Disenfranchised Citizen

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.

America? Again, you're welcome...

Did you hear?

Tony Hayward, he of the BP oil spill Haywards, is set to get a bonus of 125,000 shares of BP stock at a current share price of $46 plus that would hold a rough value of $5,831,000 dollars.

Yes, seriously.

BP is planning to give him this bonus because of improved earnings per barrel in refining and marketing during the years of 2009-2011…and it would seem 2010 would have been the key from a marketing standpoint, because who in the world didn’t know about British Petroleum oil during 2010?

And if you do the math, the fiscal value of his bonus figures out to just about a dollar and change for every barrel of oil he spilled into the Gulf of Mexico.

Yes, seriously.

Tony, he’s good at his job.

Iris Cross, spokesperson (she’s from New Orleans don’t ya know) for British Petroleum in some of its more recent – Hey! The Gulf is improving! – commercials was sought for comment and from the set of her latest feel good BP video montage said she saw nothing wrong with the bonus, citing some of the other rewards that have been awarded of late…such as Feinberg’s bonus of $200 million dollars from the GCCF fund, given to himself for successfully promoting an exceptional air of customer service, or the Shaw Groups awarding of a $3 million dollar bonus direct from Louisiana’s coffers for its skill at building the Great Wall of Sand across the retreating Louisiana coastline…and who can forget the 6 percent bonus that Carl Barbier gave to attorneys from the Plaintiff Steering Committee for (kind of?) helping out GCCF claimants who never met a single one of these jerk-offs while settling with Feinberg’s claims fund?

Okay, that last one was real…and seriously, so is the bonus Tony Hayward is in line to get…

So, what the hell?

Let me be the first to go on record and say that if Tony has a decent bone in his body, he’ll smile, accept those shares and then immediately liquidate them, before spreading that money across the Gulf Coast, at least as extensively as the oil he spilled across the lives of four states.

Then, and only then…can he even begin to think about getting his fucking life back…

Read the article:

Tony Hayward could get bonus, The Telegraph reports

Have a nice day.

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.

So then it's agreed? The dolphins are all committing suicide in protest of fewer deep sea oil platforms to swim around. Wonderful...Bob, you good with that? Great. Okay, bring the Coast Guard in here...

It just keeps getting funnier, except it’s not…

In this past week, it has been reported how, in the immediate aftermath of the Deepwater Horizon explosion, British Petroleum had demanded via e-mail that it’s own expert be kept quiet when he gave his opinion stating 82,000 barrels of  crude a day were coming from the Macondo Well. In fact, two days after ordering his silence, BP publicly announced their estimate that the flow rate was only 1,000 barrels per day. And of course, this report comes on the heels of another showing how the White House had been trying to get the United States Geologic Survey to downgrade its flow rate estimates in public statements too, reducing the USGS estimate of at least 25,000 barrels of oil per day coming from the well to a number the NIC thought sounded better, 12,000 to 25,000 barrels or better still, the estimate a White House Communications officer suggested, 12,000 – 19,000 barrels per day. Oh, and who can forget the wrongful termination lawsuit being filed by August Walters where he claims to have been fired by BP a couple of months back because he wouldn’t modify clean-up data  to make the beaches appear cleaner on paper than they in fact truly were, thus allowing BP to say they’d turned the corner and in light if this data, come to an agreement with the Coast Guard to officially move from cleanup to restoration, all while eagerly anticipating the stock bump to come from such an announcement.

Yes, these are the assholes in charge making things right along the Gulf Coast, and yes, the oil company mentioned in the above paragraph is the same British Petroleum putting out all those feel good commercials telling you how everything is just swell now. Hey! The economy, the seafood and the jobs are back!

And now, today even, when it comes to that same oil company and that same government, I’m sure if you asked, they’d go on and on to tell you how it would be impossible for the low-balling of flow-rate numbers that lead to a potentially flawed cleanup response based on their bad data, and how the fact there is still more unaccounted for oil in the Gulf of Mexico than was spilled from the Exxon Valdez…yeah, they’ll tell you how none of this has anything to do with more dead dolphins…even if there still is oil along the Louisiana coast.

Of course not.

