May 28, 2014|
Garland gets the latest on the lawsuit against 97 oil companies to restore Louisiana's wetlands with author John Barry and lead counsel Jim Swanson.
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Automatically Generated Transcript (may not be 100% accurate)
All right a minimum. And probe because it would render in the show for a long time and we continued -- to bury him. Legislature. And debating all of -- build to suit our needs several more competent for dividends for the wetlands. One of the leaders of that -- -- John Barry is with the as Jim Warren to lead counsel from -- -- good also with the a Joan -- and thanks so much from Richard call. Should be for 69. Told the bullet. Well we're down to it they've filed seventeen bills stick -- losses. It looks like there's just this one last. Although knows what. Manipulations may come up in the last days of the legislature. And this is that the vote is probably tomorrow late although it's conceivable it could or B roll -- Friday. It is very close. The other side is pulling out every region stops including where learning does. Trying to mislead some legislators it's not actually lied to them which is an indication of just how close it is. So then. If you know I hope your rot your listeners will -- called pair. Legislators. There are you know several names in the area that are. Undecided. On the West Bank there's. Jeff Arnold Bryan Adams Robert Doleac. Cameron and reason battery. And aren't sure there's. All policy Tim Burns. Scott Simon. They can just called the which sport of the House of Representatives. 225336. Or one forgery and answered their rampant so ask from the vote no. And SB force 69. They were in the times Picayune today. Both an editorial. And then op Ed piece by. Coastal scientist. About why this matters it really is about public directory. People's lives. John Swanson -- we only have accurate. The bottom of the hour so -- -- as ski couple put in words. A Watson into your -- left I would John burial in their representatives or accomplished and once again represented gold companies said. This is basically about -- -- -- you and your billions of all the address that please. Well the you know it immediately when this suit was filed our legal team. Indicated that the contract that we have. We have flood protection district that we would be willing to. -- that contract. If they oil companies are willing to come to the table. And we would see if we could reach some kind of resolution that would. Solve this problem over an extended period of time. Part of what would be resolved in the that would be what if any legal team we would be. Entitled to it and if we couldn't agree on that we willing to arbitrate. Without reference to our contract so. We made that offer when the suit was filed and we've made that offer. Recently of a month or so ago and so I think I think at the a bit of a red -- This this isn't about. Greedy lawyers about trying to assault both on major problem for the states to the -- is not the problem. Coastal land loss and protecting people from hurricanes storms surge that's the problem. I'm not again -- out of this nobody on the -- authorities getting a penny out of that we do well. Is that hundreds of millions of dollars if not. Billion more. Goes in the laboratory. And technical stuff. Like the the op Ed today in the paper about the land bridge that expands out. Into the lake from moral plane. Nor on these towards Slidell. That is disappearing and if it disappears. And every arcane it comes into -- will be seven beat higher. Then it would otherwise be which pretty much. Which you know would would -- like about the flood protection system that we just finished building. There's no money to keep that in place. -- -- -- Well did just say keep that there would be 600 million dollars is that in the master plan. For that of course -- unfunded. The the plot authorities have another idea that would actually lower sponsor it's not just keep that in place but it would lower storm surge in the lake. In which would cost you know we -- price that out yet but it's certainly not going to be cheap. Origin you gotta trigger for -- to come back. There were gun owners are getting tired of me trying to nailed down from -- Because. Just one man in all of this gets a little complicated. But -- keep going back to groups I think pitched through both you can tell me where there. -- -- -- If we don't. Have -- money to -- though planned. A lot of us or going to be able do that here a lot of businesses -- -- -- -- -- -- -- we conduct. I'm looking at the 2015. -- due 2015. An annual plan. Or via master plan. And I'm looking at funding for 2015700000. Plus 2016400000. Plus are. -- -- -- -- -- -- 2007 in four and 33 now he says we need fifty billion minimum. Or fifty year and -- at 740400. And I Garret graves on the of the day in this sort of when we come back and ask you about these simple actually -- eighteen billion. And I'm trying to figure this out because if nothing else we should be able to tell the public. You're not gonna live here because we don't have the money in this and what we think we have that from what we do. Come right back. All right we're getting the lead to subdued on the fight. To be able to at least state court the proposition to soon and several oil companies. Over the DMZ did do -- -- area actual purpose than just try and get him to the eight ball. To talk about it if they would be reasonable. For a for a certain sum of money to be able to help all both -- including them -- got John Barry on the line. Jim Swanson the lead counsel this potential of some -- Right yeah. Of looked at these three year revenue projections the biggest year 2050. Seven are