A Deadly Coast, Coastal Erosion Lawsuit, Coastal Restoration

Louisiana Levee Board Coastal Erosion Law Suit

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The legal documents

The Original State Court Petition

Law Professor’s Brief on Louisiana Public Trust Doctrine

Notice of Removal

Motion to Remand

Plaintiff’s Memorandum in Support of Motion to Remand

Order blocking removal from federal court back to state court.

Plaintiffs’ Motion For Partial Summary Judgment Regarding Louisiana Act 544

Request for partial summary judgment on whether Act 544 precludes plaintiff’s claims

Memorandum In Support Of Plaintiffs’ Motion For Partial Summary Judgment Regarding Louisiana Act 544

Statement Of Material Facts In Support Of Plaintiffs’ Motion For Partial Summary Judgment Regarding Louisiana Act 544

Document 389-2 – Exhibits

 Defendants Petition For Declaratory Judgment And Injunctive Relief

The answer to Plaintiff’s request for partial summary judgment

Order granting Defendant’s request for summary judgment on all issues:

Bd. of Comm’rs of the Se. Louisiana Flood Prot. Auth.-E. v. Tennessee Gas Pipeline Co., LLC, No. CIV.A. 13-5410, 2015 WL xxx (E.D. La. February 13, 2015)

Interestingly, there was no discussion of the state law removing the Levee Board’s right to sue.

Related legal documents

The story:

East Bank levee authority to file lawsuit Wednesday aimed at getting oil, gas, pipeline firms to restore wetlands and ridges

The regional levee authority overseeing East Bank flood protection will file a lawsuit Wednesday against dozens of oil, gas and pipeline companies aimed at forcing them to repair damage to a buffer zone of wetlands and ridges “that helps protect the greater New Orleans region from catastrophic flooding,” according to a press release from the agency…

East Bank levee authority to file lawsuit Wednesday aimed at getting oil, gas, pipeline firms to restore wetlands and ridges

Swamp Thing: Lawsuit Blaming Oil Companies For Wetland Loss Might As Well Blame The Plaintiffs

Barasich v. Columbia Gulf Transmission Co. 467 F. Supp. 2d 676 (E.D. La. 2006) – This case found that LA does not allow market share liability cases.

Plaintiffs Presentation to CPRA about Southeast Louisiana Flood Protection Authority East lawsuit against oil and gas companies

Pretty much the usual stuff, but well presented. Most of the studies cited were done well before we had good elevation data that showed the rate of subsidence. The folks claiming that wetlands protect against surge, separate from elevation that has been lost, are not experts in weather or storm modeling.

To the extent that there are claims that permits were violated and land was not restored per contractual terms, they are likely valid. As I understand it, however, the levee district cannot make any of those claims because they are not land owners. The parishes might be able to.

To the extent that the lawsuit depends on showing that the damages to the wetlands are a cause of a major risk of flooding, I do not think the science is there. This lawsuit deals with changes over the past 60 or so years, long after the cypress was gone, and well into wetland loss from many other causes. Just looking at the land loss  between the current St. Bernard lobe and the Chandeleur Islands is a pretty strong refutation of the claim that most wetlands loss is due to canals. But more importantly, there is not significant evidence that the loss of wetlands does much to affect surge. Under LA law, you have to sort out causation, and this is just a small part, if that, of an increased risk of flooding. The major risk is the simple increase in relative sea level due to subsidence and sea level rise. That is also the major cause of land loss – the land is still there, it is just underwater. Otherwise all those trees out in the water would fall over.

Coastal Erosion Lawsuit, History

History of the Offshore Oil and Gas Industry in Southern Louisiana

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Austin, D. E., T. Priest, L. Penney, J. Pratt, A. G. Pulsipher, J. Abel and J. Taylor. 2008. History of the offshore oil and gas industry in southern Louisiana. Volume I: Papers on the evolving offshore industry. U.S. Dept. of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study MMS 2008-042. 264 pp

McGuire, T. 2004. History of the offshore oil and gas industry in southern Louisiana: Interim report; Volume II: Bayou Lafourche – An oral history of the development of the oil and gas industry. U.S. Dept. of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study MMS 2004-050. 148 pp.

Austin, D. E. 2008. History of the offshore oil and gas industry in southern Louisiana. Volume III: Morgan City’s history in the era of oil and gas – perspectives of those who were there. U.S. Dept. of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study MMS 2008-044. 238 pp.

Sell, J.L., and T. McGuire. 2008. History of the offshore oil and gas industry in southern Louisiana. Volume IV: Terrebonne Parish. U.S. Dept. of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study MMS 2008-045. 90 pp.

