May, 26 2010, 07:30pm EDT
For Immediate Release
Contact:
David Guest, Earthjustice, (850) 681-0031, ext 103
Robert Wiygul, Waltzer& Wiygul, (228) 990-1228
Joel Waltzer, Waltzer & Wiygul, (504) 430-0844
Cynthia Sarthou, Gulf Restoration Network, (504) 525-1528 ext. 202
Kristina Johnson, Sierra Club, (415) 977-5619
Groups Sue Government to Block Illegal Oil Exploration Plans
Plans lack blowout scenario or oil spill response considerations
NEW ORLEANS, La.
he Gulf Restoration Network and Sierra Club filed a lawsuit today against the U.S. Minerals Management Service (MMS) in an effort to force a review of the approval of five different deepwater Gulf of Mexico exploratory drilling plans. The plans, approved in the last two months, all lack key information including disclosures of blowout and worst case oil spill scenarios because MMS exempted applicants for exploratory drilling permits off of Louisiana, Mississippi and Alabama from including such provisions, in contradiction to laws found in the Code of Federal Regulations.
Federal rules state that applicants for a drilling permit must include in their exploration plan:
"[a] scenario for the potential blowout of the proposed well in your [exploration plan] that you expect will have the highest volume of liquid hydrocarbons, include the estimated flow rate, the total volume, and maximum duration of the potential blowout. Also, discuss the potential for the well to bridge over, the likelihood for surface intervention to stop the blowout, the availability of a rig to drill a relief well, and rig package constraints. Estimate the time it would take to drill a relief well."
In April 2008, MMS issued a waiver notice to drilling applicants effectively exempting them from meeting these requirements.
A similar lawsuit was filed last week by the same groups, which challenged the exemption itself. The aim of that suit is to stop the Minerals Management Service from continuing to exempt well drillers from meeting the statutory disclosure requirements as soon as possible. The groups are represented by Earthjustice, an environmental law firm, and the New Orleans law firm of Waltzer & Wiygul.
"We've got five faulty deepwater exploration drilling plans approved and ready to go that all pose significant threats to the Gulf," said Earthjustice attorney David Guest. "The age of skating around the law needs to come to an end."
"This blind approval of new drilling has got to stop. How much worse does the oil industry have to behave before they get sent to the corner for a timeout?" said Michael Brune, Executive Director of Sierra Club. "Despite the horror we've watched unfolding in the Gulf over the past month, the MMS is moving forward with new drilling plans that will result in more disasters. It's time for the federal government to stand up to the oil industry. We need assurance that this won't happen again."
Today's legal challenge was filed in the Fifth Circuit Court of Appeals in New Orleans.
The Minerals Management Service also violated the National Environment Policy Act by not preparing an environmental impact statement or assessment on either the April 2008 Notice to Lessees or the subsequently approved exploration plans.
LATEST NEWS
Warren Bill Would Stop Companies From Placing Shareholder Paydays Over Worker Rights
"Following the most lucrative election in history for special interests," said the senator, "my bill will empower workers to hold corporations to responsible decisions that benefit more than just shareholders."
Dec 11, 2024
Aiming to confront "a root cause of many of America's fundamental economic problems," U.S. Sen. Elizabeth Warren on Wednesday unveiled a bill to require corporations to balance growth with fair treatment of their employees and consumers.
The Massachusetts Democrat introduced the Accountable Capitalism Act, explaining that for much of U.S. history, corporations reinvested more than half of their profits back into their companies, working in the interest of employees, customers, business partners, and shareholders.
In the 1980s, said Warren corporations began placing the latter group above all, adopting "the belief that their only legitimate and legal purpose was 'maximizing shareholder value.'"
That view was further cemented in 1997 when the Business Roundtable, a lobbying group that represents chief executives across the country, declared that the "principal objective of a business enterprise is to generate economic returns to its owners."
Now, Warren said in a policy document, "around 93% of American-held corporate shares are owned by just 10% of our nation's richest households, while more than 40% of American households hold no shares at all."
"This means that corporate America's commitment to 'maximizing shareholder return' is a commitment to making the rich even richer, while leaving workers and families behind," said Warren in a statement.
The Accountable Capitalism Act would require:
- Corporations with more than $1 billion in annual revenue to obtain a federal charter as a "United States corporation," obligating executives to consider the interests of all stakeholders, not just investors;
- Corporate political spending to be approved by at least 75% of a company's shareholders and 75% of its board of directors; and
- At least 40% of a company's board of directors to be selected by employees.
The bill would also prohibit directors of U.S. corporations from selling company shares within five years of receiving them or within three years of a company stock buyback.
Warren noted that as companies have increasingly poured their profits into stock buybacks to benefit shareholders, worker productivity has steadily increased while real wages have gone up only slightly. The share of national income that goes to workers has also significantly dropped.
"Workers are a major reason corporate profits are surging, but their salaries have barely moved while corporations' shareholders make out like bandits," said Warren told The Guardian. "We need to stand up for working people and hold giant companies responsible for decisions that hurt workers and consumers while lining shareholders' pockets."
The senator highlighted that big business interests invested heavily in November's U.S. presidential election.
"Following the most lucrative election in history for special interests," she said, "my bill will empower workers to hold corporations to responsible decisions that benefit more than just shareholders."
Keep ReadingShow Less
'Crushing Blow to the Labor Agenda' as Manchin, Sinema Block Biden NLRB Nominee
"These two senators effectively handed Trump control of the board when his term begins," noted one observer.
