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Polluted Justice: Many Gulf Federal Judges Have Oil Links
MIAMI - More than half of the federal judges in districts where the bulk of Gulf oil spill-related lawsuits are pending have financial connections to the oil and gas industry, complicating the task of finding judges without conflicts to hear the cases, an Associated Press analysis of judicial financial disclosure reports shows.
Polluted Justice: Many Gulf Federal Judges Have Oil Links Thirty-seven of the 64 active or senior judges in key Gulf Coast districts in Louisiana, Texas, Alabama, Mississippi and Florida have links to oil, gas and related energy industries, including some who own stocks or bonds in BP PLC, Halliburton or Transocean - and others who regularly list receiving royalties from oil and gas production wells, according to the reports judges must file each year. The AP reviewed 2008 disclosure forms, the most recent available.
Those three companies are named as defendants in virtually all of the 150-plus lawsuits seeking damages, mainly for economic losses in the fishing, seafood, tourism and related industries, that have been filed over the growing oil spill since the Deepwater Horizon drilling rig exploded April 20, killing 11 workers. Attorneys for the companies and those suing them are pushing for consolidation of the cases in one court, with BP recommending Texas and others advocating for Louisiana and other states.
A Washington-based federal judicial panel is scheduled to meet next month to decide whether to consolidate the cases and, if so, which judge should be assigned the monumental task. The job would include such key pretrial decisions as certifying a large class of plaintiffs to seek damages, a potential multibillion-dollar settlement, whether to dismiss the cases and what documents BP and the other companies might be forced to produce in court.
The AP review of disclosure statements shows the oil and gas industry's roots run as deep in the Gulf Coast's judiciary as they do in the region's economy. For example, one federal judge in Texas is a member of Houston's Petroleum Club, an "exclusive, handsome club of, and for, men of the oil industry."
Federal judicial rules require judges to disqualify themselves from hearing cases involving a company in which they have a direct financial interest, and some Louisiana judges have already done so. For example, U.S. District Judge Mary Ann Vial Lemmon in New Orleans, who reported ownership of BP stock, issued an order in early May that the court clerk not allot cases involving BP or related entities to her docket.
Another New Orleans jurist, U.S. District Judge Carl Barbier, said in court Friday he is selling his oil and gas investments - which included Transocean and Halliburton - to avoid any perception of a conflict. Barbier is presiding over about 20 spill-related lawsuits and some attorneys are recommending that he be chosen to oversee all cases filed nationally.
Still another judge in Louisiana, U.S. District Judge Eldon Fallon, recused himself because his attorney son-in-law is representing several people and businesses filing suits against BP and the other companies over the rig explosion.
In many ways, the financial conflict rules are murky. For example, a judge does not have to step aside if the investments are part of a mutual fund over which they have no management control. Mere ties to companies or entities in the same industry, no matter how extensive, also don't require disqualification, according to legal experts.
"The specific rule forbids judges from hearing a case in which they have a financial interest. The more general rule forbids them from hearing cases in which their impartiality might reasonably be questioned," said Charles Geyh, an Indiana University law professor who has closely studied judicial ethics.
So a judge like U.S. District Judge Stanwood Duval of New Orleans would not have to disqualify himself even though he reported royalties from "mineral interest No. 1 and No. 2" in Terrebonne Parish, La., on his 2008 forms. Likewise for Senior U.S. District Judge William Barbour Jr. of Mississippi, who listed at least 30 oil and gas interests in three states including "McGowan Working Partners" and "Petro-Hunt Bovina Field," both in Mississippi.
Some judges have close ties to the energy industry that aren't for financial gain, but could still raise questions of potential bias.
The judge BP wants to hear all of the spill-related cases, U.S. District Judge Lynn Hughes of Houston, for the past two years has been a "distinguished lecturer" focusing on ethical issues for the 35,000-member American Association of Petroleum Geologists.
Hughes is not paid a fee but does receive reimbursements for travel, food and lodging, said association spokesman Larry Nation. Hughes has appeared at petroleum geologist meetings in several Texas cities, in New Orleans and also in Cape Town, South Africa. He is scheduled to give a lecture later this month in Calgary, Canada, the oil and gas capital of that country.