That would be fucking ridiculous, and potentially unprofitable…

However:

“Since the beginning of the month, 14 marine mammals, including a dozen dolphins, have been found along the northern Gulf of Mexico. Half of the dead dolphins washed up on the Louisiana coast. The National Oceanic and Atmospheric Administration (NOAA) calls it an “Unusual Mortality Event” in the northern Gulf and next month will mark two years since it began. The tally so far: 630 dead.

The event started in February of 2010 – two months before the oil spill began. Still, the deaths raise a red flag with the Gulf Restoration Network. “The ongoing death of these dolphins speaks to the idea that we haven’t seen all of the impacts from the BP oil drilling disaster end yet,” said Dan Favre of the Gulf Restoration Network.

Ridiculous, indeed…

Read the article:

More dead dolphins wash up on Southeast Louisiana coast

Have a nice day.

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.

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.

Extra ice, please...

So, I saw another BP commercial the other day, and it seemed a bit…disingenuous.

I mean, we all want the Gulf to be okay. We do. It’s our finest hope that lives so rudely interrupted by BP’s catastraphuk can get back to normal…but these advertisements, the ones that make it look like maybe the oil spill was the best thing that could’ve happened to the Gulf, the way it brought entire communities together, singing Kumbaya and building spiritual alters to Bob Dudley’s benevolence?

Really, British Petroleum needs to knock it off…

If BP pisses in a glass and tells everyone it’s lemonade…sure, the people might believe it until they pick up the glass, but then they’re going to wonder why it’s being served so warm, and that’s really what BP’s doing, serving warm lemonade nationwide.

Since the beginning of this thing, 20 months ago, this oil company has been in public relations mode, spinning selective facts at a million dollar pace, and over the past couple of weeks, it’s only amped up and would seem poised to continue throughout the football playoffs, tailor-made for a nationwide audience.

“I’m glad to report that all beaches and waters are open for everyone to enjoy!” BP representative Iris Cross says in one TV spot to an upbeat soundtrack.

Yeah, except, it’s not true.

“They talk about areas being all open. There are areas that are still closed,” said A.C. Cooper, a shrimp fisherman in Plaquemines Parish in Louisiana. He listed some bays and fishing spots that he says the state still has closed due to oil contamination. “It’s bogus, it’s not the truth.”

That’s right…fishing areas still closed…20 months later.

“And the economy is showing progress, with many areas on the Gulf Coast having their best tourism season in years,” Cross continues, beaming away.

Again, not entirely true.

Bridgette Varone, head of the Gulf Coast chapter of the Mississippi Hospitality & Restaurant Association, said restaurants reported similar revenues in both 2010 and 2011 for the month of June, one of the busiest months, “I wish we had better news to report,” Varone said. “We didn’t blow any socks off.”

And…

“The numbers on our shrimp are way down,” Cooper continued, “They (BP) make it sound like they’re doing a lot, but they’re not doing much to help the fishermen out … I got good fishermen struggling to pay their bills right now.” In addition, the head of the Louisiana Shrimp Association, a commercial shrimpers group, called it “BP propaganda…When you have a lot of money, you can pretty much get any point across,” Clint Guidry complained. “It’s kind of like indoctrination.”

I don’t know, that sounds a lot like extraneous details…one might even call it unimportant anecdote…

Tom Mueller, a BP spokesman, said the ad campaign was highlighting “facts,” not “anecdotes.”

See?

So step right up and grab a glass…British Petroleum has spared no expense, even hiring two chefs, Emeril Lagasse and John Besh to serve up the lemonade, along with fish tacos and seafood jambalaya to tourists in town to catch the football games at the Superdome…

Because the seafood, it’s safe, get it?

Right.

Maybe if you have three shrimp per year…but if not, there might be a bigger problem, because when it comes to testing seafood coming out of the Gulf:

“The FDA is not only allowing PAH levels 100 to 10,000 times higher than normally considered safe….in fact, the FDA guidelines for testing are inadequate to begin with.  From not testing the entire organism’s body to grossly underestimating the amounts of seafood consumed by the average seafood eater…we should be very concerned about FDA guidelines for Gulf seafood.”

