lawsuit

Mon, 2014-06-30 12:15Sharon Kelly
Sharon Kelly's picture

In Blow to Oil Industry, New York's Top Court Upholds Local Fracking Bans

New York's highest state court ruled today that local governments have the legal authority to use zoning to bar oil and gas drilling, fracking and other heavy industrial sites within their borders. In a 5-2 decision, affirming the rulings of three lower courts, the justices dismissed challenges to fracking bans created by two towns, Middlefield and Dryden.

The case has been closely watched by the oil and gas industry in the Marcellus region and nationwide. Over 170 towns, villages and cities in New York state have crafted local moratoria or bans on fracking. Dozens more towns are expected to enact moratoria in the wake of this ruling, according to Earthworks, one of the public interest groups whose attorneys worked on the case.

Nationwide, nearly 500 local governments have enacted measures against fracking, according to Food and Water Watch which tracks local control actions, including towns in Texas, West Virginia, Pennsylvania, Colorado and California, each of which have been the focus of recent shale rushes.

The oil and gas industry had argued that allowing local control over fracking risked creating a patchwork of rules in different municipalities. Environmental groups countered that the rights of local communities to control development within their borders trumped those concerns, and that local governments had the clear legal authority to decide how development could proceed.

“On the one hand, you're saying yes, we should have a comprehensive strategy to deal with such an important issue to our state – energy,” Chief Judge Jonathan Lippman explained when the cases were argued before the court on June 3. “And on the other hand, municipalities believe (they can) determine how they're going to live. They want some voice in how they live.”

Today, less than a month later, the court's majority decided in favor of local control. “The towns both studied the issue and acted within their home rule powers in determining that gas drilling would permanently alter and adversely affect the deliberately-cultivated, small-town character of their communities,” the New York Court of Appeals wrote in its majority ruling.

Thu, 2014-06-26 14:22Farron Cousins
Farron Cousins's picture

Obama Administration Secretly Weakening EPA Rules

One of highest hopes that environmentally-minded Americans had for President Obama when he first entered office was that he would finally put an end to the secrecy that marred the former Bush administration when it came to environmental policy. 

The image of then-Vice President Dick Cheney meeting in secret with dirty energy industry leaders was still fresh in our heads as we went to the polls in 2008, and we were all but certain that the country chose a leader that would leave those dark days in the past.

Sadly, those hopes for a policy change were dashed before the end of Obama’s first year.  He talked a big game on the campaign trail, but when it came to acting on those promises, that rhetoric proved to be just as hollow as his predecessor’s. 

Obama doubled down on coal, oil, and fracking, while allowing renewable energy investments to fall.  But the most disturbing part of the story is that Obama and his officials have been working in secret to weaken environmental standards that his administration has been patting themselves on the back for in public.

Recently, a federal judge expanded a Freedom of Information Act lawsuit that was filed against the Small Business Administration (SBA), which claims that officials within the White House Office of Management and Budget (OMB) has been working to weaken the Environmental Protection Agency’s (EPA) power plant pollution standards.  The administration has been dragging its feet in providing the information requested, even after the court ruling, which has led environmental groups to file a complaint against the White House.

At issue is the EPA’s failure to update standards for existing power plants as required by the Clean Air Act — a move that the U.S. Supreme Court had previously said was required of the agency.  The current rules have not been updated since 1982, and environmental groups say that the lack of updating is due to influence from the White House itself.

Sat, 2014-04-26 08:00Farron Cousins
Farron Cousins's picture

Favorable Court Ruling Lets Americans Breathe Easier

The U.S. Environmental Protection Agency (EPA) scored a huge court victory recently, with the U.S. Court of Appeals for the District of Columbia ruling that the agency’s Mercury and Air Toxics Standard (MATS) is within the EPA’s realm of enforcement.

The rule, which was put in place in 2012 and would take effect later this year, would tighten the reins on coal-fired power plant pollution.  The legal challenge was brought by the dirty energy industry along with several states that contended that the new standards would cost the industry too much money.

The three-judge panel found that the rule did not overstep the EPA’s authority, although one of the justices did dissent on part of the ruling.  Judge Brett Kavanaugh said that he believed that the EPA did not consider the overall costs to the industry when they made the rule, even if the agency did conclude that the benefits outweigh the costs (that they allegedly didn’t consider).  

It is worth noting that Kavanaugh was appointed to the bench by former president George W. Bush after helping Bush craft a plan to pack the courts with conservative justices.  Prior to his position within the Bush administration, Kavanaugh worked for the corporate defense firm of Kirkland & Ellis, the firm currently representing BP for their negligence in the Deepwater Horizon oil spill disaster. 

The specific language that was targeted was the phrase “appropriate and necessary,” which appears in the Clean Air Act and is the phrase that gives the EPA the authority to enact new standards.  The court found that the industry’s challenge that the rule was neither appropriate nor necessary was flawed.

