Tuesday Morning Reads: BP Goes on Trial over 2010 Deepwater Horizon Oil Spill

Fire boat response crews battle the blazing remnants of the off shore oil rig Deepwater Horizon on April 21, 2010. The blowout in the Gulf of Mexico killed 11 people and sent 4.9 million barrels of oil gushing from the sea floor into the Gulf (Houston Chronicle).

Fire boat response crews battle the blazing remnants of the off shore oil rig Deepwater Horizon on April 21, 2010. The blowout in the Gulf of Mexico killed 11 people and sent 4.9 million barrels of oil gushing from the sea floor into the Gulf (Houston Chronicle).

See more photos of the Gulf oil disaster at the Houston Chronicle.

Good Morning Sky Dancers!!

From the UK Guardian:

BP went on trial over the 2010 Deepwater Horizon disaster on Monday, after the failure of efforts to reach a last-minute settlement.

US district judge Carl Barbier opened proceedings in New Orleans with a warning that it would be a “lengthy trial”….

The trial is designed to identify the causes of BP’s well blowout and assign percentages of fault to the companies. That will help determine how much more each has to pay for their roles in the environmental catastrophe.
Months of negotiations have failed to produce a settlement that could have averted the trial.

BP has said it already has racked up more than $24bn in spill-related expenses and has estimated it will pay a total of $42bn to fully resolve its liability for the disaster that killed 11 workers and spewed millions of gallons of oil.

But the trial attorneys for the federal government and Gulf states and private plaintiffs hope to convince the judge that the company is liable for much more.

The Guardian quotes Columbia law professor John Coffee as saying that there could still be a settlement, because BP obviously does not want to deal with the adverse publicity that would go along with a month’s long trial with damaging information about the company in the headlines day after day.

Read live tweets from the trial by Dominic Rush of the Guardian here.

Bloomberg Businessweek reports: BP, Transocean Accused of ‘Reckless’ Actions in Spill.

The mishandling of an oil-rig safety test by BP Plc (BP/) and Transocean Ltd. (RIG) officials was a major cause of an explosion that led to the 2010 Gulf of Mexico oil spill, lawyers for the U.S. and spill victims said at a trial.

BP and Transocean supervisors’ failure to properly interpret results of a pressure test on the Macondo well off the coast of Louisiana cost 11 rig workers their lives and sent millions of gallons of oil spewing into the Gulf, Michael Underhill, a U.S. Justice Department lawyer, and Jim Roy, an attorney for plaintiffs suing the companies, told a judge yesterday.

“BP put profits before people, profits before safety and profits before the environment,” Underhill said in opening statements that began this morning [Monday] in New Orleans in a trial before U.S. District Judge Carl Barbier, who is overseeing litigation over the spill….

BP executives’ “missteps and reckless decisions” about the safety test were prompted by pressure to generate billions in profits regardless of the costs, Underhill said in his statement.

Read the entire Bloomberg article for an excellent summary of the issues in the case.

Through their attorneys, BP, Transocean, and Halliburton pointed fingers at each other. NOLA.com:

Opening day at the long-awaited civil trial against BP and its partners in the ill-fated Macondo oil well at times sounded like a group of youngsters blaming everyone but themselves for a bad deed. That’s not an unexpected beginning in the first phase of a federal trial aimed at determining each of the companies’ financial liability for the accident.

The trial at the federal courthouse in New Orleans began Monday morning with opening arguments by Plaintiff Steering Committee attorneys, representing private parties who sued BP and its partners for damages; the U.S. Justice Department; and the states of Louisiana and Alabama, whose attorneys outlined their views of how the accident occurred and whether BP or any of its partners were guilty of gross negligence or willful misconduct, which could result in an eventual four-fold increase in fines under the Clean Water Act and the awarding of punitive damages for the private plaintiffs….

The federal, state and private party attorneys took aim at BP, which owned the drilling lease for the Macondo well; Transocean, which owned and staffed the ill-fated Deepwater Horizon drilling rig; and Halliburton, which provided an unusual, lightweight cement that was used to block the flow of oil in the well.

