WWL>Topics>>11-19-13 10:10am Garland: on the Louisiana wetlands

11-19-13 10:10am Garland: on the Louisiana wetlands

Nov 19, 2013|

Garland talks with attorney John Carmouche about the lawsuit being brought against the oil companies over the destruction of Louisiana's wetlands.

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Automatically Generated Transcript (may not be 100% accurate)

The -- organ talk about something that we'll talk about again tomorrow. And we'll probably do all the shows on the because. Maybe I'm wrong but to me. It's extremely important. That we find the money for the Louisiana master plan. To protect like southern Louisiana as much as we care and against coastal -- And don't have your heard about it but to our. Flood protection authority via southeastern when the one that protects ago Orleans parish and moderate those. -- -- members of their -- -- lawsuit accusing 97 oil companies are contributing to the road and then. Breakdown of the wetlands. And they claim that the the permits. That that guy. And the promises that he made in the apartments to reclaim every news. In their pursuit of Portland -- house they didn't comply so let me protection authority. Is suing them in the meantime Jefferson importance parish. Who filed their own lawsuits. And I think there are more spotlighted. And cleanup and restoration. Specific oil -- specific. Oil operations in the parishes. But the reason iris and and I had this habit of Don Briggs who represented. Oil industry and I grew up in the oil industry. I'm dead it was rough neck browse about rumored to pushers so much from alive where it's on the back of oil companies -- April. But at the same time. We've been told over and over again we need fifteen. Billion dollars over the next fifty years. To make sure not that things keep chugging along but to make sure that we survive. And and -- should do -- whose column in gambit. This week he says quote. The fifty billion dollar price tag is often. Cited for the master plan is bogus. The real cost is likely to approach 100. Deal. -- were talking about or survive a warrior like -- told on break with the I have to put aside my prone. Oil companies. Why that of land and saying. Important tips because. It if they did violate the permits. It would seem. That. We've got to sue in order to mr. Obama. Obviously on an oil companies don't agree with me and Napoleon Stan and and we're gonna do all the shows in order to try to understand both sides. Let's take a perforated so we have about a good bit -- -- come and -- we have John core moves with the -- attorneys in the lawsuit against all against companies for Jefferson and Clark it's. Simplest of -- -- celebrity -- 53. Or lose their road -- talking about beyond. Lawsuit being filed against. Original oil companies in Paris like -- urge the leaders. Signet tumors on a lawsuit -- lukewarm. Eternity. Rappers in the -- -- John appreciated the call. More off to a good -- to him and what what's the thinking behind the -- The second model laws and don't visitors and it's still placed at paris' coastline more -- back to its natural state. Where require by law. And I say that because the laws very very clear. Going back to 1978. And the state of Louisiana adopted the coastal management rules and regulations. And it's very clear access. Mineral exploration and production production sites Shelby cleared we've vegetative detoxify. An otherwise restored as near as practicable to their original condition upon termination operations to the maximum extent practicable. -- -- -- And you go to the. Again -- quote the statute. Because I think he he couldn't be clear you don't choose 701 of the statute it is the policy of the coastal resource as program. So for -- following adverse effects is the purpose of policies of the coastal zone management. Detrimental changes an existing salinity machines. Land laws. Erosion and it's a sign. That was the purpose of the rules and regulations. And it's time that the regulations on forced. I mean the we can ignored anymore. The all companies have not followed the regulations it's not. That maybe they didn't -- majority of the comedy any disappointment. They just totally ignored the regulation. And we're dealing with -- with a today. I think you rip from the Louisiana administrative code right. That's correct distance -- -- loan management statute that was actually it's it's. The history goes back to certainly -- -- -- -- late wrote to regulation. And it was basically hijacked -- at all gas industry. Because of the total war action to get to get program approved. And the -- to ask industry re wrote some of the portions that doctor twelve plan written. Went to Washington and it was actually turned down while Washington DC date data and approved the program. So it had come back to Louisiana called tall playing rewrote its -- put its versions baton. His first smacking him in the past. -- when you read all the was restored to him as near as practical. Is that -- how -- the oil companies say they will we do it is -- practical what what would be the definition. Of mirrors practically. Well if they did anything don't they didn't do anything that's what. That's what the F credentials -- shows that they operated. These online -- Where when you produce all grants there's produce war that comes up with the August. And in that produced quarter it has hired high salinity of don't see wars 35000. -- from me. It has a 100000 -- may have core. In addition it has toxic waste and arsenic. Led Arrington chromium. High radiation. And Egypt he or residuals. And they just don't. These this toxic waste into the I want -- and directly into the camera. Which you wrote it are more. I'm washes and so one -- to look at the production history. In the more options and look at it also plan. That wasn't restored at the operations ceased -- is pretty simple. So it will it it was practicable. At the end of their operations to -- toward the property to its original condition and they needed to. Resurgent Tate and detoxify. That was the law and regulation that the time. Objective -- read correctly the oil companies support what they Coleman A galaxy lawsuits. Suits. Trying to get drug companies supports him to repair the damage. A million of them over the years you is that true and if it is is this a legacy lawsuit in lived it is. What's been the success rate in the previous legacy laws. Well let -- first it is not a legacy losses this is a lawsuit brought by the parish officials. There are elected officials that have -- -- share a duty to enforce the regulations. And and I go back to the statute which it clearly says that a local government with an approved program. May bring