Hmm, it would seem some scientists aren’t drinking the lemonade.

Course, if British Petroleum wanted to make the argument things are fine with the ecology, the economy and the seafood they might want to make sure they’ve not left well over a million gallons of oil in the Gulf…but when it comes to transitioning away from cleanup towards restoration, British Petroleum also served a few pitchers to the Coast Guard, who approved of the transitional plan despite scenes such as:

“…Lafourche (Parish)… BP and the Coast Guard have still not removed three land bridges and two sheet-pile closures in Fourchon installed during the spill to keep oil from getting through breaches on the beach into interior marshes. “We are hesitant to remove them because of the oil. It’s collected above and below them,” Charlotte Randolph (Lafourche Parish President) said. “We don’t want to pull them out and allow that oil into marshes.”

Or as Louisiana Coastal Protection and Restoration Authority Chairman Garret Graves put 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.”

Seems to me like there’s a lot more work to do, regardless of what the advertisements say and British Petroleum needs to learn, no matter how many times they say it, no matter how much money they have, public relations spin is still a lie, the truth is still out there and that truth remains below the surface of the water, in the marshes and on the dinner plates…

BP needs to have continued monitoring for oil in the Gulf with cleanup response at the ready. BP needs to be pushing sincere testing of Gulf seafood, instead of testing geared towards an end result. BP needs to stop shoving their self-proclaimed innocence down people’s throats and/or smothering them with rosy, tourist advertisements that deny the problem.

Or hell, go ahead, make your tourist advertisements, but make them honest…let people know that sure, coming on down to the Gulf for a vacation can be safe, fun and relaxing…but that your company still has so much more to do, and you intend to do it, for reals…and you don’t intend to withdraw your efforts while turning up the volume on your commercials, because here’s the thing…if you dumb bastards keep lying about the Gulf, by the time you don’t need to lie anymore, nobody will believe you’re telling the truth.

I don’t care who BP pays to hand out fish tacos in the French Quarter, it doesn’t fix the Gulf, and it doesn’t make everything fine again…

And no amount of warm lemonade will change that fact

Have a nice day.

It's over...

Carl?

Judge Barbier?

Is it me? Did I do something wrong?

Did I not give you enough space, enough time with your law books or enough time with your friends?

Did I not make you feel appreciated or understood?

God, I thought what we had was special…

Why it seems like only yesterday you sent me that first signal…when you declared Ken Feinberg could no longer call himself neutral, that he was in fact a hybrid entity of BP and must identify to claimants as such…or even later, you know, when you denied British Petroleum’s appeal and ruled that people could sue BP for punitive damages as a result of the oil spill…

Yes, that one had cemented it, at least for me…I thought we had, you know, “a thing…”

So, over and over on this site I praised your accomplishments, your fair and impartial process, your good common sense and snappy neck-wear, but then, then you did this:

Barbier grants lawyers 6 percent charge on future settlements

What the fuck, Carl?

That’s the kind of thing that makes a blogger feel really unappreciated Carl, makes me feel really goddamned invisible. No, not boiling pet rabbits on the stove or anything, but Carl? It’s the kind of thing that reminds me judges are typically former lawyers and lawyers typically are…well, you’ve heard the jokes.

What were you thinking Carl?

You decided a fund should be set up to compensate a bunch of lawyers who form the plaintiff steering committee, and this fund would come from a 6% charge on any settlements coming out of this oil spill, including people who settle with the GCCF, even if they didn’t have lawyers to help them do so, and why, what was your reasoning for this?

You wrote: “The PSC (plaintiff steering committee) has strongly advocated on behalf of persons submitting claims to the GCCF, continuing to apply public and private pressure to improve the GCCF claims handling operations.”

Really?

I disagree Carl, or perhaps now I should just call you Mr. Barbier. It would seem a lot of that pressure came from the claimants themselves, and from the politicians and the Justice Department…and hey, what about me? I’ve been writing about this bullshit for months, do I get a cut now too?

Oh, and you also decided any settlements with the government get a 4% charge, you know, because the government deserves a discount, what with all the fine monitoring they’ve done of the oil companies and the clean-up in general…and this money, it could have been used on coastal restoration instead of restoring the bank accounts of another bunch of lawyers.

