BEAUMONT, Texas - It's decision time for many whose livelihoods were affected by the 2010 Deepwater Horizon blowout in the Gulf of Mexico. Private claims of economic hardship against oil giant British Petroleum (BP) will become part of a class-action settlement process, with participants likely forfeiting the right to sue later on their own unless they formally opt out of the deal this week.
Beaumont attorney Brent Coon represents about 14,000 claimants associated with the fishing, tourism and oil industries from the five Gulf states.
"If you were impacted - lost some business, lost some period of employment - there are critical deadlines. If you do not exercise that choice by Thursday, the court will make it for you."
Joining the class could be the fastest way to receive compensation, but Coon says many have good reasons to opt out. Some worry that complex eligibility criteria leave too much uncertainty about their share of the proposed $7.8 billion settlement. Others fear the deal won't factor in the spill's long-term impacts.
National Wildlife Federation Vice President for Wildlife Conservation John Kostyack says more damage is likely to come. He wants BP to agree up front to fair settlements that take unknowns into account.
"A lot of things are playing out that are unprecedented: this amount of oil, this amount of dispersant, this amount of methane put into that system. That's never been done. We're in a gigantic experiment. So, we need to make sure that there's money built into any settlement to deal with the unknowns."
Kostyack is concerned about recent reports that BP and the Justice Department are closing in on a settlement deal of their own that might amount to billions of dollars less than if the case were to go to trial. The fines are meant to deter oil companies from future reckless practices, and they are used by states for restoration.
While Kostyack hopes a drawn-out court battle can be avoided, he says the government should not let BP off too easy when there are still so many unanswered questions - such as what will happen to the remaining oil on the Gulf floor.
"Will that oil deteriorate naturally, or will some monster storms come along and send that oil into the marshes and other coastal habitats?"
Texas wasn't hit as hard by the spill as some other areas, and some plaintiffs in the state are excluded from the class suit. However, attorney Coon says many Texans were impacted dramatically and deserve full compensation.
"Southeast Texas, in particular, is heavily reliant on commercial fisheries, most notably the shrimping industry. And the economies within those areas suffered greatly as well, because when you couldn't shrimp, there was no money going back into those communities."
A temporary moratorium on offshore rig operations after the spill hurt many oil-related businesses in Texas, Coon adds.
A New Orleans judge will hold a fairness hearing on Nov. 8 to determine whether the class-action settlement proposal can proceed. BP is urging the court to approve the plan, saying the majority of claimants favor it.
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A new report found four dams in the Columbia River Basin are big emitters of methane.
Research from the organization Tell The Dam Truth showed the four lower Snake River dams in eastern Washington emit the equivalent of 1.8 million metric tons of carbon dioxide each year.
Robin Everett, deputy western region field director for the Sierra Club, said it undercuts some of the claims the dams are helping provide the region with clean energy.
"It's really clear from this report that we have to take this a lot more seriously that there are some real impacts as far as emissions go from these dams," Everett asserted.
The reports showed the dams produce the equivalent emissions of burning 2 billion pounds of coal annually. Defenders of the dams counted they are important for barging and irrigation for the area's agricultural lands.
But Everett pointed out the dams have another effect on the region: they block the dwindling population of salmon and steelhead from traveling upstream on the Snake River. She noted it not only hurts fish populations but the tribes relying on them.
"We have an obligation for them to be able to fish and if there are no fish to fish, we have broken the treaties," Everett contended
Chinook salmon are also an important source of food for orca on the West Coast. Everett added protecting salmon is important for tribes and the region as a whole.
"Our moral obligation to the salmon and the orca that depend on them are met as well," Everett concluded.
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A proposed pumped-storage hydroelectric facility for Cuffs Run near the Susquehanna River in York County has been challenged by the Chesapeake Bay Foundation.
The foundation filed a motion to intervene in the proceedings with the Federal Energy Regulatory Commission, which is considering granting a preliminary permit to build a 1.8-mile-long dam for the project.
Harry Campbell, science policy and advocacy director for the Chesapeake Bay Foundation, said they are working to stop the project in order to protect the unique Cuffs Run area and its ecological benefits for future generations.
"If approved, this project would destroy it about 580 acres of prime farmland, fields and forests, some of which have not been disturbed in about 100 years," Campbell pointed out. "Those farms, fields and forests exist harmoniously with and in support of a plethora of plant and animal life."
The foundation is circulating an online petition and encouraged Pennsylvanians to provide comments before Sunday.
The stream is home to naturally reproducing brook trout. Advocates worry the $2.5 billion project would also be harmful to the Susquehanna River. Campbell noted about 40 families would be displaced.
"For those who call Cuffs Run home, it's more than just a place to live. It's their heritage and they want it to be part of their legacy," Campbell asserted. "This project just simply is the wrong idea in the wrong place. In order to honor that heritage and that legacy, we need to preserve this area."
Campbell emphasized the Cuffs Run project is about 993 acres of land draining into a 2.5-mile unnamed tributary. He added in terms of stream habitat, the rocks, pebbles and woody material have been identified as among the best in the region for supporting critters living in the water.
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Tennesseans want more say in how the Tennessee Valley Authority plans for their future electricity needs and a bill now in Congress could give the public more influence.
The "TVA Increase Rate of Participation Act," would require a more open decision-making process for the utility.
Brianna Knisley, director of public power campaigns for Appalachian Voices, said the TVA is currently developing its new Integrated Resource Plan to meet future energy demands. The bill would require more public participation in the plan's proceedings.
"Right now the stakeholders who get to provide input early on in the IRP process are all hand-selected by TVA," Knisley pointed out. "You can't choose to be in that IRP working group. And those are the only folks who get substantial input in the architecture of the IRP, as it's being designed."
The utility serves more than 10 million people across six states. The TVA said it is reviewing the legislation. A draft of the plan will be published at a later date. The TVA said it already has a "robust stakeholder engagement plan."
After the plan is released, Knisley noted public input happens during what's known as the scoping phase of the National Environmental Policy Act. Open houses are set up, where the TVA answers questions from the public. Knisley encouraged Tennesseans to raise any of their concerns during the public and virtual hearings.
"I think additional public input into our region's long-term energy plan is only going to strengthen outcomes," Knisley contended. "And make that long-term energy plan better meet the needs of the Tennessee Valley, as a whole."
She added it is important for Tennesseans to work with Congress on the best way to improve public input in the TVA decision-making process.
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