Wetlands Day at St. Elizabeth Ann Seton in Kenner celebrates Louisiana coast
By Rosalyn Eason, The Times-Picayune (New Orleans). May 22, 2013.
"Wetlands Day at St. Elizabeth Ann Seton School in Kenner was a celebration of Louisiana wetlands and coasts. The recent event marked the culmination of a yearlong unit of study by fourth-, fifth- and sixth-grade students focused on preserving Louisiana wetlands…" (Read more)

Vanishing Paradise's Ben Weber.

After years of habitat loss and abuse, the story of the Mississippi River Delta is starting to look a bit different. Following the 2010 Gulf oil spill, a monumental piece of legislation called the RESTORE Act is providing a rare opportunity to address decades of mismanagement and habitat degradation.

Among other things, the RESTORE Act created the Gulf Coast Ecosystem Restoration Council, which is a multi-state, multi-agency group that has been tasked with developing a comprehensive ecosystem restoration plan for the Gulf. The Council is currently developing the plan, with a draft due for public comment this spring.

The Vanishing Paradise team is working to make sure the Council remembers the national hunting and fishing community was at the forefront of the efforts to pass the RESTORE Act, and we intend to see this through.

Our message to the Council is simple. We believe habitat restoration can drive and support economic recovery. The people, businesses, communities and economy of this region are undeniably reliant upon a healthy and productive Gulf, and ecosystem restoration should be the top priority in drafting and finalizing the Council’s comprehensive restoration plan.

This message will be delivered to the Restoration Council in the form of a letter that carries the signatures of roughly 350 hunting and angling businesses and organizations that believe investments in long-term ecosystem restoration will drive economic prosperity in the Gulf Coast region.

As the Council considers how best to “restore and protect the natural resources, ecosystems, fisheries, marine and wildlife habitats, beaches and coastal wetlands of the Gulf Coast region,” we believe that they should engage the hunting and fishing community to ensure that their restoration plan reflects the interests and values of our country’s hunters and anglers.

Following up on this letter, we’ll be meeting with the Restoration Council early next month. We will deliver the message that sportsmen and women are paying attention, but more importantly we will also discuss a list of recommendations on restoration project selection, implementation and monitoring.

Louisiana’s coastal wetlands are some of the most important habitats American hunters and anglers will ever know. The sad truth is that this American treasure is disappearing before our eyes.

The future of the Mississippi River Delta has long been challenged by a severed connection between the river and its wetlands. Hurricanes that destroy our marshes made us famous. More recently the Gulf of Mexico was thrown another curveball, the 2010 oil spill.

The unprecedented release of 4.9 million barrels of oil into the Gulf has caused near-term impacts to the fishery, coastal habitat and thousands of people’s livelihoods. It may cause significant long-term damage to the Gulf, affecting sportsmen and women throughout the country that rely on a healthy Gulf coast that serves as wintering grounds for nearly 10 million waterfowl and  one of the absolute best fisheries in our country.

We all take something different from the field. Whether it’s an exciting adventure chasing the trophy of a lifetime, a quiet day at your favorite fishing hole or some good old-fashioned quality time with your grandkids.

Hunters and anglers rarely agree on everything, but there is a fundamental connection between people who hunt and fish. No matter what our goals or interests are, we all depend on quality habitat to enjoy our passion. It sounds simple, and it is. At the end of the day, despite all of our opinions, preferences and predispositions, the key to quality hunting and fishing opportunities all comes down to productive habitat.

That’s why sportsmen and women must be involved in the development of the Council’s restoration plan. Investments in projects that restore healthy and productive habitat mean a future full of quality hunting and angling opportunities. If the wild spaces of the Gulf region are protected and restored, sportsmen and women will have played an essential role in saving one of America’s last best places.

A legacy to be proud of indeed.

The National Wildlife Federation's David Muth speaks at a press event and rally for the 3-year memorial of the BP oil disaster.

Though Phase I of the BP trial may be complete, both parties have a mountain of follow-up work, analysis, and then preparation to do for Phase II, which starts in September.  Phase I of the trial covered the events leading up to the spill while Phase II will look at the explosion and response. When both phases are complete and after weighing all the evidence, Judge Carl Barbier will apportion liability between BP and its subcontractors, Halliburton and Transocean. Days after the conclusion of Phase I, Judge Barbier ordered the parties to submit post-trial briefs to help clarify some difficult questions in the case. The order, issued on April 24, asked the parties to address seven important questions before the court.

In this two-part blog, we will provide some commentary on those questions, which could have profound implications on BP’s liability. Of particular interest is whether the company will be found grossly negligent, which could quadruple the amount of Clean Water Act fines assessed in the case and substantially increase the amount of money subject to the RESTORE Act.

In this post, we will walk through the first three questions. Check back next week for our remaining commentary.

Question 1: What is the standard for finding “gross negligence” or “willful misconduct” under the Clean Water Act and Oil Pollution Act?

Our commentary: In tort law, degrees of negligence are associated with how careless a person or company was when it committed the wrongdoing. On one side of the spectrum, there is ordinary negligence. On the other side is gross negligence or willful misconduct. The more careless the mistake is, the higher the degree of negligence. In BP’s case, that could mean the difference between $4.5 and $17.6 billion.

