Mar 24, 2014|
Garland talks with author John Barry about the lawsuit against oil companies over Louisiana wetland destruction.
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Automatically Generated Transcript (may not be 100% accurate)
Our -- were Yost said we would do. We're doing hero Falwell reported on the lawsuit. -- -- -- by the southeast Louisiana flood protection authority. Again it's 97. Oil and get those companies whose. One of the people billboards -- authorities and his is term expired John Derek Jones of Shaun welcome to show appreciated the duck. Always a pleasure -- You don't good give me an update to understand. You organization. Now has a web site. Right restore Louisiana now -- guy or that we we created a nonprofit. After I was booted off the board. And they sole purpose. It is too. Fight the political battles to resist issues is going to be decided as much by this state legislature. As in the in the court we're doing pretty well pulled them out first victory the the Louisiana oil and gas association. Did. Suit challenging the authority of the attorney general to prove. The contract with our lawyers. Not only did we win match. But the judge ruled that the challenge. Was privileged which is what we've always said we have the legal authority to file. So we're going to the next -- scenario that the legislature were there efforts to kill. The lawsuit. Retroactively. -- -- You would -- restore Louisiana. -- -- should -- -- timeline in the documents. Yeah and also wanted to -- and -- that's going back you know one of the lines the industry says is that they were operating legally at the time and we're trying to retroactively. Apply today's laws. That's not true. Zero laws going back to -- early nineteen hundreds which is systematically violated. And actually -- go back. Prior to 1970s. -- tried pretty hard to enforce most of its regulations. It's only in the more recent decades that the industry pretty much captures the regulatory process certain there's been no enforcement. Since 1980. The law explicitly states. That area should be quote restored as near as practicable. To their original condition on quote obviously the industry is not done that. And the lawsuit uses you know based on the fact that they broke the law. What would have drugs and Robert at the -- couple weeks ago. And there and our bread UMBER permits and it's horrible this fuels so those users who want. Those are not a wall and and it says as practicable. Natural where practicable. Years. Does that same things -- too cold. Well. You know. It's something that you can beat the you can argue over. The -- but. Defected industry is done not. In the industry it made a good state app for it to do something and they were saying well we did as well as we could. You know maybe -- have a case but in fact they've made no attempt to do anything. There is right now in the fiscal two points fifteen budget from the coast of the printed at the annual plan of the -- of protection and restoration of story. There is tens of millions of dollars. Being sought. To applaud. Oilfield canals. Which both the regulations in the permits to permits are just like contract. -- actually required the industry to applaud. Quote within ninety days on quote activate -- operations. In some cases. Vision -- thirty years later and they've done absolutely nothing and -- taxpayers are actually paying right now. To applaud oilfield canals. Which the industry was supposed supplied within ninety days you know -- as I -- some go back thirty years some long ago back a couple of years. There's one project five and a half million dollars for -- to applaud canals and Marseille and again. The permits that within ninety days and that was abandoned one -- and for something to make a priority list in government that was abandonment 111. And majority. It's causing so much damage. It's already on -- list for taxpayers. To pay for right now that it's like lightning speed. Or live -- take a break here come right back we're speaking with -- John Berry's. Which was two world he's -- Orderly manner. And and I'm looking at the wrong. A table and talk about this issue. I need to get -- the the group who you talk and you mentioned accidentally. On a regular basis mistake so. Gloria and correct me when years coming right back double -- Are welcome back we're road doing go follow up report on the lawsuit. Filed by some members of the southeast Louisiana applaud protection authority and John there are you former member all -- having a team that suing. -- -- permission is correct 97. Companies. John I misstated. We -- now it's -- restore Louisiana right. -- restore Louisiana -- -- and I always forget to plug the web site column. You know the different generation. -- women trillion. Who went ahead soon after. Absolutely you know. A suitable. Replacing people -- everything I've heard. There's exemplary about his forward to it it's people that are -- -- they have to. Repeal all of their financial situation. And their I would qualify there engineers that are geologist. Why are you replacing. And he's said that because the boarded violated. One law after another. Did so with a board that members' terms expired. And onto -- can get in the provided different names weren't worth then he said. The sport came to legislature will scoop with the science. End and their answer was true to back field. And he said we'd talk to whether regency. Is with the state and they said. They've been Balco because the moment you move this stop this dirt. This walls. More than once begun the consistency of sugar. And if you move -- back into the -- canal his words. You will wipe out the entire Gulf Coast -- we prevent them from doing. Good story is and who do. As far as violating the laws. Do the court ruled quite the reverse that the challenge. That sadly was talking about. The lawsuit challenging territories mainly operated legally was ruled verbal -- was the industry's challenge. Was brutal. And clearly week we always knew we had the legal authority we always knew we're operating. Within a law. In terms of the question of backs going. You know sometimes eighty should act on works. Sometimes or maybe things you need to do. That's why. Are. And what it says in the lawsuit actually quotes. The permits in quotes the state regulations. Which talk about backs going or otherwise restore that direct quote. Sometimes it works sometimes not in terms of developing in the science I would think that's kind of an odd complaint. That -- we can't. That we can't. Use the best possible science. To try to do the work of course is science is developing. And -- the -- it is not advance. That we're not going to be able to restore the coast. News so we just want to -- the -- replied the best -- actually don't apple answers now some of that does need to be Duval. And one what are the role turn the news to back fueling our -- or. It is the sciences. Science for an awful long. You're given. Any other option