Disenfranchised Citizen

Now featuring New Orleans, Politics, Music, The Saints and Oil Leaks…

Archive for the ‘Disenfranchised’ Category

On Koch: Mental health, Martin Luther and martyrs…

leave a comment »

Martyrdom? I could build you some crosses...

It would seem if one wanted to get an idea of a person’s mental health, about their emotional disposition, one thing to do would be to take a look at their reactions to receiving hundreds of death threats. Would they brag about it in the media? Would they become introspective? What would they do, especially if they were very wealthy and a captain of industry and the founders of Tea Party activist group called (couple of) Americans for Prosperity?

Well, now’s our chance to find out…

Charles Koch recently gave a phone interview where he said, “We are under attack from various directions, both with threats of violence against us personally, and with threats of attacks on our business.”

Okay, so like I wrote, if one receives death threats, a lot of death threats, it would seem there are a couple of ways to go with this…

1.

Stop a moment and think, why do all these strangers hate me so much, what am I doing that they consider so wrong? Is there anything I want to change about these practices or at least, perhaps, really listen for a moment to what to others might be saying?

2.

Ignore all that by way of megalomania, and then proceed to take a martyr position.

So, let’s see what happens…

“The threats,” Charles Koch continued, “are obviously worrisome to me, but I kind of relate to what Martin Luther said ‘Here I stand; I can do no other’…the importance of helping to save America from a financial disaster that is going to hurt everyone…the threats against us are nothing compared with that disaster, if we fail…”

Jesus…so I suppose we know which way he went on that one.

Yep, Koch then goes on to say how continued spending will cost America its competitive edge, and lead to the decline of its culture and political system…

Interesting…

Interesting that he leaves out the part about our competitive edge diminishing because our nations schools are falling apart over lack of funding, our culture is imploding in part due to lack of cultural programs in our schools, again because of lack of funding and our political system? Well, the majority of Americans believe it’s a shambles in large part because of decisions like Citizens United which allows people like the Koch Brothers to form Super PAC’s and flood election campaigns with corporate money for corporate favors, all the while drowning out the voices of your average everyday American…and, of course, when tax codes and loopholes are kept in place to allow the wealthiest in this country to not pay their fare share, this is when we run into all this economic inequality and revenue problems that lead to all this lack of funding for education and basic needs which then destroys our competitive edge…

But them’s just details.

Not to mention, Koch gave this phone interview from Koch Brothers headquarters in Wichita, a city in a county doing so well financially they recently had to stop prosecuting domestic violence cases because the county cannot afford to prosecute them any longer…

So, I don’t know…

If Koch really wants to play martyr, maybe his significant other could just, you know…because it’s not like she’d be prosecuted.

Read the article:

Charles Koch, employees reveal e-mailed threats from past year

Have a nice day.

History’s telling me to not get excited about passage of the oil spill fine amendment…

with 2 comments

Very excited about not only the amendment, but Congress too...

A recent editorial in the New Orleans Times-Picayune celebrated House Passage of an amendment to the transportation bill which mandated 80% of Clean Water Act fines levied against British Petroleum for their catastraphuk be earmarked to the Gulf States who suffered the damages. The editorial called this first step important. It noted how this was the House of Representatives making a public commitment to the Gulf Coast and never shall it be torn asunder.

I would love to be so optimistic.

I really would, but I can’t. History just won’t allow it.

Back in April of 2010, very soon after the Deepwater Horizon exploded, we were greeted with congressional slogans and promises by so many members giving impassioned speeches from the floor or telling any media outlet they could find just how they would take immediate action to ensure something like this oil spill would never happen again.

We’ll make drilling safer! We’ll make it clean! As your elected Congress, we will not rest until we fix the problems that led to this horrible, ongoing disaster…

blah…blah…blah…

And what laws were passed?

Essentially, none…in fact, what happened was quite the opposite as new laws were voted on which would accelerate the rate of drilling and open up newer, more sensitive areas to oil exploration all the while listing the same safety precautions that failed in the Gulf as their rock-solid protection against any future spills. So, with that recent history, you’ll have to pardon my lack of enthusiasm when it comes to passage of this amendment, because I just ain’t buying it this time. I want it to, but I have my doubts it’ll happen like they say, uh-uh, too easy. Congress is way too distracted with their endless pursuit of politically winning nothing at the expense of the other party.

But wait a minute, to be fair, it did pass and that’s something…right right?

Right, even though the amendment doesn’t actually authorize any payments, it only requires that the money be placed into a special fund. It is the RESTORE act, yet to be passed, which will do the dirty work of allocating these funds to the states. That’s when the politics will really come into play I fear – How much money does each state get? What can the money be used for, and how much? What do the states, and then the counties and then the towns have to do to get this money? And when do they get it?