Judge Barbier is interested in the standards of negligence under two important environmental laws, the Clean Water Act (CWA) and Oil Pollution Act (OPA). The laws have vastly different consequences depending on the degree of negligence (to the tune of tens of billions of dollars), hence Judge Barbier’s request for clarity. There is considerable room for debate, both in fact and in law on this issue, so each side will need to present crystal clear facts and apply helpful case law to persuade the court of their view.

Question 2: What is the standard for a finding of punitive damages under general maritime law? Is this a different standard than under the Clean Water Act or Oil Pollution Act, and if so, how?

Our commentary: There are two things to consider in this question: punitive damages and maritime law. Under the Clean Water Act, BP and other responsible parties will have to pay civil fines for breaking the law and polluting waters of the United States. The fines are based on the level of negligence and amount of oil spilled. Punitive damages are different in that they are imposed to deter conduct by others in similar situations and often give a jury or judge much more leeway in imposing.

In the 1989 Exxon Valdez spill, a jury imposed $5 billion in punitive damages against the company (this was on top of $7 billion in fines, penalties and settlements; $2.5 billion in cleanup costs; and $500 million in outstanding payments). The punitive damages were eventually reduced to $507.5 million after appealing the judgment all the way to the Supreme Court, but not without incurring significant legal costs and shaking up the company.  BP is understandably wondering, “Could the judge find both gross negligence and impose punitive damages?”

Also relevant to this question is the concept of “maritime law.” Maritime law governs legal disputes that occur offshore and varies, often significantly in substance and spirit, from common law actions on land. Early on in the BP case, Transocean attempted to limit their financial liability to $25 million under an 1851 maritime law.  That attempt was apparently unsuccessful considering the company agreed to a $1billion settlement with the US Department of Justice in January.

Question 3: In order to find that a party acted with gross negligence is it necessary to find that there be at least one single act or omission that equates to gross negligence, or can such a finding be based upon an accumulation or a series of negligence acts or omissions?

Our commentary: There’s a lot packed into this question, but the case law on factors that determine gross negligence is thin, prompting a difficult decision for the judge. It would seem that the clear-cut way for the government to prevail on this issue would be to find one, big mistake that amounts to gross negligence. However, reviewing briefs the government filed and looking back at how they presented their case at trial, it appears they are using the “bunch of mistakes add up to one huge grossly negligent mistake” approach.

Check back next week for our commentary on the remaining questions.

Oyster leaseholders lose suit blaming oil spill berms for damage
By Mark Schleifstein, The Times-Picayune (New Orleans). May 21, 2013.
"Oyster growers on both sides of the Mississippi River who sued the state, dredge operators and BP claiming damages to their oyster leases in 2010 during the construction of berms designed to capture oil during the BP Deepwater Horizon oil spill had their lawsuit thrown out in two different federal courts on Monday…" (Read more)

Wildlife & Fisheries lottery may make you a gator getter
By Tod Masson, The Times-Picayune. May 21, 2013.
"The hit television show Swamp People has made alligator hunting cooler than the other side of Stuart Scott's pillow, and now everybody wants to do it…" (Read more)

Louisiana wetlands experts search for answers in Vietnam's Mekong Delta
By Benjamin Alexander-Bloch, The Times-Picayune (New Orleans). May 20, 2013.
"The Louisiana-based America’s WETLAND Foundation and Vietnam National University are holding the Deltas 2013 Vietnam conference this week in Ho Chi Minh City, Vietnam. The conference, expected to host about 300 wetlands experts from around the world, will allow Louisiana and Vietnam representatives to share best practices and ideas to help save the Mississippi and Mekong deltas, two river systems that suffer from similar problems, including dramatic land loss…" (Read more)

Louisiana Wetlands Experts Exchanging Ideas At Vietnam Conference
By Eileen Fleming, WWNO (New Orleans). May 21, 2013.
"Members of the America’s Wetland Foundation are in Vietnam this week to collaborate on river management. Dutch experts are also participating…" (Read more)

Louisiana's Bayou Is Sinking: Can $50 Billion Save It?
By Tim Folger, National Geographic. May 17, 2013.
"When Terry Serigny was growing up in Leeville, Louisiana, in the 1950s, the Mississippi River Delta town was also known as Orange City for its many citrus groves. Today none of those groves remain. Leeville itself is vanishing, sinking into the Gulf of Mexico…" (Read more)

Coastal restoration is focus of 'Coastal Conversations' series in French Quarter
By Mark Schleifstein, The Times-Picayune (New Orleans). May 17, 2013.
"The Louisiana State Museum is hosting a panel discussion on coastal restoration efforts along the Gulf Coast and implementation of the Louisiana Coastal Master Plan on May 23 at 6 p.m…" (Read more)

LDWF seeks rare bird shooter; reward offered
May 17, 2013 — Louisiana Department of Wildlife and Fisheries Enforcement Division agents and U.S. Fish and Wildlife Service officials are looking for leads regarding a whooping crane that was found shot to death in Red River Parish…" (Read more)