"Under the circumstances, I can see why the questions are being raised," Nation said. "But one of the reasons Judge Hughes was chosen to be a lecturer is that he is known as a very ethical person. I would think his being an ethics lecturer for our organization would be a positive, not a negative."
Hughes said at a hearing Friday that his work for the geologists poses no conflict and that his other oil and gas investments - which include royalties from several mineral rights interests - are not connected to BP or the other companies involved in the spill lawsuits.
Florida attorney Scott Weinstein, whose firm represents charter captains and other companies suffering economic loss from the spill - including the owners of the Ripley's Believe It or Not museum in Key West - said people might think it's unfair for BP to win its wish with a Texas judge rather than one seated in Louisiana or Florida, where the spill's impacts are greater.
"I would never assume that a judge is biased because of the jurisdiction that he or she sits in," Weinstein said. Still, "if this case winds up in Houston, many of the victims will feel very distant from where that justice is being handed out. It will not make sense to them."
Another Florida plaintiffs' attorney, Stuart Smith, was more blunt about the companies' aims.
"They would get much more sympathetic judges and perhaps a more sympathetic jury," Smith said.
In court papers, BP says that Hughes has the "experience and capacity" to handle the lawsuits and that Houston is the ideal location because most of the defendants' companies have headquarters or major operations there. BP spokesman have repeatedly declined to comment on pending lawsuits.
Some attorneys have come up with an unusual assertion: import a New York federal judge with a strong background in environmental lawsuits to Louisiana to preside over the cases.
They are recommending that the U.S. Judicial Panel on Multidistrict Litigation appoint U.S. District Judge Shira Scheindlin. Scheindlin presided over settlement of some 200 lawsuits brought against BP and other oil companies over a toxic additive called MTBE that contaminated drinking supplies nationally - and she has no oil and gas investments, according to her financial disclosure forms.
Attorneys with the Weitz & Luxenberg firm in New York said they recommended Scheindlin rather than a Louisiana judge because "most or all of the judges in the (Louisiana) district have a conflict and cannot preside" over the consolidated cases.
Scheindlin's deputy said Friday she was out of town and unavailable to comment on whether she would accept such an appointment.
The judicial panel meets July 29 in Boise, Idaho, to hear arguments on consolidation of the oil spill cases. Recommendations also have been made for sending the cases to Alabama, Mississippi and South Florida.



13 Comments so far
Show AllWe are calling to amend the U.S. Constitution to abolish the legal doctrine of "Corporate Personhood," which we define simply as the illegitimate notion that a corporation can claim political and civil rights to overturn democratically enacted laws. We are building a broad-based, multi-partisan democracy movement in the United States to address the reality that the federal courts have made democracy impossible. It's time to change the rules!
Riki Ott http://www.rikiott.com/
Judges and the supreme court have sold out to corporations.
Rule of law is what they say it is, they do not protect the constitution , and Americans rights to due process of law and redress of grievance's. Example ,,, Warrant less Surveillance coupled with immunity, is unconstitutional and a disgrace.
Its just that simple folks, we have a new world order, they have hijacked our country, and our entire legal system stood by and not only watched , they participate by remaining silent. Strange , what did they have to gain by loosing the power of the law in defending or protecting Americans and forcing law enforcement to be accountable for constitutional protections.
And supreme court did the same, they are no longer the checks and balances for the American people to stop government take over and strip us of constitutional protection.
Our country is a stasi police state, and our lawyers and judges county by county allowed law enforcement fusion center community watch vigilante groups to form and grow.
Shame on all of as, for we have all failed to protect the constitution , and instead have become cowards and live in fear of the next terrorist attack, as if creating a nation wide network of stasi spys is going to protect us.
Who are kidding, are legal system have sold out to a bunch of power hungry control torture freaks who promise us they will protect while they spy and take away our freedoms.
SHAME ON ALL OF US!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
BUT I AM JUST A SIMPLE AMERICAN MAN, WHAT DO I KNOW, CERTAINLY I HAVE NO KNOWLEDGE OF THE GREATER GOOD , WE SIMPLE AMERICANS HAVE TO SUFFER SO THE RICH ELITE WHO KNOW THE BIGGER PICTURE CAN RULE THE PLANET.