Republicans will probably want to earmark as much money as possible for commercial development purposes at the expense of the overall environment, while the Democrats will be focused more on actual coastal restoration, and that’s when this whole thing will get so complicated, and so politicized and overwrought we get delays, name-calling and other assorted grandstanding bullshit on various news channels, so much so the whole process will take so much longer than it needs to, playing games with time the Gulf Coast is running out of.

Oh, and let’s not forget that the amendment itself was attached to a bullshit transportation bill which would not give enough money to maintain highways and roads, wind up cutting funds to public transportation all while it opens environmentally sensitive areas for more oil drilling, not to mention the bill also authorizes the Keystone XL pipeline, which the President has already come out against…

In other words, this bill is terrible and shouldn’t pass. This isn’t a first step, this is a political ploy and a dodge by the House of Representatives.

Can’t you just hear it?

Gosh golly gee, Louisiana, we wanted to give you guys all that money, but the Democrats and that damned White House…well, they said no way and voted us down…but we tried.

Right, though another way of putting this would be how hopefully, the Democrats refuse the GOP’s blackmail tactics, the same shit they’ve been running for the past year with the whole government shutdown, deficit reduction and ceiling, super committee give us everything we want or you get nothing…well, until the payroll tax extension blew up in their face.

Even the author of the amendment, Steve Scalise, isn’t making a whole lot of sense:

“Now that the House is on record supporting the dedication of these fines to the Gulf Coast states and to fully restoring the ecosystems and communities of the region, we will continue pressing forward with our colleagues in the Senate to pass the entire RESTORE Act into law.”

Again…so what if the House is on record? Who’ll call them onto the carpet if they change their minds, or water the amendment down, make it 60% or maybe 55% because you know, we have a deficit and those are federal funds…and Louisiana? You’re America’s sewer anyway so you’re used to getting screwed…oh, and on those same lines, I would appreciate if Mr. Scalise could explain to me just why the hell I’m supposed to suddenly believe the GOP House is committed to restoring ecosystems?

Since when?

These are the same guys who are pushing forward the wholesale destruction of mountains in Appalachia, not to mention the poisoning of our nation’s water supplies through natural gas fracking. The destruction of ecosystems is kind of a GOP trademark. The Democrats aren’t innocent either, but at least they pretend to care and pass half-measures. Hell, the House GOP wasted how much time bringing back incandescent light bulbs?

Restore ecosystems…right.

And at what point does Eric Cantor finally find himself a microphone and demand spending cuts to offset this money because even though the cash’ll be coming from BP, it would normally go to the Federal treasury so in not doing so this time around, isn’t that really additional Federal spending, albeit indirectly? So we better cut Medicare, Social Security and oh, why not food stamps this time if you want your money. Why wouldn’t he try it? This is the same high-strung yuppie villain who initially demanded offsets for disaster funding going to tornado victims in his own state, and he’s in the House GOP leadership.

You really think he cares about states he doesn’t live in?

So yeah, the editorial board at the Times-Picayune calls this amendment an important step forward, and I want to believe it but I have to disagree. I think right now, I can’t consider this more than wishful thinking…because if there’s one thing we know to watch out for when it comes to the first steps of politicians, it’s to dodge immediately left so you don’t get run over when they take their two steps back.

Read the articles:

Oil spill fine amendment through House but much work remains

Congress takes a step forward on BP fines: An editorial

Have a nice day.

Say it with me GOP…

leave a comment »

Oil companies? What? Now excuse me, I need to get to my church where I'm signed up to volunteer at the soup kitchen tonight...

So, when the House of Representatives proposes to cut guaranteed funds from public transportation which will cause city transportation systems to run in the red, thus requiring cities to raise bus/train/subway fares, fare increases which disproportionately affect poorer residents…

What do we call that?

It’s called a tax.

More specifically, it’s called a regressive tax on the poor, people otherwise known as those who can least afford a tax right now.

And, when the House of Representatives, also as part of their transportation bill, proposes to open nearly all coastal waters to oil and gas drilling, including those places which are environmentally fragile for the stated purpose of raising revenue to pay for the transportation bill, despite their continued, steadfast support of subsidies for oil companies which already are making money hand over fist…

What do we call that?

It’s called a giveaway, a non-starter.

More specifically, it’s called taking money from the poor to give to uber-wealthy corporate campaign donors for the benefit of nobody but GOP Congressman and the masters they bow to, all at the expense of America.