Among the recurring story lines and accusations:

That BP made the ultimate decisions for drilling operations on the Deepwater Horizon rig, was more concerned with profits than safety as it ran behind schedule and over-budget on the well, and that BP rig supervisors botched a crucial safety test before the April 2010 drilling-platform explosion;

That Transocean had not properly trained its crew, which missed clear signals that a blowout was about to occur;

That Halliburton’s use of a cement made lightweight with nitrogen bubbles was known to be risky, and the mixture did not succeed in sealing the well.

Other takes on the opening of the trial:

Wall Street Journal: Accusations Fly as Trial Over Gulf Oil Spill Begins

Transocean, which owned the drilling rig, failed to train its crews properly and didn’t maintain key safety equipment, said Jim Roy, a lawyer for hundreds of businesses suing the energy companies that were drilling the ill-fated well.

Brad Brian, a lawyer for Transocean, said that wasn’t true, noting that the Coast Guard, federal safety regulators and BP’s own management considered the Deepwater Horizon rig “what ‘good’ looked like.”

Michael Underhill, the Justice Department’s lead civil attorney, focused on a last-minute conversation between BP engineers on the rig and onshore that he said showed that the oil giant acted with gross negligence. The rig was not reviewed by hydraulic engineer to ensure that everything is safe.

But BP attorney Mike Brock argued the accident was caused by many mistakes made by all the parties aboard the rig, which exploded in April 2010, killing 11 workers and unleashing the worst offshore oil spill in U.S. history. “There were a number of mistakes and errors in judgment that were made by BP, Transocean and Halliburton,” Mr. Brock said.

LA Times: Greed caused BP’s gulf oil spill, lawyers argue

Energy giant BP, behind schedule and $50 million over budget drilling a deep-water well, emphasized cost-cutting over safety, causing the largest offshore oil spill in U.S. history, lawyers said Monday as the company’s high-stakes civil trial began.

Lawyers used PowerPoint presentations to provide a dramatic recounting of the April 20, 2010, explosion and fire in the Gulf of Mexico that killed 11 crew members. Workers were preparing to temporarily cap the Macondo well 4,100 feet underwater when it blew up. The 30-story drilling vessel about 50 miles offshore burned for two days before crumpling into the gulf.

The resulting spill of more than 4 million barrels of oil damaged the waters and economies of five states. And the responsible party was BP, according to the lawyers representing the federal government, Gulf Coast states and private parties.

Washington Post: Billions of dollars at stake for BP, other companies as trial opens for Gulf oil spill

One of the biggest questions facing U.S. District Judge Carl Barbier, who is hearing the case without a jury, is whether BP acted with gross negligence.

Under the Clean Water Act, a polluter can be forced to pay a minimum of $1,100 per barrel of spilled oil; the fines nearly quadruple to about $4,300 a barrel for companies found grossly negligent, meaning BP could be on the hook for nearly $18 billion.

The judge plans to hold the trial in at least two phases. The first phase, which could last three months, is designed to determine what caused the blowout and assign percentages of blame to the companies involved. The second phase will determine how much crude spilled into the Gulf.

The issues in the case are “massive” and “complex.”

Hundreds of attorneys have worked on the case, generating roughly 90 million pages of documents, logging nearly 9,000 docket entries and taking more than 300 depositions from witnesses who could testify at trial.

“In terms of sheer dollar amounts and public attention, this is one of the most complex and massive disputes ever faced by the courts,” said Fordham University law professor Howard Erichson, an expert in complex litigation.

The trial continues today.

AP via the Houston Chronicle: 1st witness to testify in Gulf oil spill trial

A University of California-Berkeley engineer who played a prominent role in investigating levee breeches in New Orleans after Hurricane Katrina is scheduled to be the first witness Tuesday at a trial involving another Gulf Coast catastrophe: the worst offshore oil spill in U.S. history.

Robert Bea, an expert witness for the plaintiffs who sued BP PLC and other companies involved in the Deepwater Horizon disaster, will share his theories about what caused BP’s Macondo well to blow out on April 20, 2010, provoking an explosion on the Horizon rig that killed 11 workers and spewed an estimated 172 millions of gallons of crude into the Gulf.