And Carl?

Turns out you didn’t just piss me off with this ruling either…British Petroleum ain’t too happy either…their Public Relations department no doubt would like all to believe this charitable oil company finds it a disgrace that your court would take money from the pockets of claimants, the same claimants British Petroleum has been trying so hard to make whole…though in reality, BP probably wants to know why they have to pay the lawyers who are trying to sue them.

Oh…and Carl?

I understand you’re trying to say this is no big deal, that you haven’t actually declared this money should be paid to the attorneys, just that a fund should be created to pay them if you deem it necessary later on down the road but Carl? I don’t care if you’re a judge or not, you can’t have it both ways…that level of arrogance is reserved for someone like Bobby Jindal who saw fit to have his own attorney in the steering committee while his Attorney General stayed out of it, something that has resulted in bit of a conflict, an embarrassment, a public disagreement…and maybe you’d call that a break-up gift Carl, that while so rudely kicking me to the curb, you set the stage to give me a laugh at Jindal’s expense but sorry, that just ain’t enough…especially when as a result of your shenanigans, this happens:

Kenneth Feinberg freezes payments from BP oil spill fund

Brilliant Carl…absolutely brilliant.

Now, not only have you decreed that claimants the GCCF paid on or after November 7th have to give up 6%, thousands of claims will now be held up entirely until you decide to clarify this cluster bomb you dropped on the Gulf Coast, on people, Carl…people and businesses forced to wait and endure hardship even longer because you were so casually flirting at the bar with the plaintiff steering committee…

You see, Mr. Barbier?

Not only did you hurt what I thought we had, but when you pulled it our of your pants, you hurt thousands…

And just in case you should read this…just in case you think that maybe I haven’t shown the proper amount of respect to your station and your court of law…well, I’m sorry to burst your bubble Carl, but when it comes to that respect?

I faked it every time.

Read the article:

Fund will be created to reimburse plaintiff attorneys working on BP litigation

Have a nice day.

Sick kids? Yeah...I know, like Christmas and oil spills all wrapped together...

It’s official.

“Making things right,” has been declared dead.

The priest has been to the hospital, performed last rites and was then thrown through the glass doors and spit upon by current British Petroleum CEO Bob Dudley, who whipped around, his black duster flapping lazily in the fall breeze, before he strode back into the hospital. Word is he was heading towards the pediatric ward to see if he could dash the hopes of any sick children, pull out their IV’s, blow his nose on their lunch trays.

And in the process, BP’s entire public relations department had a panic attack…

Why? What happened? How has this come to be?

Well, British Petroleum is trying to screw over participants of the VoO program still, while shrugging their shoulders at non-payment of workers and businesses who lost money as a result of the drilling moratorium. Oh, and didn’t you know they’ve signed an agreement with their trusty sidekick, the Coast Guard to agree the clean-up is for all intent and purposes over and when it comes to the trial beginning in February, those two big ‘ol reports the government did? They want those reports excluded from the trial, as well as any other litigation brought against BP in the past…

Making things right, for British Petroleum…but for the Gulf Coast?

Suck it.

When it comes to the VoO Program, 500 more fishermen have alleged in court they signed a contract with BP which states they would be paid a daily wage regardless of whether their boats are used until the contract is complete, which only occurs upon final decontamination of their boats. Turns out however, BP really scrimped on the decontamination supplies so many fishermen are still waiting for this, with unusable, oily boats. And of course, British Petroleum doesn’t want to actually pay these fishermen for waiting around for BP to complete their terms of the contract, so they actually sent out a new “transitional” contract, hoping some people would actually sign it and, you guessed it, the decontamination language is gone. Oh, and they sent this contract out in large part to Vietnamese fishermen who can’t read English.

Huh, fraud much?