In other words, Boehner’s bullshit transportation bill is just one more piece of manufactured garbage intent on giving more breaks to those who don’t need it while breaking the backs of those who are struggling.

Read the article:

A Terrible Transportation Bill

Have a nice day.

This week, it was not Jindal’s fault…

leave a comment »

I shit you not, Chuck Norris's balls are this big! I know! I've seen them! In the helicpter when we were fighting the oil spill!

Quite the week for Mr. Jindal.

Bobby goes to CPAC.

Bobby releases his budget for Louisiana.

Bobby blames everybody but Bobby for all the criticisms levied against the decisions and policies of Bobby.

Gotta feel for the guy, though…it must be difficult to be the only reasonable man in not only Louisiana, but the United States…the only true conservative, the only one willing to fight for the Louisiana coast he didn’t really care about until he saw the possibility to earn political points by developing a sudden, long-standing love of all things nature and fighting and Obama sucks and aviator sunglasses badassery!…oh, and the only man to care so much about fiscal responsibility, he’s willing to make the hard choices that fuck the poor out of health care and he had to, because those health care providers and bureaucrats just didn’t listen to him, didn’t plan and since they didn’t, who would Jindal be to try to remedy the situation and ensure his state’s citizens are cared for? Certainly not a benevolent leader of any sort, after all, his hands are clean and leadership is only for brief moments when one gets to ride helicopters and criticize the federal government…

Ah, but I’m rambling…let’s review, shall we?

Jindal went to CPAC and told a rabid crowd how badly Obama screwed up in the oil response, how he had “wasted precious time while that oil was coming to our coast, they refused to listen to the people who lived along the coast that knew better than the experts.”

Yeah, Obama was the only idiot in the Gulf. Because Jindal certainly never signed off on an emergency plan filed by BP which included the names of dead scientists to be contacted in case of an oil spill. Jindal never pushed forth a plan to create sand berms which not only wouldn’t stop the oil, but would also wash back into the Gulf and wouldn’t you know it, happened to make a profit for the Shaw Group, one of Jindal’s campaign donors.

Mere details, details not included in his speech because obviously, none of it was Bobby’s fault, it was Obama. If Barack Obama had just given Jindal what he needed, when he needed it, the damages from the spill would have been entirely mitigated, because for years Jindal and his cronies sat around the governor’s mansion anticipating the breach of the Macondo Well. They were all over that shit. And of course Jindal didn’t contrast democrat Obama’s horrible BP response with Bushco’s republican wonder works after Katrina…if it were to be asked, he would probably call the comparison irrelevant, not even worth a comment, not to mention politically unpalatable.

Next, Jindal proposes a new budget for Louisiana that not only privatizes everything he can get his hands on (because if there’s one thing we’ve learned since 2008, it is the efficiency and success of private industry, you know, like all things financial market and banks and auto industry and Standards and Poverty) he figures in more cuts to public health and surprise! No more cuts to higher education.

When it comes to state health, Jindal is calling for the removal of $34 million dollars in funds to the LSU network of public hospitals and clinics serving the poor and uninsured. Thousands of people receiving care from LSU would have to look for care elsewhere, where there is none, and hundreds of hospital workers would be laid off. LSU of course expressed disappointment in this development while Jindal’s health care secretary blamed LSU for recklessly overspending and blaming the administration. Also, Jindal proposes to cut reimbursement rates to doctors who work with Medicaid, but relax, politicians love to say, they’re not cutting even more services, just provider rates which…shhhhh, make doctors stop offering medicaid services in order to not go bankrupt, thus depriving health choices from the poor, yet again, so the poor, fucked again, but who cares in these times of austerity? Certainly not Bobby, All he knows is it certainly isn’t his fault LSU cared more about providing services and less about the budget. These are tough times! These are times of sacrifice! Jindal is more than willing to prove his conservative bonafides by balancing his budgets on the backs of the poor so what makes LSU’s public hospital so immune, so special?

Maybe if they served more rich people, they’d be in better financial shape.

Anyways, onto higher education which Jindal will not cut in this current budget and we certainly could applaud this, especially if we choose to forget the past three years, but maybe the reason he didn’t cut funding to colleges and universities this year is he already took everything he could over the past three…all $251 million dollars worth. Perhaps he’d been informed that if he cut anything else, the colleges were going to have to steal manufacturing jobs from the prisons, requiring students to work two hours a day in the gymnasiums making gloves or running call centers, the profits from which universities could then use to offset  further cuts to their budgets.

Hey, didn’t Jindal also say he was going to sell prisons in this new budget? So maybe there will be manufacturing contracts available after all.

Sigh…

Yes, it’s Jindal’s Louisiana…where quick, reactionary answers are proffered for any question.

