit of an egomaniac, along with being a rather shitty coach and he apparently felt he might have a personality conflict with the quarterback the entire city wanted him to draft, the quarterback from the California Golden Bears.
And Mike Nolan certainly didn’t want a personality conflict on his team, so he took Alex Smith instead of Aaron Rodgers.
Yeah, it turned out well.
To this day…there are people in San Francisco who still complain about the idiocy of that pick, and rightfully so, but as a fan of the Saints, I had no problem with it whatsoever and still don’t. Thanks Mike…may your ghost still grimly stumble about Candlestick to be spit on by angry San Franciscans, well…at least until the 49ers move to Santa Clara in a couple of years and become one of those teams that identify with their city by name only, kind of like the West Coast version of the New Jersey York Jets…
The New Orleans Saints…staying true to their fans and true to their city, and the team who had a head coach smart enough to take the right quarterback…
Enjoy the game everybody…
Who Dat!
Not the 49ers quarterback either...
Go Saints!
Quick legal question about mudholes and assholes…
Tennessee State Rep. Richard Floyd (R)...please, join me in weeping for another in a long line of persecuted Christian white men in America.
So, if a state representative from Tennessee says the following about any possible encounter with someone transgendered in a dressing room:
“I believe if I was standing at a dressing room and my wife or one of my daughters was in the dressing room and a man tried to go in there — I don’t care if he thinks he’s a woman and tries on clothes with them in there — I’d just try to stomp a mudhole in him and then stomp him dry. Don’t ask me to adjust to their perverted way of thinking and put my family at risk. We cannot continue to let these people dominate how society acts and reacts….”
Am I then free to respond by saying to Rep Floyd how it is my sincerest hope I may someday encounter him, outside a dressing room, when someone transgendered tries to enter, so that if he does lay a finger upon this person, I could then lay ten fingers upon him until he is a writhing mass on the ground outside said dressing room?
Or, would saying something like that be illegal, you know, because he holds elected office? Just curious, just asking, because I wouldn’t want to get in trouble for writing what some might construe as a threat to a politician in response to him threatening Tennessee citizens.
So, help me out people…is it wrong to point out another small man, living in fear, whose only courageous act is to brazenly exhibit his worst character traits and utter ignorance when it comes to stepping outside his own, immediate worldview, and then shake my head, annoyed with the abject idiocy of the people some of my fellow citizens deem worthy of holding elected office?
Please, let me know…I don’t need a hassle and I don’t want to break any laws, even by accident.
Have a nice day.