Bea’s testimony was scheduled for the second day of a civil trial that could result in the oil company and its partners being forced to pay billions of dollars more in damages. The case went to trial Monday after attempts to reach an 11th-hour settlement failed.

The second witness scheduled is BP America president Lamar McKay.

The high-ranking executive is likely to discuss corporate decisions that were made during the disaster. It was not clear if there would be time for his testimony Tuesday. Other BP officials were expected to give videotaped testimony.

In pretrial depositions and in a report, Bea argued along with another consultant that BP showed a disregard for safety throughout the company and was reckless — the same arguments made in opening statements Monday by attorneys for the U.S. government and individuals and businesses hurt by the spill.

Attorneys for BP tried to block Bea’s testimony, accusing him of analyzing documents and evidence “spoon-fed” to him by plaintiffs lawyers. BP accused Bea and another expert, William Gale, a California-based fire and explosion investigator and consultant, of ignoring the “safety culture of the other parties” involved in the spill, in particular Transocean Ltd., the drilling company running operations aboard the Deepwater Horizon.

It should be fascinating to follow this case, and I’m really hoping there won’t be a settlement. A trial could bring out valuable information that we haven’t heard about so far.

I thought the BP trial deserved its own post, but please consider this an open thread and post freely about any topic in the comments.


One people, one planet, one pollution

I was hiking yesterday (23rd) and looked out to sea. This is what I saw.

An orange-brown band of dust? smog? all of the above? stretching over the whole horizon. There’s a larger composite picture here that shows more of the extent. (In the foreground, you can make out the Navy Seabees target practice range. That’s Anacapa Island shrouded in the distance.)

I’ve lived here for years and never seen anything like it. Ordinary Los Angeles pollution looks like this:

It’s more purple-colored, much fainter, and bigger toward LA, petering out toward the ocean. (The picture is from an old post where I was puzzling about wind direction.)

When I mentioned it at home, I found out that Beijing had an Airpocalypse around January 12th and the next few days, an immense pollution event that drowned the city in choking dusty smog.


View of Beijing smog. From aworldchaos.wordpress.com.

NASA regularly tracks Chinese pollution across the Pacific, but it wasn’t usually still as thick as soup by the time it got here.

Well, it is now. I’m fairly sure that’s what I was seeing. Dirt pushed across the whole Pacific ahead of a huge storm system that also brought us rain later on. One to two weeks is how long it takes to get here from China.

This is not good.

Crossposted from Acid Test


Tuesday Reads: Romney and Zingers, Environmental Activism, and A Bit of Schadenfreude

Good Morning!!

I have some interesting links today–some of them a couple of days old, but even if you’ve seen them, they bear repeating.

First up, there’s just one more day until the first presidential debate. I just can’t wait to hear those “zingers” Mitt Romney’s advisers told the NYT he has been practicing for months.

Mr. Romney’s team has concluded that debates are about creating moments and has equipped him with a series of zingers that he has memorized and has been practicing on aides since August. His strategy includes luring the president into appearing smug or evasive about his responsibility for the economy.

Since August? I hope they haven’t gotten stale. Apparently they’re hoping Obama will have another “likable enough” moment. I doubt that will happen, but we’ll see.

Frankly, as Ezra Klein writes at HuffPo, Romney would be better off to forget the zingers and develop more popular policies.

Behind in the polls and facing mounting panic among his donors, Mitt Romney is readying his secret weapon for the debates: Zingers….Pro tip: If your strategy to turn the presidential election around relies on Romney’s sense of comic timing, you might want to prepare a Plan B, as well.

The idea that this election can be reshaped by a zinger speaks to a deeper problem in the Romney campaign’s fundamental view of the race. As they see it, Obama’s record is an obvious disaster and their job entails little more than pointing that out over and over again. That the polls haven’t seemed responsive to this theory hasn’t dissuaded them. The new explanation for Romney’s difficulties is that the media are in the tank for Obama and that’s why the Romney campaign’s message isn’t breaking through.

But, Klein says, Americans know the economy is bad, but they also think it would have been worse if John McCain had been elected, rather than Barack Obama. Check out the chart.

