BP Settlement Sells Out Victims—Deal Buries Evidence of Oil Company Willful Negligence
Following the Deepwater Horizon explosion, Greg Palast led a four-continent investigation of BP PLC for Britain's television series Dispatches. From 1989-91, Palast directed the investigation of fraud charges in the Exxon Valdez grounding for Alaska Native villages.
Some deal. BP gets the gold mine and the public gets the shaft.
On Friday night, the lawyers for 120,000 victims of the Deepwater Horizon blow-out cut a deal with oil company BP PLC which will save the oil giant billions of dollars. It will also save the company the threat of a trial that could expose the true and very ugly story of the Gulf of Mexico oil platform blow-out.
I have been to the Gulf and seen the damage—and the oil that BP says is gone. Miles of it. As an economist who calculated damages for plaintiffs in the Exxon Valdez oil spill case, I can tell you right now that there is no way, no how, that the $7.8 billion BP says it will spend on this settlement will cover that damage, the lost incomes, homes, businesses and boats, let alone the lost lives—from cancers, fetal deformities, miscarriages, and lung and skin diseases.
Two years ago, President Barack Obama forced BP to set aside at least $20 billion for the oil spill's victims. This week's settlement will add exactly ZERO to that fund. Indeed, BP is crowing that, adding in the sums already paid out, the company will still have spent less than the amount committed to the Obama fund.
There's so much corrosion, mendacity and evil covered up by this settlement deal that I hardly know where to begin.
So, let's start with punitive damages.
I was stunned that there is no provision, as was expected, for a punishment fee to by paid by BP for it's willful negligence. In the Exxon Valdez trial, a jury awarded us $5 billion in punitives—and BP's action, and the damage caused in the Gulf, is far, far worse.
BP now has to pay no more than proven damages. It's like telling a bank robber, "Hey, just put back the money in the vault and all's forgiven."
This case screamed for punitive damages. Here's just a couple of facts that should have been presented to a jury:
For example, the only reason six hundred miles of Gulf coastline has been slimed by oil was that BP failed to have emergency oil spill containment equipment ready to roll when the Deepwater Horizon blew out. BP had promised the equipment's readiness in writing and under oath.
And here's the sick, sick part. This is exactly the same thing BP did in the Exxon Valdez case. It was BP, not Exxon, that was responsible for stopping the spread of oil in Alaska in 1989. In Alaska, decades ago, BP told federal regulators it would have oil spill "boom" (the rubber that corrals the spreading stuff) ready to roll out if a tanker hit. When the Exxon Valdez struck Bligh Reef, BP's promised equipment wasn't there: BP had lied.
And in 2010, BP did it again. Instead of getting the oil contained in five hours as promised as a condition of drilling, it took five days to get the equipment in place (and that was done by the US Navy on orders of the President).
This was more than negligence: it was fraud, and by a repeat offender. Now BP is laughing all the way to the bank.
And there's more. BP mixed nitrogen into the cement which capped the well-head below the Deepwater Horizon. BP claimed to be shocked and horrified when the cement failed, releasing methane gas that blew apart the rig. BP accused the cement's seller, Halliburton, of hiding the fact that this "quick-set" cement can blow out in deep water.
But, in an investigation that took me to Central Asia, I discovered that BP knew the quick-set cement could fail - because it had failed already in an earlier blow-out which BP covered up with the help of an Asian dictatorship.
The lack of promised equipment, the prior blow-out—it all could have, should have, come out in trial.
Think about it: BP knew the cement could fail but continued to use it to save money. Over time, the savings to BP of its life-threatening methods added up to billions of dollars worldwide. BP will get to keep that savings bought at the cost of eleven men's lives.
Other investigators have uncovered more penny-pinching, life-threatening failures by BP and its drilling buck-buddies, Halliburton and TransOcean. These include bogus "blow-out preventers" and a managerial system that could be called, "We-Don't-Care Chaos."
BP partners and contractors will have to pay $5.4 billion as part of the deal—and BP, not the victims, will keep the entire $5.4 billion. If TransOcean and Halliburton follow suit, BP could walk without paying another dime to victims.
BP had no choice but to pay proven damages and conceded as much. I have learned from inside the plaintiffs' legal team that this judge was just not going to allow punitive damages; and the Bush-burdened US Supreme Court is just as hostile. (The Supremes cut the Exxon Valdez punitive award by 90 percent.)
So BP walks without the civil punishment that tort law should provide and justice demands, grinning and ready to do it again: drill on the cheap with the price paid by its workers and the public.
But stopping a trial denies the public more than the full payment due: it denies us the truth, the whole truth and nothing but the truth. There are 72 million pages of evidence from inside BP and industry files obtained by legal discovery in the case which are now likely to follow the rig to the bottom of the sea.
That's not good. We need the real story.