other than back they'll. Why the united it's kinda complicated incentives that actually might just. Use -- to personal that to do its work. Instead of pouring spoiled you know you should basically doubling -- expectant and where they came for. Or. Union may be an area where you can't really Texas and it too far gone. And you might just write that off. And ask for compensation and so that you can use money in an -- area where it would be more productive. And protect people's blocked. This is something -- and turn so when him on the show after I made the comment that. I was unaware of the in the complaints about the authority and compared to what we used to have something to be an extraordinarily. Good organization. People. That certainly and I've been putting personally and he said. Something to correct. Or Garland oddly -- and did -- and our committee meetings or watch in the of the results. He said the were complaints noticeable complaints he said corruption. Brutality. Bad policy. Bad excellent. Expired terms. -- what are. The only thing in the -- it's true is that. People did Serbs would expired terms but. That's because we're supposed to serve until we're placed. It's our responsibility to do that. The -- detonating committee always acted in a timely fashion it was a governor whenever pointed people. And sometimes -- pain more than two years. Before you act in and recommendation of the committee. And so that is I mean we can simply walk away from responsibility. End up with no quorum and can't do anything. And did. Does that. Mean that's not the governor for not acting and it's not only the flood protection authority. It's it's practically every -- -- commission in the state -- about every but it certainly. Dozens of them where he's been so slow. In making. Or re appointments -- appointments. At least create a lot of problems elsewhere. -- went on to say leave the authority. Did he called called Lucy agenda and the number of meetings. Not a hidden secret agreements and contracts. Well that's nonsense about it or if they're secret. There are so secret I don't know that you. I can say that I think pick his complaint was perhaps a violation of open meetings laws but the reality is. We checked whip. Our own in house counsel. We also passed an assistant attorney general who is assigned to us what goes on meetings to make sure we complied. With a proper notice both people. Said we did and ironically one of the attorneys are. Team. Jim Swanson has represented both the times Picayune and the advocates. And things like open meetings laws in treatment for -- -- And he also said we were complying. With the law even though he's from keenly represented newspapers to. On the other side of the questions -- as pretty good sensible want to take a lot better than senator Bradley. Wind. Of -- -- slide under web site for -- remember correctly. You get a number memos what going back to the 1930s. I woke up at a memorial. -- and and within them they're there there seems to be. Britain approved a companies aware of the damage talking about what you were doing. But wouldn't there were two memos that the articles neither of the memos specific. Specifically mentioned locations. In Louisiana did did the other ones mentioned Louisiana. I think all of them were related to issues within the state. Believe all the -- memos. Are currently in effect I'm quite confident that. Well what's happening in the legislature. Today up to this point. Well I think the the first build it's likely to come up there are eight or nine of them. Any one of them could prove lethal. They all attack two losses from different angles. The first one likely to come up although we don't control the timing. Senator badly in this particular case meant that goes SD 79 ended will law. Change the nominating process. To loses to the flood protection authority and in effect. The gives the governor total control. Over who he collects. To the board. When where and when I said that to him. At least that quote or close record should tell you these are my notes. Said the authority gets the -- and they. The governor has sixty days to respond. If you objects authority has 45 days to respond again. And under current -- of -- and rejects if the -- and rejects the nominees. There's a problem out there -- this send it is only in session three months out of the year so we have -- bottom line and if you're gonna deal with -- in. In the second problem is it's under the constitution the governor has right to do. Well. I mean the lead -- authority. We were supposed to be insulated from political influence in the keys to that installation. Is that were not control by the go on like pretty much real board in this city. And what the law proposed would do is take away that insulation. The government can -- simply. -- Everybody the nominating committee sense to have right now. Yes except somebody and and he keeps rejecting them until it sent them. It's that simple. It's not that easy frankly to get people. To serve on the board first you. At the time but believe me it takes a lot of time. And today you have to be qualified. I mean -- to have something to offer and it's just not that easy to. Do you have to reviewing your finances. Well honestly that's. That's not that. Difficult. Obligation to me awareness special category where we don't have to reveal quite as much as it is a little bit intrusive. But but not that terrible. We're we're just about every time -- what is it you -- CI haven't asked you about one mentioned web site again we're Borden -- coupon book. All the final -- what is that is very simple I hope that -- listeners. Call their state legislators. And tell them that this is in the courts and the court should decide. I think. Whether you'd think too lawsuit uses dumbest idea ever in the history Louisiana. Or whether you think it's the greatest idea. I think everybody would agree. That no one is above the law. Now. And here you have something that is already in the courts. And the industry says well wait a second we're about -- we can go. Politicians in the legislature. Like senator Bradley who's in the industry not to industry actually is an industry. We go to politicians and have them kill a lawsuit that is all ready moving in the ports as we are bubble. Not seeing as I said I think whether you. Like the lawsuit I think it's down. The idea that anybody. K is it is above the law is is pretty pretty different so it's offensive to me personally. Prosecutors should be offensive to everybody. Oh. Just what the court decides so I would ask people call their state legislator and tell them that let the courts decide it's that simple. And -- it is -- the world we you know dot org. Or. On thank you so much we will do Paul's book shows on the preacher at the time okay thank you but are coming right now. It's. We'll talk group vice president and general all over again -- -- sushi nations say what this. Double ago brigades celebrity and immoral 53 via.