Anna Marie Cox also addressed the “zingers” story at the Guardian.

The Romney campaign, having already proven able to discover impressive new ways for a nomination to blunder (my jaw still involuntarily drops a little when I hear the phrase “47%”), they have now added yet another type of podiatric wound to their catalogue. According to a report in the New York Times on Saturday, Romney’s staff “has equipped him with a series of zingers that he has memorized and has been practicing on aides since August.”

Already an awkward presence, Romney seems particularly susceptible to the tense stillness and deathless pathos that accompanies a dud punchline. Picturing the forced jocularity around the campaign headquarters has its pleasures, specifically the idea of Mitt trotting out well-worn jokes with the panache of a Catskills stand-up:

“Take my economic policy … please!”

“How lazy is half America? So lazy …”

“Any car-elevator owners in the audience tonight?”

But there’s an awful flipside: my God, what if he actually tries one of them?

Whether you wince or guffaw at the image of Romney attempting and failing to “zing” the president, probably says more about your tolerance for the humiliation of others than your political sensibilities. You’d think covering politics would have inured me to it by now, but in real life, I can’t even watch “American Idol”. I will view the debate on Wednesday through the spaces between my fingers, with a desk nearby to bang my head against.

What I really wish is that Romney would follow Donald Trump’s advice. According to TPM, Trump tweeted that Romney “should ask Obama why autobiography states “born in Kenya, raised in Indonesia.”

Romney will definitely have to watch his tone though, based on the results of a focus group study that TPM reported today. And Republicans will have a hard time saying this one is biased, because it was done by Haley Barbour’s company.

Barbour’s firm Resurgent Republic conducted focus groups of blue collar voters in Ohio and suburban women in Virginia who supported Obama in 2008 but are now undecided. Both are swing demographics that Romney is working to win over in order to flip each state from blue to red.

Their findings? Voters are a lot more willing to believe attacks based around Romney quotes than they are on Obama quotes.

“Whenever we showed direct quotes from President Obama over the last few years, voters consistently say that this is probably taken out of context and they don’t seem to hold that same standard with Governor Romney,” pollster Linda DiVall, who conducted the Virginia focus groups, said in a conference call announcing the findings Monday.

She added that while their reaction struck her as “a little bit unfair,” it was nonetheless “American voters’ right to do that.”

Pollster Ed Goeas said his own Ohio focus groups elicited similar responses, which could make things harder for Romney as he seeks to reverse his comments that 47 percent of Americans consider themselves “victims.”

It sounds like these swing state voters have figured out that Romney is a lying liar who only cares about the needs of the top .01 percent. Voters just aren’t as stupid as the Romney campaign thinks.

Did you see the tough op-ed Harry Reid wrote for the Las Vegas Sun on Sunday? He really ripped Romney a new one.

We learn the most about someone’s character not from what he does when he knows others are watching but from what he does when he thinks they aren’t.

We’ve learned an awful lot of troubling things about Mitt Romney recently. First, his sweeping, closed-door condemnation of President Barack Obama’s supporters revealed the disdain he has for half the population he hopes to serve. Then, the limited tax returns Romney selectively released confirmed that he’s willing to share information about the time he’s been in the public eye and running for president, but not the time he was running the corporation he touts as his sole qualifying credential for the highest office in the land.

When he thought no one was listening, Romney accused 47 percent of Americans of not taking responsibility for their lives, painting them as lounging in government dependency — a conclusion he reached because, for various legitimate reasons, they are exempt from paying federal income taxes.

Romney stands not only on shaky ethical grounds in making that indiscriminate generalization — he’s also on flimsy factual footing. The 47 percent Romney derides as self-pitying “victims” includes seniors who live on a fixed income thanks to the Social Security they paid into and earned over a lifetime of hard work, our troops in combat zones and veterans who have fought for our country. It includes students studying to get the skills that will win them the jobs of the future and decent Americans actively looking for work because their jobs were outsourced by companies such as those Romney specialized in developing. Most of them pay plenty of payroll, property, local and state taxes.