The lawyers for plaintiffs got all they could get for their clients given the rightward march of the law. Also, there is no doubt that the control of the “$20-billion” spill fund by Kenneth Feinberg, known here in New York as “The Reptile,” the back room choice of Obama and BP, shafted victims by the thousands. Getting the Fund out of his saurian hands is probably the best part of the settlement deal.
But we need to widen the idea of “victim” to beyond those measurably harmed individuals. We are all BP’s victims: because of BP’s and the industry’s addiction to safety fakery from Alaska to the Caspian.
The President has just opened up the arctic waters of Alaska for drilling, has reopened the Gulf to deepwater platforms, and is fiddling with the idea of allowing the XL Pipeline to slice America in half.
So we need to know: Can we trust this industry?
The states of Louisiana and Mississippi could still haul BP into court. Fageddaboudit: neither Louisiana's Governor Bobby Jindal nor Mississippi's Phil Bryant, both of the Grand Oil Party, will expose BP. The Obama Administration must be pushed to bring the case to trail in the public interest. Though the history of federal complicity and Obama's fear of looking like a whale-hugging drill buster suggests a sell-out is in the offing.
Without a trial in the Deepwater Horizon case, we may never get the answer, never get the full story of the prior blow-outs, the fakery in the spill response system, and other profits-first kill-later trickery that bloats the bottom line of BP and the entire drill-baby-drill industry.
For more on Palast's worldwide investigation of BP and the industry in Central Asia, the Gulf, Alaska and the Amazon, read Palast's new book, Vultures' Picnic: In Pursuit of Petroleum Pigs, Power Pirates and High-Finance Carnivores at www.VulturesPicnic.org.
You can read Vultures' Picnic, "Chapter 1: Goldfinger," or download it, at no charge: click here.
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By Gwen Ranniger
In the midst of a pandemic, sales of cleaning products have skyrocketed, and many feel a need to clean more often. Knowing what to look for when purchasing cleaning supplies can help prevent unwanted and dangerous toxics from entering your home.
1. Fragrance – Avoid It<p>One of the fastest ways to narrow down your product options is immediately eliminating any product that promotes a fragrance, or parfum. That scent of "fresh breeze" or lemon might initially smell good, but the fragrance does not last. What does last? The concoction of various undisclosed and unregulated chemicals that created that fragrance.</p><p>Many fragrances contain phthalates, which are linked to many health risks including reproductive problems and cancer.</p>
2. With Bleach? Do Without<p>Going scent-free should have narrowed down your options substantially – now, check the front of the remaining packaging. Any that include ammonia or chlorine bleach ought to go, as these substances are irritating and corrosive to your body. While bleach is commonly known as a powerful disinfectant, there are safer alternatives that you can use in your home, such as sodium borate or hydrogen peroxide.</p><p>While you're at it, check if there are any warnings on the label – "flammable," "use in ventilated area," etc. – if the product is hazardous, that's a red flag and should be avoided.</p>
3. Check the Back Label<p>Flip to the back of the remaining contenders and check out that ingredient list. Less is more, here. Opt for a shorter ingredient list with words you recognize and/or can pronounce.</p><p>You may notice many products do not have ingredient lists – while this doesn't necessarily mean they contain toxic ingredients, transparency is key. Feel free to look up a list online, or stick to products that are open about their ingredients.</p>
4. Ingredients to Avoid<p>We already mentioned that cleaners containing fragrance or parfum, and bleach or ammonia should be avoided, but there are other ingredients to look out for as well.</p><ul><li>Quaternary ammonium "quats" – lung irritants that contribute to asthma and other breathing problems. Also linger on surfaces long after they've been cleaned.</li><li>Parabens – Known hormone disruptor; can contribute to ailments such as cancer</li><li>Triclosan – triclosan and other antibacterial chemicals are registered with the EPA as pesticides. Triclosan is a known hormone disruptor and can also impact your immune system.</li><li>Formaldehyde – Causes irritation of eyes, nose, and throat; studies suggest formaldehyde exposure is linked with certain varieties of cancer. Can be found in products or become a byproduct of chemical reactions in the air.</li></ul>
Cleaning Products and Toxics: The Bottom Line<p>Do your research. There are many cleaning products available, but taking these steps will drastically reduce your options and help keep your home toxic-free. Protecting your home from bacteria and viruses is important, but make sure you do so in a way that doesn't introduce other health risks into the home.</p><p><em>Reposted with permission from </em><em><a href="https://www.ehn.org/how-to-shop-for-cleaning-products-while-avoiding-toxics-2648130273.html" target="_blank">Environmental Health News</a>. </em><a href="https://www.ecowatch.com/r/entryeditor/2649054624#/" target="_self"></a></p>
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Twenty-five years ago, a food called Tofurky made its debut on grocery store shelves. Since then, the tofu-based roast has become a beloved part of many vegetarians' holiday feasts.
