Boat operators should be concerned about the damage caused to boats by oil and dispersants in the Gulf Waters
MEDIA CONTACT: S. Smith (504) 593-9600 C. Brylski/H. Harper (504) 897-6110
August 22, 2010
News from Stuart Smith, Attorney Smith Stag LLC
Recreational and commercial boat operators, as well as Marinas, from Texas to Florida, should be concerned about the damage caused to boats by oil and dispersants in the Gulf Waters from the BP DEEPWATER HORIZON oil catastrophe, and consider documenting their damages and filing a claim.
“The potential damage to any vessel that came in contact with the contaminated water, whether from oil or dispersants, is real and unless addressed, will continue doing damage to boat interiors and exteriors,” said Attorney Stuart Smith, Gulf Oil Disaster Recovery, which represents the United Commercial Fishermen’s Association among others. “The potential damage is cause for real safety concerns.”
Stuart Smith on Chemical Dispersant Use in the BP Oil Spill
An interview with Louisiana environment attorney Stuart Smith of Smith Stag LLC.
The chemical dispersants BP used in an attempt to break down the spilled oil in all likelihood made the ecological damage to the Gulf of Mexico worse than it may have been otherwise. These chemicals are designed to accelerate the process by which oil biodegrades through bacteria and exposure to sunlight, both of which are plentiful towards the water's surface.
BP, without the permits required under the Clean Water Act and with no supporting evidence that it was safe, injected these dispersants at a depth of 5000 feet, at a pressure and temperature that largely negated their effectiveness. Rather than being broken down, the dispersants appear to have in fact made biodegradation considerably more difficult by burying the oil as underwater plumes.
Urgent Concerns Regarding FDA Recommendations To Open Offshore Shrimp Fisheries
FOR IMMEDIATE RELEASE MEDIA CONTACT: S. Smith (504) 593-9600 C. Brylski/H. Harper (504) 897-6110
August 17, 2010
Independent toxicologists issue warning:
DATA SHOWS FDA MIGHT NOT HAVE SAMPLED IN CONTAMINATED AREAS
Data indicates minimum 8-month recovery time needed
Attorney Stuart H. Smith, representing the United Commercial Fishermen’s Association, the Louisiana Environmental Action Network, public and private entities, and citizens harmed by the BP oil catastrophe, today issued this statement:
“Independent water and seafood testing and analyses by Gulf Oil Disaster Recovery experts reveal that highly toxic chemicals remain in the water and food chain. These toxins pose a significant risk to marine reproduction and human consumption of Gulf seafood.
“The greatest concern is the presence of chemicals known as PAHs (or polynuclear aromatic hydrocarbons), which have carcinogenic properties. Our studies have shown that PAHs are present in shrimp from the impacted Gulf areas of the spill at 10 times the levels found in shrimp from inland, low-impacted areas.
“Further, BP’s use of dispersants at 5000 feet below the sea surface caused PAHs and other toxic substances to remain in the seawater. This means biodegradation of the toxins in crude oil is greatly reduced. It could be at least 8 months before the toxic soup we are seeing in the Gulf experiences significant biodegradation, due to low temperatures, lack of sunlight, and other factors.
FOR IMMEDIATE RELEASE MEDIA CONTACT: S. Smith (504) 593-9600 C. Brylski/H. Harper (504) 897-6110
August 16, 2010
News from Stuart Smith, Attorney Smith Stag LLC
Independent toxicologists issue warning: We object to the FDA Claim that chemical dispersants have a low potential for accumulating in seafood and do not pose a public health concern
Attorney Stuart H. Smith, representing the United Commercial Fishermen’s Association, the Louisiana Environmental Action Network, public and private entities, and citizens harmed by the BP oil catastrophe, today issued this statement:
“Independent analysis by toxicologists dispute FDA claims made in the last few days that chemical dispersants used by BP during the oil catastrophe may not accumulate in seafood.
“In fact, in a full report by Dr. Bill Sawyer released today, there is a grave problem caused by dispersants, due to the fact that these were used in deep waters and on such a vast scale.