THE STASI ARE HERE, AND THEY ARE 1 IN 1000, AND THERE NUMBERS ARE GROWING.
YOU ARE EITHER WITH THEM OR AGAINST THEM, I HAVE CHOSEN THE CONSTITUTION OVER THE STASI, I VOW TO NEVER JOIN A STASI ORGANIZATION TO STALK , FOLLOW AND HARASS MY FELLOW AMERICAN CITIZENS, FOR THAT, I AM PAYING A HIGH PRICE, FOR I AM A VICTIM OF 24/7 WARRANT LESS SURVEILLANCE COINTEL PRO GANG STALKING IN TAMPA FLORIDA, COMMAND AND CONTROL FOR OUR WARS , AND THE MAC DADDY OF FUSION CENTERS.
THEY DONT LIKE ME, CAUSE I WONT ROLL OVER AND DIE, OR JOIN THEM, HELL NO!!!
None of us can afford to roll over. So far no gang calling itself 'concerned citizens' or something has tried to bully the neighborhood. I hope they don't. I don't know what I would do exactly, but, like you I'm not the kind to roll over.
I'm almost seventy years old. My joints hurt. A bunch of phoney patriots could get a lot of bad press for beating or killing an old man. I would try to have witnesses around.
Take courage. If you are like everybody else your life has never been easy. If this article is any indication it is not likely to improve, but there is no fate that cannot be overcome by scorn.
Nietzsche....I think you need a hug!
rita
Heh.
Not only is the US dealing with the Gulf disaster, now there is this, as of 4/6/10: http://www.zerohedge.com/article/first-gulf-now-marcellus-shale-gas-well-rupture-forces-mile-wide-evacuation-pa
A shale oil operation has had an explosion that has forced a major evacuation. In Pennsylvania.
The preppers, the doomers and Mike Ruppert's 'Lifeboat Movement' are heading out the door laughing their asses off, saying 'I told you so...'
Peak Oil (and Peak Everything) is going to start biting harder and more often.
"Peak Oil (and Peak Everything) is going to start biting harder and more often."
Isnt it the truth.
Galenwainwright,
your link didn't work for me. It's cut off. Could you repost it and put a Carraige Return (enter or return) in the middle of it somewhere?
We will know what to do.
Long links often suffer the ellipse fate (...) by this lousy wordpress arrangement CD uses.
Thanks,
TJ
The link is on Zero Hedge... somewhere. But I caught a report on CNN (Yeah, I know it's biased) about the same thing.
Add to it a shutdown that has been ordered on ALL gas well in PA, and another gas field explosion in Texas.
Seems to me that a whole bunch of oil and gas problems are cropping up at the same time.
Here's another shale gas blowout from *04/07/2010*, this time in West Virginia:
http://kdka.com/local/gas.well.explosion.2.1737072.html
I did a quick Yahoo search using 'shale gas explosion' and got result and video going back to 1994.
It seems shale gas and oil production has a long and dangerous history of explosions and blowouts.
So our $upreme Court says that corporations have the rights of individuals. BP has more money than any person or class-action group of people have. Some of us know how to spell J-U-$-T-I-C-E. Some of us know who will pay in the long run.
An example from years ago: John Hinckley was videotaped shooting the President of the United States. He was a rich, white kid. He was never convicted of a crime.
Bummer Obomber works for BP.
Attorney General Holder works for Obomber.
Holder's so-called criminal and civil investigations will be designed to appear to be doing something while doing as little as possible thus limiting BP's penalties and liabilities.
But since Obama allowed BP to drill without responsible safeguards, who will prosecute Barack ?
By any means necessary we must take our country back from the corporate fascists.
“Fascism should more appropriately be called Corporatism because it is a merger of state and corporate power”
Benito Mussolini quotes (Italian dictator, 1883-1945)
Yes. We are currently a fascist/corporate state, and only the people have the power to take it back. But the people haven't realized their power yet.
This is a good reason for the lawsuits to be moved to another court.
All rich American dudes are connected to the other rich American dudes.
None of our elite is in any way connected to "the common good" anymore. Just to back-scratching and self-interest.
Oh well. There's always the next civilization.