BP blasts US judge in fight against compensation claims
Russia Today. May 17, 2013.
"Oil giant BP has petitioned a US court regarding the company’s payouts stemming from its 2010 Deepwater Horizon spill in the Gulf of Mexico, accusing a judge of allowing “absurd” compensation claims and a “raid on its coffers…" (Read more)

BP Oil Spill Claims Chief Braces for Surge in Filings
By Kathy Finn, Insurance Journal. May 17, 2013.
"The deadline for claims against BP Plc in connection with the 2010 Gulf of Mexico oil spill is 11 months away, but the man responsible for paying the claims said on Thursday he is already bracing for a late surge in filings…" (Read more)

Corps declares massive hurricane project complete
By John Snell, WVUE-TV. May 17, 2013.
"Plaquemines Parish, LA—For the first time, the U.S. Army Corps of Engineers says the hurricane risk-reduction system for metro New Orleans will be finished this season…" (Read more)

Bill would stop feared Louisiana levee
The Sun Herald. May 16, 2013.
"WASHINGTON — The water-projects bill the U.S. Senate passed this week could promote investment in ports and protect the Coast from Louisiana flood-control projects…" (Read more)

Jack Payne: Science and support needed in Gulf Coast restoration
The Gainesville (Fla.) Sun. May 16, 2013.
"Noted American satirist and journalist H.L. Mencken once said, “For every complex problem there is an answer that is clear, simple and wrong…" (Read more)

The Louisiana Coast: Last Call — How We Got This Way: Rising Seas, Sinking Land
By Bob Marshall, WWNO. May 16, 2013.
"The clang of tide gauges throughout parts of southeast Louisiana aren’t from a science fiction movie, though they may make residents feel like they’re caught in one…" (Read more)

Louisiana lists 39 restoration projects that would be financed with BP oil spill fine money
By Mark Schleifstein, The Times-Picayune (New Orleans). May 15, 2013.
"Louisiana coastal officials have put together a list of 39 restoration projects that they hope will be partially or fully financed by money the state or federal agencies expect to receive as a result of the BP Deepwater Horizon oil spill…" (Read more)

Program aims to boost La. seafood industry
By Timothy Boone, The Advocate (Baton Rouge, La.). May 15, 2013.
"A program to help the state’s seafood industry by establishing better ties between fishermen and consumers got a major boost Tuesday when one of the first products designated as “Certified Authentic Louisiana Wild Seafood” was unveiled…" (Read more)

National Fish and Wildlife Foundation fund is launched to restore Louisiana, Gulf Coast natural resources
By Mark Schleifstein, The Times-Picayune (New Orleans). May 13, 2013.
"The National Fish and Wildlife Foundation on Monday announced the creation of a fund that will administer $2.5 billion from criminal plea agreements approved earlier this year between BP and Transocean and the federal government concerning the companies’ roles in the blowout of BP’s Macondo oil well, the fire and explosion aboard Transocean’s Deepwater Horizon drilling rig that killed 11 crew members, and the ensuing three-month uncontrolled release of oil into the Gulf of Mexico…" (Read more)

New Data Shows Mitigation Banks Can Speed Approval Process
By Jemma Penelope, Ecosystem Marketplace). May 13, 2013.
"13 May 2013 | NEW ORLEANS | USA | Mitigation bankers have long claimed that their combination of simplicity, commodification, and regulation offers the most environmentally effective and economically efficient vehicle for approving development projects that require mitigation…" (Read more)

Saving the delta is a pipe dream sans sediment diversion projects.
By Len Bahr, LaCoast Post. May 13, 2013.
"Last week the concentration of atmospheric CO2 reached 400 ppm, more than at any time in human history. This is the legacy of a century of accelerating combustion of fossil carbon, which has triggered dramatic changes in a climate pattern that had been extraordinarily stable for eleven millennia. The world ocean is warming, expanding and becoming more acidic, with very serious coastal consequences…" (Read more)

The River and the Dredge build land together
By Scott Eustis, Gulf Restoration Network. May 13, 2013.
"As you may have seen from our last GulfTides video, some of the money from BP fines will pay to build land using the Mississippi River. Restoring the river to the delta is the "lynchpin" of Louisiana's Coastal Restoration program, as embodied in the Coastal Master Plan…" (Read more)

Boxer seeks Sacramento levee funding in water bill
By Curtis Tate, McClatchy. May 12, 2013.
"WASHINGTON – In contrast to contentious debates over issues such as guns, immigration and the federal budget, a bill to address critical water infrastructure – including flood protection for Sacramento – looked like it might have an easier time getting through a divided U.S. Senate…" (Read more)

Huge Swamp Rats are Eating Louisiana
By Sean Breslin, The Weather Channel. May 9, 2013.
"They're huge, they're nasty, and now, they're becoming an invasive problem for Louisiana…" (Read more)

Levee meant to contain sinkhole water breaches
The Associated Press. May 10, 2013.
"BAYOU CORNE, La. (AP) – Water continues to pour into a massive Assumption Parish sinkhole after five holes opened in the levee surrounding it…" (Read more)