removed in the 400 -- -- 400 meal when I looked at that. That says we don't have to build your new year we need for fifty years minimum. According to -- should play isn't. And then I've Garret -- on yesterday. Is simple we have eighteen billion dollars -- mean what. Does anybody know what we have been told that. Yeah I think everybody knows what we we haven't don't have and certainly Garrett knows that we haven't and don't have. Included in in his eighteen billion dollar figure. Is fourteen and a half billion dollars that was spent by the corps of engineers to. Fix the Levy system after Katrina. So if you take that out which it doesn't it doesn't belong in -- it's not a master plan project. An authority spent and it's and it's money that was already spent. And it's money that that there's going to be a cost sharing. Expense associated with -- around seventy million dollars a year upcoming starting in you know I believe fiscal 2017. You you get down to what the real figures are in the real figures that we have are the ones that you just outlined that are contained in the master plan. John. And then boom boom boom move -- -- the leaders in the legislature. Garrett said virtually on the quarter and of all companies will all have -- noon the objective they're paid tens of billion dollars in royalties and taxes. Hundreds of thousand jobs. You know just Bruins who were neighbor without sitting down and talking to them to resolve the issues. That is really funny for Garrett to say that because one of -- Equity One of the reasons. We. Went forward. A key part of the decision to. Was in December 2012. We sat down with -- Garrett to tell them what we were considering don't. And at that meeting. We suggested. Since we couldn't speak for being part stated we could only speak for our jurisdiction. That Garrett and we go to Christian and the former congressman's. Runs the trade association for the majors you Panama on your show. We suggested that Garrett go to Chris John and try to work out a deal to cover the entire state. Garrett put -- quote I already tried that they are not there yet. -- -- Now I have said that publicly a hundred times including atom CP IRA meeting with him a few feet away from me he's never contradicted it. And so he he he and his role recognize that the industry should. Anymore that they should make a substantial contribution to the master plan he -- them for it. They told them to take a hike there -- not there yet he says while Heidi get them there. How do you get them to the table there's only one other option and that's -- In that meeting he is much is told look guys for political reasons. Were we we be in the state were not -- oil companies. So the reality is he should of welcomed our losses. In those words they're not there yet. When we relayed them to the whole board that absolutely convinced the board to go forward with the disclosure prodded him. Or and therefore understand -- correctly senator -- -- and or saying look these the -- the flood authority. Doesn't. Legal authority to do this of course eternal truths that you do. But they always said the -- is consumed. But but it is is that true is is that something of all the parishes could pick up. You know here's here's an easy way to understand that issue Garland the -- there are two aspects to flood protection in in our jurisdiction what is the buffer zone which is the first line of defense in the second. Is the Levy. System itself. And as the buffer zone disappears the Levy system has to be augmented and and armor in -- and it. And the costs are enormous for that the fourteen and a half billion dollars gear was talking about where is just the cost to repair that. Levy system after Katrina. If the buffer zone continues to erode the -- system is going to be more and more expensive to maintain and to and to operate. Those costs are costs that are incurred by the -- system by the south Louisiana flood protection district. They -- not costs that are incurred by the parishes the parishes will never be able to sue for those and that's with force 69 is designed to ensure. That is that the that the taxpayers. In our jurisdiction and our state are going to be forever responsible for those increased costs. There were directly caused by the oil company activities. And at the parachutes have actually nothing to do with that. And that what that's what this bill is going to do it's gonna saddled with taxpayers with with the bill let that should have been paid by the oil pumped. Oregon tell me who does it not tunes from -- -- got them from none other than to. Tell you this is incorrect. Sooner -- brutal way and send the bill for 69. Would level all coastal parishes bringing lawsuits against the longest cup instantly relieved and that the coast. The building used as a district attorney for local government. With -- approved program or local government with the approved program but now all of the -- says. Only an appropriate. Different fraternity. Or -- local government within approved program. Is that correct in and -- the trinity. That is correct the bill only allows parishes to -- that -- approved programs so there are. There's a list of a number of Carolina and Paris eleven parishes that are going to lose lose their rights entirely to 11211. And it's. Appropriate deferred to attorney. The district attorney that definition of that is is that district attorney in a -- with an approved program. Would be the appropriate to -- to turn right. Yes OK board to board to what's happening today is today and but glanced off Bora where -- we -- Well I think the you know -- I don't pressured being exerted right now. By the governor. By the oil industry. We're trying to respond. It's have you lobby day were. You know Jim essentially gone off the your your show it meet with several legislators. I'll be joining him is in his where it done. It is going to be a close vote. And as -- upset at the beginning there are seven local legislators who were undecided. Jeff Arnold Bryan Adams. Robert Billy on the West Bank Cameron and raised. In Metairie. On the North Shore. Paul follows him burns and Scott Simon you can just go all the house switchboard. 