“Studies of other spills show that the toxic components of crude oil ‘bio-accumulate’ into the food chain and become highly toxic to marine reproduction and harmful when consumed by humans, even when dispersants are applied at the surface and the chemical toxins may be sufficiently diluted over time to pose only minimal risks.
“However, BP’s use of dispersants deep underwater in the Gulf, and on such a vast scale, represents the first time dispersants have been used in this manner. The greatly-reduced biodegradation in the DEEPWATER HORIZON case, resulting from lack of sunlight, extreme cold temperatures at 5000 feet, and other environmental factors significantly reduce the rate at which the dispersed crude components are degraded.
Environmental Attorney Stuart Smith On The BP Claims Process
Stuart H. Smith, Esq., Member of Smith Stag, LLC in New Orleans, Louisiana, explains the mechanics of BP's claims process and the risks inherent in self-prepared claims. Unlike a hurricane scenario, the BP "adjusters" owe a duty to BP, not to you. BP is specifically suggesting that documentation not be reviewed with an attorney. Most people haven't been informed that the Oil Spill Act of 1990 - which requires the claims process that is currently in place - is only one of many legal options they may have in addressing the real costs of this disaster. Acting early, Mr. Smith engaged nearly a dozen scientists to generate the changing record of air, water and soil conditions, invaluable evidece that will be used against BP in court.
Oil Spill Litigation to be Consolidated in Federal Court in New Orleans
News from Stuart Smith, Attorney, Smith Stag LLC
FOR IMMEDIATE RELEASE Aug. 10, 2010 MEDIA CONTACT: H. Harper (504) 897-6110
NOLA.COM: The Judicial Panel on Multidistrict Litigation agreed to consolidate the litigation over the oil spill disaster in the Gulf of Mexico in federal court in New Orleans before Judge Carl J. Barbier.
LOUISIANA WINS THANKS TO STUART SMITH AND ATTORNEYS WORKING IN GULF OIL DISASTER RECOVERY
Statement from Mary Lee Orr, Louisiana Environmental Action Network (225) 588-5059.
"The MDL decision favoring New Orleans as the venue for the BP catastrophe litigation is due in large part to the excellent and hard-fought representation of fishermen, environmentalists, public entities and property owners by Attorney Stuart Smith and his team. They were the first to get legal victories against BP in this on-going fight and we believe they will in the end hold BP responsible for this unprecedented disaster that has impacted the people of the Gulf Coast, but especially the families of Louisiana. This is the first step in a long-road to recovery."
STATEMENT FROM STUART SMITH ON OIL SPILL LITIGATION SITE DECISION
“The Judicial Panel on Multidistrict Litigation agreed to consolidate the litigation over the BP oil disaster in the Gulf of Mexico in federal court in New Orleans. This is a victory for our team of attorneys who fought so hard for this. We have been at the forefront of fighting BP on all its foot-dragging, paper-chasing and affronts to the fishermen and citizens of the Gulf Coast. This catastrophe has taken away something irreplaceable: our fisheries and our way of life. BP must be held accountable and this decision assures a better chance of this.”
Aug. 10, 2010 Contact: C.Brylski (504) 897-6110 or S. Smith (504) 593-9600
The Justice Department and BP announced yesterday that they have finished negotiations to implement a $20 billion fund for victims of the Gulf oil spill and that BP will make a $3 billion initial deposit in September.
The government said the company still needs to ensure that all the necessary funds will be available if something happens to the BP subsidiary that established the trust and that the Justice Department looks forward to completing an appropriate security arrangement in the near future. Kenneth Feinberg, the Obama administration's pay czar, takes over processing claims from the $20 billion oil spill compensation fund later in August.
Regarding this, Attorney Stuart H. Smith, representing the United Commercial Fishermen’s Association, the Louisiana Environmental Action Network, and other commercial, governmental and non-profit entities in states along the Gulf Coast, today issued this statement:
"I am unclear what the government is so happy about regarding BP's actions. First, Gulf Coast families are suffering and on the verge of bankruptcy now, so it’s not comforting that BP is taking 90 days to deposit its first check. Second, let's realize what we have here: A totally secret negotiation process between BP and the Administration, which you can bet means the victims of BP's catastrophe will pay for this lack of transparency.