The real issue in the case is that the industry does not want to pay to clean up their operations.  However, some companies have already installed the necessary equipment to capture mercury and other toxic pollution. 

Tue, 2014-04-22 15:27Brendan DeMelle
Brendan DeMelle's picture

Breaking: $3 Million Jury Verdict in Texas Fracking Nuisance Case

A jury in Dallas, TX today awarded $2.925 million to plaintiffs Bob and Lisa Parr, who sued Barnett shale fracking company Aruba Petroleum Inc. for intentionally causing a nuisance on the Parr's property which impacted their health and ruined their drinking water.

The jury returned its 5-1 verdict confirming that Aruba Petroleum “intentionally created a private nuisance” though its drilling, fracking and production activities at 21 gas wells near the Parrs' Wise County home over a three-year period between 2008-2011.

Plaintiffs attorneys claimed the case is “the first fracking verdict in U.S. history.” 

The trial lasted two and a half weeks. Aruba Petroleum plans to appeal the verdict.

The pollution from natural gas production near the Parrs' Wise County home was so bad that they were forced to flee their 40-acre property for months at a time.  

Tue, 2014-04-15 13:25Farron Cousins
Farron Cousins's picture

Industry Funded Politicians Hope To Thwart Pollution Penalties In North Carolina

On March 6th of this year, North Carolina Superior Court Judge Paul Ridgeway handed down a ruling that Duke Energy must immediately prevent toxins from their coal ash ponds from leaking into the water supply, and also that the energy giant had to develop a plan to clean up all of the groundwater that they had contaminated in the state.  Ridgeway said that the state and the energy company had been misinterpreting a state law for decades in order to avoid cleaning up their toxic mess.

Judge Ridgeway’s ruling gave the North Carolina Environmental Management Commission (EMC) the authority to hold Duke accountable for years of pollution.  And just when it looked like Duke Energy might finally have to pay for their environmental crimes, something magical happened for the dirty energy company:  The EMC appealed Ridgeway’s ruling.

Rather than doing the job they were ordered to do by a judge, the state agency sided with Duke Energy in appealing the ruling, claiming that the state’s environmental laws do not give the agency the authority to order a cleanup of contaminated water supplies.

The EMC isn’t reacting this way because they are too busy, or because they don’t have the resources to enforce the cleanup – they joined the appeal because Duke Energy owns the state government in North Carolina.

The EMC claims to operate independently from the influence of state government, but they are directly appointed by the government.  The board consists of 15 members appointed by Republican Governor Pat McCrory (8 appointments to the board), Republican House Speaker Thom Tillis, and Republican Senate leader Phil Berger (7 collective appointments to the board.)  The common thread among these politicians is that their campaigns were all funded by Duke Energy and a host of other dirty energy heavyweights.

Wed, 2014-03-19 12:41Farron Cousins
Farron Cousins's picture

Coal Exporter United Bulk Sued For Polluting Mississippi River

A coalition of environmental advocacy groups filed a lawsuit earlier this week against United Bulk, alleging that the company is responsible for numerous violations of the Clean Water Act for polluting the Mississippi River.  United Bulk operates coal export terminals along the Mississippi and the Gulf Coast.

The suit alleges — along with plenty of photographic evidence to back up the allegations — that United Bulk has left piles of coal debris and petroleum coke (petcoke) along the banks of the river for the last five years.  These piles are left unattended, unsecured, and uncovered in the elements, allowing wind and rain to easily sweep these pollutants into the Mississippi River and nearby marshes. 

A press release from the Clean Gulf Commerce Coalition lays out the basics:

The suit contends that United Bulk has illegally discharged coal and petcoke into the river every day that it has operated for at least five years. It points out that coal and petcoke—an oil-refining byproduct with high levels of arsenic, mercury and other toxins hazardous to human health and aquatic life—have been discharged into the river in enough quantities to produce visible spills on a regular basis. The suit also cites the U.S. Environmental Protection Agency’s determination that stormwater runoff from coal piles “can flush heavy metals from the coal, such as arsenic and lead, into nearby bodies of water.”

As mentioned above, the Gulf Restoration Project and the Sierra Club have released photographs of United Bulk’s contamination of the Mississippi River:

 photo UnitedBulk2.jpg

Fri, 2014-03-14 14:30Mike G
Mike G's picture

Chevron RICO Verdict Sets Dangerous Precedent For Activists

Last week, Chevron's RICO suit against the lawyers representing 30,000 Ecuadoreans impacted by the company's oil pollution in the Amazon came to its inevitable conclusion when the judge presiding over the case, Lewis Kaplan of the Southern District of New York, ruled in Chevron's favor.

Yes, that's RICO as in the Racketeer Influenced and Corrupt Organizations Act, the law written so that mob bosses could be prosecuted for running their criminal empires.