225342. 6945. If you think the lawsuit should go forward. And let the courts decide it is illegal issue. You know we think we've got a great case but to the oil industry has legal defenses. But instead of going to court and fighting. In court with the -- legal defenses they ran to the politicians. To interfere with the court consistent as. -- again I I believe in this country no one is above the law I think that's one of the founding principles. Of this country's. Except apparently the oil industry in Louisiana State think they're above the law and they want the legislature to put them about the law. We're gonna bring that helps number owner -- -- -- Give you want to add anything before you leap. No well I I think this is beautiful when we look back in five years on what what are the most important decisions were made by the legislature. In in the new year that we work around that this has got to be up there as one of the very most important I know it can be. A little difficult to see into the future what's gonna happen with the when that went another major storm hits our city but if if the coast continues to erode and there's no money to. To augment the coast and no money to. To augment the Levy system. We're setting ourselves up for an incredible to test. And we're gonna put the house number -- -- and for those of you who think. Your phone call you mil doesn't have political and you re not my words and read from the local media. Senators -- playing of -- it's a parade states and hooters. Uses and the microphone to do some -- And they're venting about you. Senator Joseph -- -- opened the floodgates would be complained about a direct mail wire urging his constituents -- all in. About votes on this bill. He's at odds of formula like considered Woodson over these are blocking. So there that tie up the Poland. Have been too soon to Robert apple respond during bill describe the lawsuit. Seven have home picketed people have been seen walking around -- and with the picture -- the stick. It's seems to be the new politics now too well and just make phone in us. So it's -- say about -- hearing. Gentlemen thank you so much at least shouldn't want to thank you so much John hopefully I can keep you for another ten minutes or so -- -- right. Thank you very much -- -- Are walking back and a promise you that -- we would follow this story all the way through of root ball -- a lot of people tuning in to about -- object. About the fact that there it's an effort to assume any sentinel company in the effort will -- the news. To get the all complicit. In and just. Letters saying that and -- had permits. You're -- who have legal documents. Word you said we're going cut these canals and there's like 220000. Models of them. And and went ahead Garret graves on yesterday you -- you know Garland we should be. Focusing. On the real damage. Done by the Olympics. And he said you know -- you can pixel hard. While working on caught meaning. The canals cut we're not the big problem. But that's not the point you -- sued the federal government for small. Second -- -- They'd give legal regiments. To do this and profit from they've been good citizens great citizens this -- about the dislike them. It's about. Curtain call at gonna be a -- lived here John Barry. Formerly with the subtleties of -- in the flood protection authority of course from all of those great. -- -- keeps saying. We're not going to be who live there. And and I have friendships you tackles that in unit during your -- very bright person. And you know likened likened -- Cruces. Tell me if I'm exaggerating our. Mean you're not unfortunately. I mean I joke with people that I wanna be buried in oral insulin can be buried its. You know that the day that she files lawsuits a reporter asked meanwhile was to it and it never actually thought about it. Are currently -- answer that question -- Said because I -- and oral I want to survive and that's regarding Barrett's comments. Remember. I don't get a penny for many events. We're aggressive in -- protection Garrett is running for congress. -- to the campaign contributions come from why do you think Jindal. It is opposing lawsuits so strenuously. He was actually -- the Coke Brothers. Some of the biggest funders. And in politics in the country. When they won that lawsuit. When microproze. You know we told Garrett eight months in advance -- they -- -- didn't tell the governor that Spezza has been purchased. You know the point you made about. -- number one the levees you know did the news. The core is a young -- we can no appointments to the core plots. If you were saying you know the levees or something that the entire society decided to deal. No one would be living in this part of it is the world is remarkable is that -- -- exist on -- exist the government proposed toward away when exist. The ports system when it did exist. The petrochemical industry along the river between Baton Rouge in Orleans when exist all those are possible because of politics. The levees had unintended consequences which are harmful. The oil industries different we knew what was going to happen. We knew that there was going to be damage. So the oil companies. Got permits to drill. And in return for the opportunity to make profits which believe