Reid goes on to beat Romney over the head with his secret tax returns one more time. Go read the whole thing if you haven’t already. Reid is turning out to be the Democratic attack dog of the 2012 campaign season.

Just one more Romney link: Romney would put states in charge of federal lands. James Bruggers, a Kentucky reporter who covers environmental issues full-time writes:

Our public lands are a birthright, held in trust for each one of us and managed by a set of laws that were worked out through compromise by Congress and various presidential administrations going back generations.

They provide places for us to hike, ride our mountain bikes, horses, camp, hunt and fish. Many are managed for multiple uses, and they also allow for cattle grazing, timber harvesting, oil and gas development, mining and skiing.

Romney, however, has said he would change all this, putting states in control of lands now under the stewardship of such agencies as the U.S. Forest Service and the Bureau of Land Management, who are charged with making sure all Americans have a say in their management. Often this gets reported simply as an expansion of oil and gas development on public lands, a simplification that fails to acknowledge just how radical of a shift in public policy it would be to turn over federal lands to state control.

From a Romney white paper:

States will be empowered to establish processes to oversee the development and production of all forms of energy on federal lands within their borders, excluding only lands specially designated off-limits;
• State regulatory processes and permitting programs for all forms of energy development will be deemed to satisfy all requirements of federal law;
• Federal agencies will certify state processes as adequate, according to established criteria that are sufficiently broad, to afford the states maximum flexibility to ascertain what is
most appropriate.

I still remember how shocked I was when I heard Romney say this in the Nevada primary debate. This is a huge issue as far as I’m concerned. American is still a beautiful country with many unspoiled wilderness areas. It is vital that we protect those public lands–they belong to all Americans, not to individual state governments.

Here’s another environmental story on the attempts to block the Keystone XL pipeline: BREAKING: Blockader Locks to Underground Capsule to Protect a Family Farm. It’s a live blog of the “Tar Sands blockade.” Here’s their Facebook page.

From Firedoglake blogger Kevin Gosztola:

A Tar Sands Blockader, Alejandro de la Torre, locked his body in a concrete capsule buried in the path of TransCanada’s Keystone XL pipeline to stop a small family farm in East Texas from being destroyed by construction. He blocked demolition for at least six hours before police were able to break off a chunk of concrete is arm was in and arrest him.

Police confiscated cameras of Blockaders that were there to film for Torre’s safety. Tar Sands Blockade spokesperson Ramsey Sprague reported they wanted to keep cameras on him as long as possible but police intimidated observers and took the cameras.

Last week, TransCanada supervisors encouraged police to use torture tactics on protesters to stop their nonviolent direct action.

Sprague recounted the brutality, which was “astounding.” Shannon “Rain” Beebe and Benjamin Franklin locked themselves to TransCanada machinery to stop clear-cutting. The police hung them with their arms behind their backs. They put pressure on their shoulder with their arms twisted. They pepper sprayed a tube connecting their arms. They twisted a tube cutting off circulation to their hands. (One protester is seeking medical attention for nerve damage.)

The police used tasers and planned to keep using tasers on Beebe and Franklin until they released. Cameras were supposed to be on the scene to film the action, but police were directed by TransCanada supervisors to run off those with cameras so they could commit brutality without people seeing video evidence on the evening news.

Continuing the environmental theme, pioneering environmental activist Barry Commoner died on Sunday.

Scientist and activist Barry Commoner, who raised early concerns about the effects of radioactive fallout and was one of the pioneers of the environmental movement, has died at age 95.
Commoner died Sunday afternoon at a Manhattan hospital, where he had been since Friday, said his wife, Lisa Feiner. He lived in Brooklyn.

Commoner was an outspoken advocate for environmental issues. He was one of the founders of a well-known survey of baby teeth in St. Louis that started in the late 1950s. The survey assessed the levels of strontium-90 in the teeth and showed how children were absorbing radioactive fallout from nuclear bombs that were being tested.

The survey helped persuade government officials to partially ban some kinds of nuclear testing.
Feiner said Commoner had “a very strong belief that scientists had a social responsibility, that the discoveries would be used for social good and that scientists also had an obligation to educate the public about scientific issues so that the public could make informed political decisions.”