such injunctive and declaratory or other actions -- necessary. To ensure that no uses -- in need of the coastal zone for which are told to use permit has not been issued when require. Which are not in accordance with the terms and conditions of Acosta is permanent. So the regulation is still in the parish officials. That they have an obligation and far be shared duty. To enforce the rules and regulations. Now -- say that means the passion not if. You know. He talks. Investigating every operation of all feel the -- Louisiana go back to the forties. Has been -- self reporting process. We can't the budget doesn't allow us to have a person there real feel and every world and -- -- and we have to rely on. These all companies to self report. And that's been one of the problems but that's the law and and so it goes back to the forties and fifties when we have rules and regulations on the book. That basically says you'd have to get a permit you can't -- torched -- produce war always without written permission when there's not. So. It's not a legacy lawsuit this is something that that just like a district attorney has to prosecute crimes and -- in the parish is sometimes it's tough. And and I know that it's tough for these parishes to stand up against baseball but we have to have an economic -- ballots in this state. After two passions. Have -- this year and duty to make sure that. Hey you didn't have that he didn't have the proper permit or he should -- down apartment and you should have read educated detoxify and restored -- didn't do it. And I'm sorry but -- you have to do. -- -- -- I'm sure you were a bit southeast region implode protection authority east. This file their own laws and I think it's ninety's sunken oil companies along the same lines. But Garret graves the state head Libya master planned. Seems to think that. He in the governor are concerned. About Libby authority. Filing a lawsuit because -- appointed officials. It seems to be less concerned about your lawsuit -- the -- losses and because it's elected people that for a -- in the -- you get -- the word or -- understanding from the state that a Google along with this and not by -- -- -- or via -- board. I have not -- I hadn't had opportunity to talk to them but yeah. You know I think it's going back to what I said about their -- B shared. It's it's in the law it's require our of these parachutes. It's not something that they voluntarily. Do it's something that they they have been given the responsibility. To do it. And so there -- force and the rules and regulations rather than ignore. And that goes back to my point before. -- if we ignore regulations. Battery in the books then why have them in the books personal. And it would don't have the regulations. That that are to fill up. To restore -- colds. To help us had a nickel slot for future generations. Then that's their job. So. I'll see how you can I mean they didn't do that they would be held responsible. For not -- fortunate race relations. That there -- some that think the moral lawsuits we have. The better chance of -- companies coming to the table to negotiate this thing out rather than drag you into court. Or you of the mind that that the more sued to lawsuits the veterans spores getting this thing subtle. I don't agree that the more lawsuits but. I have been involved in the legacy lawsuits and I can carry over last year's written letters to all companies. Asking them to and come out to restore property and gotten a call. -- is it does take a policy to. To get them engaged hear. -- they know -- regulations they knew exactly what they would called. That's going back we've had the opportunity in the lesson to be able to get into these all company's database. And have been able to understand what these all companies need and it which shocked he's. Going back to the thirties forties and fifties. That they talk about. Basically we will bear that possibility. Due to our. Operations of one line it's that we will contaminate ground war. And cause. He -- And we might have to pay that price someday we enjoy and the benefits in the profits right now which some days we might have to pay the price. They knew what they would do. And intentionally. Did. As good days you know they got -- Or those public documents. No there are documents that are held in the all companies. Repository. There documents held by an organization called American Petroleum Institute. And we through lawsuits without the lawsuits all of would've never got these documents. I mean -- documents. Even in feels tell us in the in their files on an island and told the state as we are completely destroy. Well -- don't understand we can't we say can we have that file additional reporting that. I mean there's very little reporting. That we've been able to fine. At the diploma natural resources and -- to conservation. Where these all company's internal documents would turn and forward to the state and we. And that's the problem is that the there's so many hall and again we want to. The all operations everybody in the state -- we -- create jobs and friends that work offshore. Friends at all business. It's what we have to have a bad. We have to have an economic balance and a safe and clean bar. Four bags did you say these documents when. -- go back or. Candidate and more than wondered too. Well hundreds thousands. Of pages of documents. And look good on it didn't we just didn't similar terms and give us these documents we have to fall was called motion to compel where week. They refused to give to -- we actually. Went to court and org about and they say that we don't wanna do it and judge and the judge ordered -- to give it to. Then they wouldn't give us all so we radical tactical. Finally there was just -- -- -- Enough I had enough I'm gonna let them search. Your computer databases to make sure that all the documents -- being produced. And lo and behold there were hundreds of thousands of pages that were produced that or relevant. Inhibitions body oil company that they knew exactly what they would do one which caused the damage that we see today. John Edwards -- we're going to be doing the national law over the coming months hopefully won't get Jones did talk to you again appreciate the time and the temperament. And incidentally we invited. John Young work and astute -- -- dress -- -- we know -- -- we invited him who's in -- couldn't make it. The -- on. Oil industry optimists and with the office injury and so. As we we had. Portland trail in labs we plan on him and reduced gonna cut from media to come. Right back we do have to or agree chairman of the coastal protection frustration or they. Executive assistant to the governor -- coastal like --