"BP has stalled, tinkered and confused this claims process with foot-dragging and mountains of paperwork. Now it appears BP has no intention of paying many of the filed claims. The Destin Log reported that people are being told no claims from May will be paid by BP. BP is re- positioning on the economic claims issue, hoping to limit claims to areas actually hit by the oil. Try telling that to a beachside restaurant in Grand Isle or Orange Beach that called the Summer of 2010 the 'Season that Wasn’t.'
"Even the government’s appointed claims mediator, Mr. Ken Feinberg, is underscoring 'well, you have to prove your claim.' To me, that’s a signal to people that they should consider getting some professional help and expect an adversarial system. The Administration's actions only underscore that."
Louisiana Environmental Attorney Stuart Smith Says Government Report Misleading Gulf Coast Citizens
Watch this video featuring testimony from a charter captain in Louisiana who begs BP to do the right thing and live up to its advertising hype. Gulf of Mexico charter boat captain Al Walker, who has been documenting the disaster from its early days, has new compelling footage that clearly shows that the oil is still very much in the Gulf. What's actually gone is much of BP's cleanup effort. (Captain Al Walker 504.710-2950; Charter Boat Captain Alliance)
Going out of Myrtle Grove Marina on July 31st, this is what we found in Barataria Bay. BP has withdrawn skimmers, boom and other oil capture equipment and material, presenting to the public that the oil has been removed and the need for major cleanup operations has ended. This video reveals the opposite.
Attorney Stuart H. Smith, representing the United Commercial Fishermen’s Association, the Louisiana Environmental Action Network, and other commercial, governmental and non-profit entities in states along the Gulf Coast, today issued this statement:
“The U.S. government owes it to the citizens of the Gulf Coast to refute the notion that 74 percent of the oil from the Deepwater Horizon Catastrophe has been eliminated and is no longer harmful.
"There is a serious disconnect between the NOAA (National Oceanic and Atmospheric Administration) report released yesterday and reality. This disconnect stems from an undue optimism and is underscored by previously flawed reports issued by NOAA about dispersed oil.
“To answer growing skepticism, the government should immediately release the full report from NOAA, all of the underlying data used and calculations performed in generating it.
Dispersants Used in Oil Disaster Creating New Crisis
News from Stuart Smith, Attorney, Smith Stag LLC
FOR IMMEDIATE RELEASE July 31, 2010 MEDIA CONTACT: H. Harper (504) 897-6110
Toxic chemical components from crude may pose serious problems for fisheries
A Statement from Attorneys Stuart Smith and Mike Stag, and Toxicologist Dr. William Sawyer:
“Most southeast Louisiana residents know by now that BP is using chemical dispersants in the Gulf to help make the oil go away. Unfortunately, dispersants do not ‘make the oil go away’ – quite the reverse, dispersants merely conceal a portion of the oil underwater.
“Dispersants also leave behind a witch's brew of other potentiallydangerous chemicals after interacting with crude oil in water. Not only do these toxic components damage the environment, but they introduce potentially serious human health and marine environmental problems.
“Louisianans can expect to experience long-term effects for some time, not only to their health, but also their ecosystem and way of life. And the real problems can’t necessarily be seen."
Fishermen, Environmentalists sue to protect air, water samples critical to health and safety of Gulf Coast
FOR IMMEDIATE RELEASE July 27, 2010 MEDIA CONTACT: C. Brylski (504) 897-6110
With documented evidence and testimony that BP has failed to preserve air and water samples containing oil, organic compounds and/or dispersant releases related to the DEEPWATER HORIZON catastrophe in the Gulf of Mexico, attorneys representing the United Commercial Fishermen of Louisiana, environmental organizations, public entities and businesses in states impacted by the disaster entered the U.S District Court, Eastern District of Louisiana to preserve samples which they believe are critical to the future health, safety and environment of the Gulf Coast.