Dec 11, 2024
In a move likely fraught with major implications for worker rights during the impending second administration of Republican President-elect Donald Trump, Democratic-turned-Independent U.S. Sens. Joe Manchin and Kyrsten Sinema on Wednesday blocked Democrat Lauren McFerran's bid for a second term on the National Labor Relations Board.
With every Republican senator except Sen. Roger Marshall of Kansas voting against President Joe Biden's nomination of McFerran for a new five-year term, the fate of the woman who has led the agency since 2021 was up to Manchin and Sinema—who, as More Perfect Union founder and executive director Faiz Shakir put it on social media, "consistently spoiled the story of 'what could have been'" by years of fighting to thwart their own former party's agenda.
Sinema struck first, her "no" vote on McFerran grinding the confirmation tally to a 49-49 tie. Manchin, who showed up later, cast the decisive vote, negating speculation that Vice President Kamala Harris, the Senate president who lost the presidential contest to Trump last month, would break the stalemate.
"It is deeply disappointing, a direct attack on working people, and incredibly troubling that this highly qualified nominee—with a proven track record of protecting worker rights—did not have the votes," lamented Senate Majority Leader Chuck Schumer (D-N.Y.).
Chris Jackson, a former Democratic Lawrence County, Tennessee commissioner and longtime labor advocate, called Manchin and Sinema's votes "a crushing blow to the labor agenda."
"By casting decisive NO votes against President Biden's NLRB nominee, they've guaranteed Democrats will lose control of the national labor board until at least 2026," Jackson said. "Their votes effectively hand Donald Trump the keys to the board the moment he takes office again. This is a betrayal of working families—and a gift to corporate interests, which is par for the course for these two."
Trump's first term saw relentless attacks on workers' rights. Critics fear a second Trump administration—whose officials and agenda are steeped in the anti-worker Project 2025—will roll back gains achieved under Biden and work to weaken the right to organize, water down workplace health and safety rules, and strip overtime pay, to name but a handful of GOP wish-list items.
The latest votes by Manchin and Sinema—who are both leaving Congress after this term—sparked widespread outrage among workers' rights defenders on social media, with one account on X, formerly known as Twitter, posting: "Manchin is geriatric and Sinema has a long fruitful career ahead of her in a consulting firm that advocates child slave labor, but at least they kicked the working class in the teeth one last time. Nothing to do now but hope there's a hell."
Keep ReadingShow Less
With Defeat of Megamerger, Sanders Thanks Khan for Taking On 'Corporate Greed'
"The proposed Kroger-Albertsons merger would have led to higher prices at the grocery store and harmed workers," said the Vermont senator.
Dec 11, 2024
Praise for Federal Trade Commission Chair Lina Khan continued to pour in on Wednesday after a pair of judges blocked the merger of grocery chains Kroger and Albertsons following challenges by the FTC and state attorneys general.
"The proposed Kroger-Albertsons merger would have led to higher prices at the grocery store and harmed workers," said U.S. Sen. Bernie Sanders. "Let me thank FTC Chair Lina Khan for successfully fighting this merger and standing up to corporate greed."
Congressman Mark Pocan (D-Wis.) also welcomed the rulings and sent "a big thank you to Lina Khan and her team at the FTC."
Their comments on Wednesday followed similar applause from Sen. Elizabeth Warren (D-Mass.) and Rep. Pramila Jayapal as well as groups including the American Economic Liberties Project (AELP) and Groundwork Collaborative.
Khan addressed the win during a Tuesday stream with political commentator Hasan Piker, noting that "this is the first time that the FTC has ever sought to block a merger not just because it's gonna be bad for consumers, but also because it's gonna be bad for workers."
Khan, an appointee of outgoing Democratic President Joe Biden, has won praise from progressives for taking on not only grocery giants and other companies trying to build monopolies but also Big Pharma and Big Tech.
Sanders recently called her "the best FTC chair in modern history" and AELP earlier this year published a document detailing how, under Khan's leadership, the agency "has entered a new era of more effective, modern, and democratic enforcement to better protect consumers, workers, and independent businesses."
Examples included in the AELP roundup include Khan's "crackdown on deceptive 'junk fees,'" a ban on noncompete clauses that's being challenged in court, a historic lawsuit against Amazon.com, and a "click-to-cancel" rule that requires sellers to "make it as easy for consumers to cancel their enrollment as it was to sign up."
However, the new era of the FTC is set to soon come to an end. Since President-elect Donald Trump's victory last month, speculation has been building that he would replace Khan with someone who would do the bidding of big business. Amid celebrations of the rulings against the Kroger-Albertsons merger on Tuesday, the Republican announced Andrew Ferguson as his pick for chair.
As Common Dreamsreported earlier Wednesday, Basel Musharbash, principal attorney at Antimonopoly Counsel, said that elevating Ferguson, who already sits on the FTC, to chair, "is an affront to the antitrust laws and a gift to the oligarchs and monopolies bleeding this country dry."
Although the agency is expected to be friendlier to mergers under the next Trump administration, Albertsons responded to the Tuesday rulings by bailing on the $24.6 billion deal and suing Kroger for billions of dollars on Wednesday, rather than appealing or moving to in-house FTC hearings.
That move could reflect industry fears of U.S. courts that are willing to block major mergers, as The American Prospect executive editor David Dayen pointed out after the federal court decision on Tuesday.
"The important thing here is not that Biden's enforcers blocked a merger... it's that courts are increasingly comfortable with merger enforcement," he said. "States can sue under the Sherman Act, and they will. The real change to track is in the judiciary. Wall Street, take note."
Keep ReadingShow Less
Most Popular