Commoner took on that role of educating the public, writing books on environmental issues. Among his works were “Making Peace with the Planet” and “Science and Survival.” He made the cover of Time magazine in early 1970 and ran for president as a third-party candidate in 1980.

Finally, here’s a little bit of schadenfreude for you. Bloomberg reports that New York is “suing JP Morgan for fraud over mortgages securities.”

JPMorgan Chase & Co. (JPM), the biggest U.S. bank, was sued by New York Attorney General Eric Schneiderman over claims that the Bear Stearns business the bank took over in 2008 defrauded mortgage-bond investors.

Investors were deceived about the defective loans backing securities they bought, leading to “monumental losses,” Schneiderman said in a complaint filed today in New York State Supreme Court.

“Defendants systematically failed to fully evaluate the loans, largely ignored the defects that their limited review did uncover, and kept investors in the dark about both the inadequacy of their review procedures and the defects in the underlying loans,” Schneiderman’s office said.

Schneiderman in January was named co-chairman of a state- federal group formed to investigate misconduct in bundling of mortgage loans into securities leading up to the financial crisis. The group includes officials from the U.S. Justice Department, the Securities and Exchange Commission, the FBI and other federal and state officials.

Poor Jamie Dimon. Why don’t people respect his “success?”

Those are my suggestions for today. What are you reading and blogging about?


Okay. Now it’s a heat wave.

The interior of Southern California has been slow-roasting, like everybody else in the U. S. of A. It’s so bad, people are being told to use their A/C less, to let their houses go all the way up to 78°F (25°C). The utilities have been moaning about having barely enough power to meet needs and many AC repair companies are totally booked.

They’ve been bewailing the temporary shutdown of the San Onofre nuke like the loss of the last drop of drinking water. (The thing has cracks in hundreds of steam pipes due to design flaws.) It provides 2200 Megawatts. It’s loss is terrible. We’re all dying out here.

A complete load of horsefeathers. I live near two natural gas power stations, and they’re barely ever even on. If it’s as bad as all that, you’d think they’d have to use them, yes? One produces 560 Megawatts, the other 1516MW. But they don’t. Especially the 1516MW one. If I see it running two days out of the year, that’s a lot. Admittedly, I don’t spend my life staring at it, so I might miss a day or two, but not much more than that. The other one seems to run maybe 14 days out of the year.

Then, yesterday I went for a hike and saw this:

view of Pt. Mugu

Nice, you say? What are you complaining about, you say? Well, look at those two wisps coming out of the two power plants. They’re running! They’re producing power!

Ormond Beach Generating Station

Half of it is down right now due to a fire, so it’s only producing about 730MW. (Notice also that line of photochemical smog.)

Mandalay Generating Station

The neat thing about natural gas plants is the utlities get pollution credits for them because they’re so (relatively) clean. So — this is just a wild guess — by not running them, they can use those credits for dirtier plants of theirs. Or sell them to other needy utilities.

Meanwhile, they can weep and wail and gnash their teeth over how we must turn the nukes back on now now now! Or else we might have to turn the A/C all the way to 79°F.


Everything wrong summarized in one picture

tractor using fuel to vacuum grass clippings on a sod farm

Vacuuming grass clippings at a sod farm

A sod farm grows lawns for people who can’t be bothered with the whole grass-seed-and-careful-watering effort. It takes tons of fossil fuel. It takes huge quantities of water. You see farmworkers carefully moving the irrigation pipes every few days so that none of the sod gets marred by having a pipe on it too long.

You also see farmworkers walking the fields in formation, plastic bags on their belts, gently using a screwdriver-like tool to remove any weed trying to invade the living astroturf.

And, of course, the new grass has to be cut regularly for the sod to form a nice even carpet. More fossil fuel. Also, grass clippings. The clippings can’t be allowed to matt down. So they are vacuumed up.

We’re living in a world where it’s worth building huge wells drilling thousands of meters down to bring up ancient decomposed bacteria that are refined in enormous factories and then trucked everywhere while releasing their carbon to cook the planet so that fuel can be put into tractors to vacuum grass clippings.

Insanity.