By Jessica Corbett
A leading environmental advocacy group marked Native American Heritage Month on Wednesday by urging President-elect Joe Biden, Vice President-elect Kamala Kamala Harris, and the entire incoming administration "to honor Indigenous sovereignty and immediately halt the Keystone XL, Dakota Access, and Line 3 pipelines."
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Returning the ‘Three Sisters’ – Corn, Beans and Squash – to Native American Farms Nourishes People, Land and Cultures
By Christina Gish Hill
Historians know that turkey and corn were part of the first Thanksgiving, when Wampanoag peoples shared a harvest meal with the pilgrims of Plymouth plantation in Massachusetts. And traditional Native American farming practices tell us that squash and beans likely were part of that 1621 dinner too.
Abundant Harvests<p>Historically, Native people throughout the Americas bred indigenous plant varieties specific to the growing conditions of their homelands. They selected seeds for many different traits, such as <a href="https://emergencemagazine.org/story/corn-tastes-better/" target="_blank" rel="noopener noreferrer">flavor, texture and color</a>.</p><p>Native growers knew that planting corn, beans, squash and sunflowers together produced mutual benefits. Corn stalks created a trellis for beans to climb, and beans' twining vines secured the corn in high winds. They also certainly observed that corn and bean plants growing together tended to be healthier than when raised separately. Today we know the reason: Bacteria living on bean plant roots pull nitrogen – an essential plant nutrient – from the air and <a href="http://www.tilthalliance.org/learn/resources-1/almanac/october/octobermngg" target="_blank" rel="noopener noreferrer">convert it to a form that both beans and corn can use</a>.</p><p>Squash plants contributed by shading the ground with their broad leaves, preventing weeds from growing and retaining water in the soil. Heritage squash varieties also had spines that discouraged deer and raccoons from visiting the garden for a snack. And sunflowers planted around the edges of the garden created a natural fence, protecting other plants from wind and animals and attracting pollinators.</p><p>Interplanting these agricultural sisters produced bountiful harvests that sustained large Native communities and <a href="http://dx.doi.org/10.1353/eam.2015.0016" target="_blank">spurred fruitful trade economies</a>. The first Europeans who reached the Americas were shocked at the abundant food crops they found. My research is exploring how, 200 years ago, Native American agriculturalists around the Great Lakes and along the Missouri and Red rivers fed fur traders with their diverse vegetable products.</p>
Displaced From the Land<p>As Euro-Americans settled permanently on the most fertile North American lands and acquired seeds that Native growers had carefully bred, they imposed policies that <a href="https://doi.org/10.1086/ahr/87.2.550" target="_blank">made Native farming practices impossible</a>. In 1830 President Andrew Jackson signed the <a href="https://guides.loc.gov/indian-removal-act" target="_blank">Indian Removal Act</a>, which made it official U.S. policy to force Native peoples from their home locations, pushing them onto subpar lands.</p><p>On reservations, U.S. government officials discouraged Native women from cultivating anything larger than small garden plots and pressured Native men to practice Euro-American style monoculture. Allotment policies assigned small plots to nuclear families, further limiting Native Americans' access to land and preventing them from using communal farming practices.</p><p>Native children were forced to attend boarding schools, where they had no opportunity to <a href="https://doi.org/10.5749/jamerindieduc.57.1.0145" target="_blank">learn Native agriculture techniques or preservation and preparation of Indigenous foods</a>. Instead they were forced to eat Western foods, turning their palates away from their traditional preferences. Taken together, these policies <a href="https://kansaspress.ku.edu/978-0-7006-0802-7.html" target="_blank" rel="noopener noreferrer">almost entirely eradicated three sisters agriculture</a> from Native communities in the Midwest by the 1930s.</p>
Reviving Native Agriculture<p>Today Native people all over the U.S. are working diligently to <a href="https://www.oupress.com/books/15107980/indigenous-food-sovereignty-in-the-united-sta" target="_blank" rel="noopener noreferrer">reclaim Indigenous varieties of corn, beans, squash, sunflowers and other crops</a>. This effort is important for many reasons.</p><p>Improving Native people's access to healthy, culturally appropriate foods will help lower rates of <a href="https://www.cdc.gov/vitalsigns/aian-diabetes/index.html" target="_blank">diabetes</a> and <a href="https://www.apa.org/pi/oema/resources/ethnicity-health/native-american/obesity" target="_blank">obesity</a>, which affect Native Americans at disproportionately high rates. Sharing traditional knowledge about agriculture is a way for elders to pass cultural information along to younger generations. Indigenous growing techniques also protect the lands that Native nations now inhabit, and can potentially benefit the wider ecosystems around them.</p>
By Jake Johnson
Amid reports that oil industry-friendly former Energy Secretary Ernest Moniz remains under consideration to return to his old post in the incoming Biden administration, a diverse coalition of environmental groups is mobilizing for an "all-out push" to keep Moniz away from the White House and demand a cabinet willing to boldly confront the corporations responsible for the climate emergency.