Austin, D. E., ed. 2008. History of the offshore oil and gas industry in southern Louisiana. Volume V: Guide to the Interviews. U.S. Dept. of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study MMS 2008-046. 1259 pp.

Austin, D. E. and J. Gaines. 2008. History of the offshore oil and gas industry in southern Louisiana. Volume VI: A collection of photographs. U.S. Dept. of the Interior, Minerals Management Service, Gulf of Mexico OCS Region, New Orleans, LA. OCS Study MMS 2008-047. 165 pp.

Davis, Donald W., and John L. Place. The oil and gas industry of coastal Louisiana and its effects on land use and other socioeconomic patterns. No. 83-118. Geological Survey (US), 1983.

Climate Change, Deforestation

The Little REDD Book

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The Little REDD Book

Launched at the UNFCCC climate summit in December 2008 The Little REDD Book is a guide to the UN negotiations on Reducing Emissions from Deforestation and Degradation (REDD). REDD aims to help halt deforestation, which causes around 20% of the world’s carbon emissions – more than the entire global transport sector. In addition, the mechanism could help fight poverty while conserving biodiversity and sustaining vital ecosystem services.

REDD has evolved rapidly since it was introduced to the United Nations Framework Convention on Climate Change (UNFCCC) in 2005. With just days to go until the agreement must be reached, over 30 governmental and non-governmental proposals are on the table. The Little REDD Book aims to bring clarity to this complex and rapidly-evolving area by providing insights and information on the process in non-technical language.

The Little REDD Book has recently been updated to reflect the latest research and submissions on REDD and includes a new analytical framework.

Original Source

Climate Change, Energy Industry, Global Warming, Tar Sands

Environmental And Health Impacts Of Canada’S Oil Sands Industry

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The Royal Society Of Canada Expert Panel, Executive Summary: Environmental And Health Impacts Of Canada’S Oil Sands Industry

Development of the oil sands in northern Alberta has become an issue of growing public interest in recent year, with highly polarized views being presented by different stakeholders, including First Nations, environmentalists, industries and governments, about the merits of oils sands development in relation to its environmental and health impacts. Regardless of what any individual chooses to believe about these divergent views, the scale of investment and development in the oil sands is a major factor in Canada’s economy, making the issues involved of vital importance to Canadians. On October 5, 2009, the Royal Society of Canada announced the commissioning of an Expert Panel, consisting of eminent Canadian scientists and chaired by Dr. Steve E. Hrudey, FRSC, Professor Emeritus, Analytical and Environmental Toxicology, University of Alberta. The Expert Panel was given a mandate to review and assess available evidence bearing on these issues and identify knowledge gaps to provide Canadians with a scientific perspective in a summary report.

BP Spill 2010, CRS

The 2010 Deepwater Horizon Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act

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The 2010 Deepwater Horizon Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act

The 2010 Deepwater Horizon oil spill leaked an estimated 4.1 million barrels of oil into the Gulf
of Mexico, damaging the waters, shores, and marshes, and the fish and wildlife that live there.
The Oil Pollution Act (OPA) allows state, federal, tribal, and federal governments to recover
damages to natural resources in the public trust from the parties responsible for the oil spill.
Under the public trust doctrine, natural resources are managed by the states for the benefit of all
citizens, except where a statute vests such management in the federal government.
In particular, OPA authorizes Trustees (representatives of federal, state, and local government
entities with jurisdiction over the natural resources in question) to assess the damages to natural
resources resulting from a spill, and to develop a plan for the restoration, rehabilitation,
replacement or acquisition of the equivalent, of the natural resources. The types of damages that
are recoverable include the cost of replacing or restoring the lost resource, the lost value of those
resources if or until they are recovered, and any costs incurred in assessing the harm. OPA caps
liability for offshore drilling units at $75 million for economic damages, but does not limit
liability for the costs of containing and removing the oil.

The process established by OPA for assessing the damages to natural resources is known as
Natural Resources Damage Assessment (NRDA). In the three steps of the NRDA process, the
Trustees are required to solicit the participation of the responsible parties and design a restoration
plan. This plan is then paid for or implemented by the responsible parties. If the responsible
parties refuse to pay or reach an agreement with the Trustees, the Trustees can sue the responsible
party for those damages under OPA. In the alternative, the Trustees may seek compensation from
the Oil Spill Liability Trust Fund, but there is a cap of $500 million from the Fund for natural
resources damages. The federal government may then seek restitution from the responsible
parties for the sums taken from that Fund.

The Trustees are not required to adhere to the NRDA process set forth in the OPA regulations.
However, they are accorded a rebuttable presumption in court for any determination or
assessment of damages conducted pursuant to the regulations. Of course, the Trustees and the
responsible parties are permitted to enter into settlement agreements at any point throughout the
NRDA process.

