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For Louisiana’s Vanishing Coast, Deal With Mining Company Is a ‘Starting Point’ For Louisiana’s Vanishing Coast, Deal With Mining Company Is a ‘Starting Point’
(about 1 hour later)
Coastal Louisiana parishes announced on Thursday that they had reached a deal with a mining company over claims that its aggressive drilling for oil damaged the state’s vanishing coast, a settlement that could lead to other agreements with energy giants as the state scrambles to stop its disastrous land loss.Coastal Louisiana parishes announced on Thursday that they had reached a deal with a mining company over claims that its aggressive drilling for oil damaged the state’s vanishing coast, a settlement that could lead to other agreements with energy giants as the state scrambles to stop its disastrous land loss.
In a tentative agreement with 12 coastal parishes, the company, Freeport-McMoRan, said it would pay up to $100 million toward restoring the coast, much of which it could recoup through environmental credits.In a tentative agreement with 12 coastal parishes, the company, Freeport-McMoRan, said it would pay up to $100 million toward restoring the coast, much of which it could recoup through environmental credits.
While Freeport-McMoRan is just one of many companies that have been sued in 46 lawsuits over coastal damage, the deal is likely to blaze a trail for future negotiations between the parishes and industry leaders like ExxonMobil, Chevron, BP and Shell. Freeport-McMoRan is just one of 98 companies that have been sued in 46 lawsuits over coastal damage, according to John Carmouche, a lawyer representing eight of the 12 parishes that are part of the tentative agreement. But the deal is likely to blaze a trail for future negotiations between the parishes and industry leaders like ExxonMobil, Chevron, BP and Shell.
“This is definitely a starting point, and I think they all understand that the ones that come first get the better deals,” said John Carmouche, a lawyer representing eight of the 12 parishes that are part of the tentative agreement. “This is definitely a starting point, and I think they all understand that the ones that come first get the better deals,” Mr. Carmouche said.
More than 2,000 square miles of coast — roughly the size of Delaware — have sunk underwater since the 1930s. Studies, including those sponsored by oil and gas industry groups, have shown that private enterprise is responsible for a substantial portion of the land loss, largely from the construction of pipelines and access canals.More than 2,000 square miles of coast — roughly the size of Delaware — have sunk underwater since the 1930s. Studies, including those sponsored by oil and gas industry groups, have shown that private enterprise is responsible for a substantial portion of the land loss, largely from the construction of pipelines and access canals.
But the energy industry has remained a powerful force in Louisiana, which accounts for 7 percent of all gas production in the United States and is capable of processing 3.3 million barrels of crude oil each day, according to the federal government’s Energy Information Administration.But the energy industry has remained a powerful force in Louisiana, which accounts for 7 percent of all gas production in the United States and is capable of processing 3.3 million barrels of crude oil each day, according to the federal government’s Energy Information Administration.
Some of the largest oil and gas companies bristled at the idea that they would agree to a similar deal.Some of the largest oil and gas companies bristled at the idea that they would agree to a similar deal.
“It’s a long way away from presenting a legitimate solution,” said Melissa Landry, a spokeswoman for five of the defendants: BP, Chevron, ConocoPhillips, ExxonMobil and Shell. She declined to say whether the companies had discussed possible settlements with the parishes.“It’s a long way away from presenting a legitimate solution,” said Melissa Landry, a spokeswoman for five of the defendants: BP, Chevron, ConocoPhillips, ExxonMobil and Shell. She declined to say whether the companies had discussed possible settlements with the parishes.
In a statement, Ms. Landry said oil and gas companies had been operating within the scope of the law for decades and that the “complex and multifaceted problem” of protecting and restoring Louisiana’s coast “will not be resolved in a courtroom.”In a statement, Ms. Landry said oil and gas companies had been operating within the scope of the law for decades and that the “complex and multifaceted problem” of protecting and restoring Louisiana’s coast “will not be resolved in a courtroom.”
Gov. John Bel Edwards, a Democrat who in 2016 intervened as a third party in the lawsuits and encouraged other coastal parishes to sue the oil and gas companies, said he hoped other corporations would strike similar deals with the local governments.Gov. John Bel Edwards, a Democrat who in 2016 intervened as a third party in the lawsuits and encouraged other coastal parishes to sue the oil and gas companies, said he hoped other corporations would strike similar deals with the local governments.
State officials have estimated that it would cost $50 billion to neutralize land loss. The money from the proposed settlement would go toward a Coastal Zone Recovery Fund, managed by the state, that would distribute the cash toward coastal projects in the affected parishes.State officials have estimated that it would cost $50 billion to neutralize land loss. The money from the proposed settlement would go toward a Coastal Zone Recovery Fund, managed by the state, that would distribute the cash toward coastal projects in the affected parishes.
“Ensuring these funds stay in the communities that are impacted for dedicated coastal restoration is why the state of Louisiana intervened in these lawsuits, despite the fact that they were filed before I was governor,” Mr. Edwards said in a statement, adding that he hoped the deal would be a model for future agreements.“Ensuring these funds stay in the communities that are impacted for dedicated coastal restoration is why the state of Louisiana intervened in these lawsuits, despite the fact that they were filed before I was governor,” Mr. Edwards said in a statement, adding that he hoped the deal would be a model for future agreements.
The deal still needs the formal approval of all 12 parishes, which Mr. Carmouche said he expects before the end of the year, but the tentative settlement marks the latest turn in litigation battles against the oil and gas industry in Louisiana.The deal still needs the formal approval of all 12 parishes, which Mr. Carmouche said he expects before the end of the year, but the tentative settlement marks the latest turn in litigation battles against the oil and gas industry in Louisiana.
Private landowners allowed companies to use their lands, but some later sued after they said the companies had polluted their property. In 2017, a federal appeals court threw out a lawsuit from a state levee authority, which claimed that oil and gas companies had weakened New Orleans’s defenses from storm surges by destroying coastal wetlands that act as a buffer zone.Private landowners allowed companies to use their lands, but some later sued after they said the companies had polluted their property. In 2017, a federal appeals court threw out a lawsuit from a state levee authority, which claimed that oil and gas companies had weakened New Orleans’s defenses from storm surges by destroying coastal wetlands that act as a buffer zone.
John Barry, a former member of the authority that led that charge, said on Thursday that he was glad to see Freeport-McMoRan’s willingness to reach a settlement, but that it was a drop in the bucket compared with the impact of other companies that have larger operations in the state.John Barry, a former member of the authority that led that charge, said on Thursday that he was glad to see Freeport-McMoRan’s willingness to reach a settlement, but that it was a drop in the bucket compared with the impact of other companies that have larger operations in the state.
“Compared to the scope of the problem, and the liability of the industry, it’s a small but important step,” Mr. Barry said.“Compared to the scope of the problem, and the liability of the industry, it’s a small but important step,” Mr. Barry said.
Oliver Houck, a law professor who advised the parishes’ lawyer early in the case, said that the settlement was significant, but that he had nearly given up hope that larger companies would take responsibility for the disappearing coast.Oliver Houck, a law professor who advised the parishes’ lawyer early in the case, said that the settlement was significant, but that he had nearly given up hope that larger companies would take responsibility for the disappearing coast.
“They just can’t accept it,” he said.“They just can’t accept it,” he said.