me. I want to make -- do. But in return for that in those permits they agreed. To fix the damage that they caused when they were sentenced. And the lawsuit is simply asking them. To honor their permits -- base state law which says quote. Restore as near as practicable the original condition on court. Oakland took one more break in its new five more men for -- All right come right back on Butler doubled up. Are welcome back we're darkened two -- John Berry. Formally dissolve these we've -- flood protection authority. Author of and number aggrieved groups the one room you're number of modes. A rising tides grade -- have been stolen and 27. But -- she and number of others rejuvenated the flow and mindset -- oil companies. And John bear with me is this is -- horrible -- -- -- But I know people listening right now listening to you and -- Considering these guys are anti oil they don't like the oil industry. And and there are after dim because they just want their money for this project a very aware of are you heard me say this for a groping a humble okay. My daddy was or broken -- -- about two pusher. I was brought American routes about for two years a lot of the oil industry it gave me virtually everything in my -- But. They signed. Legal. Agreement now John you tell me if there's some knowledge you have holes. I got a house you'll move next door. How like -- we get along maybe you did media -- favors may be even got the job. We share -- -- -- And you're gonna cut down some of the tree and it's a -- be careful. Don't hurt my home. -- you cut it the wrong way it damages mother broke. And I go -- will won't from here in money from prudence to get a room fixed. But its -- not enough. And we had agreed. -- or written legal document. That you would fix it if you broke it. And I don't want to -- Arnold wanna go back to you for the money. But I have no choice if Falwell lived in that house that you tell me is at a bed and how do you what do. I think it did analogy and I also work for the industry actually won an award went to get from one of the defendants. The board it's what authority is a conservative board. -- The most vocal supporter of the lawsuit as a Tea Party member. Or conservative. You know this is about the loss you know in the legislature there are accusing me of being an environmental activist. Is that's an awful. It's but it anyway I think I'm an act -- law and -- activist. It's we've got lawsuits simply seeks to ask them to Obey the law. You referred my books so you know alignment so. Let me tell you history does not just happen. People many. People make history and honestly yours your listeners can make a little history. United they call their legislators. And tell their legislators. Let the courts decide. Vote against. Before 69 let the courts decide. And date can. I believe people legislators do and -- get -- -- and they. We've reduced room of the new releases that say they aren't they are out. Here's your view of -- want to Krugman on -- plan that. The lives. Just came out with a report that says it would -- -- billion dollar Oedipus to protect it from floodwaters. -- -- good to go. But it's a hundred year protection. We're supposed to get 500. -- -- his circumstances. We didn't. We're losing. The ball for that keeps all of us from having. Our parish is destroyed just like Katrina ball would march and solar storms. And we're we're losing all. Because we don't have the money to -- build it back. Though flood walls or not he got off. The the land -- you talk about from premier Slidell. If that's not rebuild. It's it's seven more feet of floodwaters are the gonna -- million. This is -- thing where I think. This city ends up being sliver on the river. Ninth Ward go and seventh ward called New Orleans he's gone mid city going league view goal. If we don't get the money to keep that from. Now. Your your book very pleased smoking. Speaking. Where -- moral. Well I mean that's exactly what the authorities. Understood what the commissioners understood. Going back several years and that's exactly. Why the lawsuit was filed. Nobody disputes. The fact that the industry payments to. The land outside the Lebanese that is back it's not controversy. The industry itself admits. Then nobody disputes. That the permits. And state law are required them to fix what they do damage they have been. Now they're going to the politicians. To get out of and that's just not the way the world is supposed to work you can sit there it well again that's the way it does work well stop that. You know as I said a minute ago people make history. Or get -- We got a burden of quick questions. North Louisiana legislative board they're voting against this cold stole. Represented. Wired they voting against this sort why have they not made up their mind and -- -- always been fascinated about this. 1020000. Miles of pipeline that sinking along with the wetlands. Why isn't weren't all companies in pursuit of rebuilding -- ground that the pipes at all. Well yeah. They want taxpayers to pay for. That's ideal my concern actually glad that taxpayers are gonna pay more than that nobody's gonna pay for an interview that that means. This area and gone largely. Disappear or -- -- incredibly vulnerable and we won't be able to appear. -- -- -- -- -- John Berry thank you for what you're doing. Thank you this thing continues. In today in the times calls. Come right back double to. Or -- beat your of your bureau of government on the road. Government search. It's they'd they'd just put themselves and their setting. Is the legislature's. Illuminating. The public from whites when it comes to this oil soon. Up next we'll talk about the illegal lift that -- Should be fun and introducing -- --