The NRDA process in the Gulf is in the Restoration Planning Phase. The caps on the Oil Spill
Liability Trust Fund and on OPA liability have captured Congress’s attention, as has Gulf
restoration. In 2012, President Obama signed the RESTORE Act, which establishes from Clean
Water Act penalties the Gulf Coast Restoration Trust Fund, which is available for restoration
activities in the Gulf Coast region.

Climate Change, National Security

Global climate change: National security implications – 2008

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Global climate change: National security implications – 2008

On March 30-31, 2007, the Strategic Studies Institute (SSI) and the Triangle Institute for Security Studies (TISS) held a colloquium on “Global Climate Change: National Security Implications.” The 2-day event took place in Chapel Hill, North Carolina, and was well- attended by both academics and members of the U.S. Government and the Armed Forces.   This edited volume is based on this event. It reflects, as closely as possible, the form and content of the conference. Each chapter is based on a conference panel. The final chapter contains a keynote talk by General Paul Kern (USA-Ret.) and concluding remarks by Dr. Richard Weitz. The first seven chapters each contain three essays, a comment, and a discussion. The essays are not exact reproductions of the talks given at the conference. They remain true in spirit and length to the originals but have been adapted to be read. The question and answer sessions have been abbreviated in the interests of space. The reader who would like to hear exactly what was said at the conference is invited to turn to the video-taped proceedings which are posted on the TISS web site at www.tiss-nc.org.

 

Climate Change, Global Warming, U.S. Global Change Research Program

Global Climate Change Impacts in the United States – 2009

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Global Climate Change Impacts in the United States – 2009

What is this report?

This report summarizes the science of climate change and the impacts of climate change on the United States, now and in the future. It is largely based on results of the U.S. Global Change Research Program (USGCRP),a and integrates those results with related research from around the world. This report discusses climate-related impacts for various societal and environmental sectors and regions across the nation. It is an authoritative scientific report written in plain language, with the goal of better informing public and private decision making at all levels.

Who called for it, who wrote it, and who approved it?

The USGCRP called for this report. An expert team of scientists operating under the authority of the Federal Advisory Committee Act, assisted by communication specialists, wrote the document. The report was extensively reviewed and revised based on comments from experts and the public. The report was approved by its lead USGCRP Agency, the National Oceanic and Atmospheric Administration, the other USGCRP agencies, and the Committee on the Environment and Natural Resources on behalf of the National Science and Technology Council. This report meets all Federal requirements associated with the Information Quality Act, including those pertaining to public comment and transparency.

Climate Change, Extreme Weather, Global Warming, NRC

The National Global Change Research Plan 2012-2021

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The National Global Change Research Plan 2012-2021, NRC 2012

From the transmittal letter:

I am pleased to transmit a copy of The National Global Change Research Plan 2012-
2021: A Strategic Plan for the U. S. Global Change Research Program (USGCRP). The
USGCRP coordinates and integrates scientific research across thirteen agencies of the United
States Government whose missions focus, to some degree, on changes in the global environment
and their implications for society.
This plan was mandated by the Global Change Research Act of 1990 (GCRA, P.L. 101-
606) and will serve as the guiding document for USGCRP for the next decade. It is built around
four strategic goals: advance science, inform decisions, conduct sustained assessments, and
communicate and educate.
In addition to these four goals, the Plan emphasizes the importance of national and
international partnerships that leverage Federal investments and provide for the widest use of
Program results. This Plan builds on the Program’s strengths in integrated observations,
modeling, and information services for science that serves societal needs and fully addresses the
GCRA’s mandate to “understand, assess, predict and respond to human-induced and natural
causes of global change.”
In accordance with the GCRA, the Plan was developed by a team of over 100 Federal
scientists in collaboration with the USGCRP leadership. The team drew on the advice of the
National Academies and feedback from public sessions with stakeholder groups.
The USGCRP is committed to building a knowledge base that informs human response to
global change through coordinated and integrated Federal programs of research, education,
communication and decision support. I look forward to working with the Congress in the
continued development and implementation of this essential National program.

Climate Change, Energy Department

U.S. Energy Sector Vulnerabilities to Climate Change and Extreme Weather

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This report—part of the Administration’s efforts to support national climate change adaptation planning through the Interagency Climate Change Adaptation Task Force and Strategic Sustainability Planning process established under Executive Order 13514 and to advance the U.S. Department of Energy’s goal of promoting energy security—examines current and potential future impacts of these climate trends on the U.S. energy sector. 

U.S. Energy Sector Vulnerabilities to Climate Change and Extreme Weather