So, on to that agreement with the Coast Guard; it’s a government plan to end most of BP’s responsibility for pretty much any more clean-up of any more oil that might contaminate beaches in the future. Not entirely, however…BP can still be on the hook for further cleaning, but first it must be proven the oil washing up is actually from the Macondo Well, which conveniently enough the company concedes, will be ever harder to prove as the oil continues to degrade. Also in this agreement, it is not specified who, if anybody, will be involved in long-term monitoring of the Gulf, regardless the lessons learned from continued problems with the major spills in Mexico and Alaska, problems which are continuing twenty years later. It should be noted Louisiana officials refused to approve of this Coast Guard plan, but BP and the Coast Guard had a novel solution for this potential problem…they have decided to just ignore Louisiana so therefore, no more problem.

Next, we come to that drilling moratorium. Bob and British Petroleum feel this moratorium is not their fault so they should not be responsible for any loss of income people or businesses may have suffered over those five months. You see, this was a solid case of arbitrariness at its best…that Obama character just loves to shut down drilling for no apparent reason. In fact, word is next week he’s going to pull the plug on every nuclear plant in the country, shutting them all down for six weeks because, well…because he’s the president and he can. Seriously though, of course the worst environmental disaster in the history of the United States had nothing to do with that moratorium. That kind of cause and effect is more crap logic from business hating Democrats so this is why Bob feels BP should be totally off the hook on this one. To prove it, he plans to find the nearest bar where he will not only explain this in greater detail, but he’ll also show any fellow patron how natural gas fracking has nothing to do with earthquakes in Oklahoma…all while he does whiskey shot after shot until he’s sober.

Finally this week, BP has decided this whole trial thing in February just ain’t right, as is. British Petroleum went to a lot of trouble to buy so many scientists and science departments in Universities across the Gulf Coast, and thus being bought, unable to testify against them at trial. So it kind of flies in the face of that to have those two huge investigations by unbought government scientists and the resulting reports used against them at trial. Fair’s fair, right right? Hell, the Coast Guard report even said British Petroleum was ultimately responsible for the whole deal. This would be why they have asked for said reports to be excluded, oh and also excluded should be any other litigation brought against BP in the past, especially from places like Texas City and Prudhoe Bay. Bob would appear to feel this is certainly understandable as the last thing BP needs is their long record of mishaps be used to show a long pattern of mishaps.

Hey, details!

And the BP public relations department has officially passed out.

Really, who could blame them? They’ve been forced to eat this whole “Making things right” slogan for well over a year and it’s hard, really hard when your company CEO appears only concerned with making things right for the company shareholders, focused for the most part on the legal technicality and what he is legally obligated to do, instead of just sucking it up and doing the right thing, period.

I mean, hey, don’t get me wrong…the $20 billion escrow fund was a good thing in spirit…but Feinberg’s handling of it is a whole nother story and it almost seems at times this escrow fund’s main goal was to provide PR cover for BP to try and screw everybody and everything else they possibly could.

It’s kind of like the mediocre student whose content to just pass the course, rather than excel…yeah, Bob’s getting a D-.

So, to the Gulf Coast?

It would appear more and more, that unless you got the law, you are now officially on your own…not that you haven’t (really) been this way for a long enough time already…let’s just say BP finally ripped their mask clean off as it would appear they’ve decided moral bankruptcy and greed is back in style…

Have a nice day.

2nd choice...

So, four months from now on March 1st of 2012, I am finally out of the Great White North and heading back to what I thought might be New Orleans. Would certainly make sense with all the writing I do on this site that this town is where my interests lie, and it is, but the damned economy…here’s the thing that keeps throwing rocks in my pool, floating the ripples so I can’t see so clearly through the water…

Louisiana, and New Orleans in particular which has been much spared by the recession and boasts an unemployment rate of 6.9% has essentially no social work jobs to speak of, or at least very few that would enable someone such as myself to be able to afford the rents that never seemed to go down all that much post-Katrina, yet in San Francisco, even though the city by the bay shamefacedly hosts an unemployment rate of 9.2% while the state of California struggles under its own 12.1% rate, there are social work jobs to be had, a few anyway.

So whereas I thought I would be able to head South, the ability to eat and sleep indoors may shove me West.

Needless to say this is disappointing and has led me to go on hiatus this week from the website while I figure out what this means both for me and for the website in general…

In any case…please excuse these more personal meanderings; just explaining an absence that maybe don’t need to be explained at all…

See ya Monday. Have a nice day.

-Drake