Faced with a $9.5 billion judgement in Ecuador's courts, Chevron came back to the US and counter-sued under RICO statutes, essentially saying the organized opposition to its attempts to evade responsibility in Ecuador amounted to a criminal conspiracy.

Let that sink in for a minute: The lawyers who were trying to help 30,000 Indigenous villagers, farmers, and other poor, rural Ecuadoreans demand accountability from a multinational corporation with a $221.3 billion market cap were charged with corruption by that very same multinational corporation, and a US judge went along with it.

What this means is that the Ecuadoreans are barred from seeking Chevron assets in the US to force the company to pay the $9.5 billion. Chevron has refused to comply with the Ecuador court's ruling, even though Chevron itself argued that Ecuador was the proper jurisdiction for the lawsuit over its 18 billion gallons of oil pollution in the Ecuadorean Amazon. Since the Ecuadoreans had no plans of pursuing Chevron on its own turf, this ruling doesn't have much practical impact on the matter.

What Kaplan's ruling does do, however, is set a terrifying precedent for any company looking to evade responsibility for the consequences of its business operations.

Fri, 2014-02-14 11:00Farron Cousins
Farron Cousins's picture

Oil Industry Profited Off Polluting Oil Spills, Fraud Investigation Underway

When an oil company’s negligence leads to an oil spill, the financial costs incurred by the company can be crippling.  They have to pay clean up costs, federal fines, and, in many cases, settlements to victims who have been affected by the spill.  Since these costs can be such a burden to the multi-billion dollar industry, they’ve figured out a way to recoup some of their losses by deceiving all the players involved.

Of course, these aren’t the massive oil spills that we’ve seen from Exxon and BP; these are the smaller ones that most people don’t hear about that typically occur when storage containers leak.  That’s where the industry has learned that oil spills can actually be good for their bottom line.

The scheme is known as “double dipping,” and it involves oil companies receiving both insurance funds for spill cleanup along with state funds to clean up oil leaks from underground tankers.  This allows the company to use funds for cleanup, and usually have a little left over to put in their pockets.

A new report by Reuters succinctly captures the essence of what’s happening in a single quote:  “When I first saw these cases, I thought this is kind of incredible,” said New Mexico assistant attorney general Seth Cohen, who handled the lawsuit for the state. “The oil companies have, in effect, profited off polluting.”

Fri, 2013-12-20 05:00Farron Cousins
Farron Cousins's picture

BP Attempts To Misdirect Public With Claims Of Fraud

Oil giant BP is again attempting to convince the public that the oil spill settlement process for their destruction of the Gulf of Mexico resulting from the 2010 Deepwater Horizon oil rig explosion and leak, is completely riddled with fraud.

The company filed a fraud lawsuit earlier this week to stop payments on the claim process while investigators look into the fraud allegations. According to BP, one of the law firms representing oil spill victims has been submitting and receiving payment for claimants who don’t actually exist. 

The specific payments that BP is hoping to stop come from the Seafood Compensation Fund, a fund that was set up to pay fishermen and others who rely on the seafood industry as their source of income. The company says that Louisiana attorney Mikal Watts has filed 648 claims on behalf of seafood industry workers, and that 8 of those have been verified as accurate with 17 more still pending approval. 

Watts’ attorney has fired back at BP, saying that Watts did nothing illegal during the spill process, and submitted the appropriate documentation for every spill claim that he has filed. BP insists that at least half of Watts’ clients don’t exist.

Tue, 2013-10-15 11:00Farron Cousins
Farron Cousins's picture

Justice Delayed For Mayflower Oil Spill Victims

As the government shutdown enters its third week, new and disturbing side effects are beginning to surface.  These adverse affects are arising from the U.S. court system, where federal prosecutors are unable to perform their day-to-day activities in many cases due to a lack of federal funding.

While this is bad news for American citizens, it is great news to oil giant ExxonMobil.  The federal prosecutors handling the case against Exxon for their Pegasus pipeline tar sands spill have been forced to request that the judge overseeing the lawsuits against Exxon delay the suit until government operations resume.

The U.S. attorneys and environmental investigators from the Justice Department and EPA are unable to work on the case due to the lack of funding.  According to the Associated Press, these workers are not even able to work on the case on their own time without pay, since it is a federal, not civil, suit.

In addition to the federal lawsuit, Exxon is currently facing at least $1.7 million in federal fines for the tar sands spill.  But again, as long as the government remains partially shut down, there is not enough staff to go around, and those fines will remain unpaid.  It is estimated that at least 94% of the entire EPA staff is currently furloughed as a result of the government shutdown.

This news is particularly disturbing for the residents of Mayflower, Arkansas, as they had worked very hard to get the lawsuit fast-tracked in the wake of the spill earlier this year.  The longer the shutdown lasts, the longer it will take for justice to be served against Exxon.  It also means that residents will go even longer without relief from the dangers affects of the diluted bitumen.

Pages

Subscribe to lawsuit