BP oil spill?

Obama did it, or at least he applauded it and did very little while Bobby hung from a helicopter in a bomber jacket, sporting cool shades  and a bucket bailing out the Gulf with the help of Chuck Norris!

Denying health care to the poor?

That’s got nothing to do with Bobby. That’s LSU’s fault for not working harder to craft a more stringent budget and take on their own responsibility in denying healthcare to the poor. And hey, if those doctors decide to stop offering medicaid services because politicians like Jindal keep starving them out through reimbursement rate reductions, well, that’s on those greedy fucking doctors and their love of not declaring bankruptcy.

Funding higher education?

Hey, Jindal already cut $251 million dollars over the past three years and this year, if he tries to cut more, Tulane will have to begin selling their students for scientific experiments…

Quick answers.

No blame.

Well…no blame for Bobby, everybody else will have to shoulder their share of the responsibility, especially those who are suffering already…

After all, tightening the vise on those who can least afford it is the republican way.

Read the articles:

At CPAC, Jindal revives attack on Obama administration over oil spill recovery

Gov. Bobby Jindal’s administration, LSU spar over cuts at public hospitals and clinics

Gov. Bobby Jindal’s state budget proposal is expected to avoid cuts in higher education

Have a nice day.

See you next week – off for New York…

leave a comment »

Heading out to New York City for a little while…gotta go hear some music and words, see some art and weather permitting (which in this winter of warmth seems quite possible) do a whole lot of wandering…

If you’re in town, buy me a Ketel One and tonic at the KGB Bar or a dark ale at McSorley’s Old Ale House.

Maybe I’ll even pay a visit to a certain attorney at Feinberg Rozen, LLP, tell him in person what a great job he’s been doing along the Gulf Coast.

Enjoy…

Pearl Jam – I Believe in Miracles (Ramones cover) Live at Madison Square Garden

 

Have a nice week.

Written by Drake Toulouse

February 2, 2012 at 6:33 AM

Consequences of oil spill in south Mobile County classrooms…

with one comment

So, if British Petroleum is so concerned about making things right, if the economy is on the mend, the environment a-ok…in short, if everything in the Gulf is so good British Petroleum could really leave any time, but won’t, because they are just that committed and that benevolent of a company, then why all the trouble at these schools?

Trouble such as:

Kids coming to class in dirty school uniforms and trying to take showers without others noticing because their parents lost their jobs and are living in homes with no electricity or running water.

Kids not getting the medication they need for ADD and other ailments, leading to kids acting out in class and fights.

Kids missing classes to stay home and take care of their siblings while parents are out looking for work or trying to keep their jobs.

Kids suffering from increased trauma as a result of increased substance abuse and domestic violence in the home.

Oh, and there’s more:

According to a study by the University of South Ala­bama last spring, 35 percent of the students at Bryant High School in Irvington re­ported being significantly and personally traumatized by the oil spill. A third of them said they were very concerned because the spill had caused their parents to lose jobs. The number of students getting in trouble at Alba Middle School in Bayou La Batre had doubled in a year, according to the study, and was up by 20 percent at Bry­ant.

“There are tons of stories,” said Paige Rucker, state di­rector of Project Rebound, which, in tandem with Alta­Pointe Health Systems, has 21 counselors on a recovery team concentrating on south Mobile County. “You take a community that was already suffering, with Hurricane Katrina and the economy, and you layer the oil spill on top of it.” With that “trifecta,” she said, the community is more than hurting. “It’s on life sup­port.”

Claims money is running out. The jobs haven’t come back. Utility bills are going unpaid. The foot pantry shelves are emptying out and the use of mental health services is on the rise.

This is almost two years after the spill.

Making things right…for who? British Petroleum and their connected politicians…

As Iris Cross says in one of BP’s latest commercials:

“And the economy is showing progress, with many areas on the Gulf Coast having their best tourism season in years. I was born here, I’m still here and so is BP. We’re committed to the Gulf, for everyone who loves it and everyone who calls it home…”

Yeah, well, that’s just wonderful Iris, BP, but how about the kids at schools in south Mobile County? How about you take a little time from your ad campaigns and commit yourselves to these kids and their families?

You know, because you care enough to not have the effects of your spill span across multiple generations.

Read the article:

South Ala. students still suffering from oil spill

Have a nice day.

Pots, kettles and oil, all black…

with one comment

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…

with 4 comments

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.

Everybody to blame, but me…

with one comment

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.

Fast and furious…$25 billion dollars, and Barbier and Buddy change their minds…

with 2 comments

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.

Follow

Get every new post delivered to your Inbox.

Join 152 other followers