“We believe BP has inadequately collected and maintained samples, and have prevented independent scientists from collecting appropriate samples,” said Attorney Stuart H. Smith, Smith Stag LLC of New Orleans, one of an independent group of Gulf Oil Disaster Recovery experts and attorneys who associated to represent those suffering from the disaster. “These samples are critical to air dispersion modeling and may prove essential in combating attempts by BP to claim that tarballs or oil contamination emanated from a source other than the Macando well.”
Gulf Oil Disaster Recovery Attorney Stuart Smith, representing commercial fishermen, environmental groups, public entities and businesses throughout the Gulf Coast states impacted by the DEEPWATER HORIZON catastrophe issued the following statement with toxicologist Dr. William Sawyer:
"The EPA is showing toluene and benzene levels appearing 20 to 30 times above normal while independent testing has revealed benzene air levels up to 72-times in excess of the EPA industrial screening guidelines in oil cleanup areas.
This press release from Gulf Oil Disaster Recovery was featured on katc.com on July 22nd 2010
"Although the well may be capped, Louisiana and coastal gulf residents still have plenty of reasons to be worried about the health impacts of the oil spill.
Click 'read more' for the rest of this article and additional documents
ATTORNEYS FOR FISHERMEN SECURE BP COOPERATION FOR BETTER OIL CLAIMS PROCESS, BUT SAY SERIOUS PROBLEMS REMAIN
News from Stuart Smith, Attorney Smith Stag LLC
FOR IMMEDIATE RELEASE : June 11, 2010
MEDIA CONTACT Terrie Ard, APR, CPRC (850) 528-7668 terriea@moore-pr.com
DESTIN, FL (June 5, 2010) —Florida business owners, residents and those impacted by the Gulf oil catastrophe now have a more fair and secure process to document their claims against BP following the Gulf oil spill, thanks to the latest efforts of attorneys who represent them and continue to push BP to address the serious problems that remain in the claims process.
BP Co-operates in Building a Better Claims Process Related to the Oil Disaster
News from Stuart Smith, Attorney Smith Stag LLC
FOR IMMEDIATE RELEASE June 5, 2010
MEDIA CONTACT: Terrie Ard, APR, CPRC (850) 528-7668 terriea@moore-pr.com
DESTIN, FL (June 5, 2010)—Florida business owners, residents and those impacted by the Gulf oil catastrophe can learn more about the claims process established by BP at a series of seminars where attorneys will explain new protections for seeking damages.
Since May 15, attorneys who are handling claims related to the Gulf oil spill recovery by property and business owners in the Florida Panhandle, as well as fishermen in Louisiana and Gulf Coast states, have sought a federal court and/or a “special master” to provide oversight and guidance in the claims processing program initiated by BP.
The claims were filed as a result of damages and loss income due to the expanding DEEPWATER HORIZON catastrophe. As these claimants continue to seek judicial oversight and/or a “special master” in U.S. District Court, Eastern District, BP has agreed to add definition to its claims process, according to Attorney Stuart Smith, Smith Stag LLC.
Counsel for George Barisich, President of the United Commercial Fisherman’s Association, announced today in open court that an agreement has been made with BP in the continuing efforts to add transparency and accountability to the claims process.
May 27, 2010 Contact: C. Brylski/H. Harper (504) 897-6110
News from United Commercial Fisherman’s Association
Contact: Val P. Exnicios (504) 495-9666 or George Barisich (504) 439-2013
Counsel for George Barisich, President of the United Commercial Fisherman’s Association, announced today in open court that an agreement has been made with BP in the continuing efforts to add transparency and accountability to the claims process.
On behalf of the group, Attorney Val P. Exnicios presented the agreement, which stated:
1. Claimants with lawyers will not be treated any differently than those without; 2. BP will maintain the confidentiality of all claimants’ financial information; and 3. BP has agreed to hire more multi-lingual translators to process claims.
The motion for court supervision, or alternatively to appoint a special master or special master over claims will be continued on June 4.
The Court also indicated that BP should cooperate with plaintiff’s counsel in determining whom to appoint as the independent mediator that BP announced yesterday would be overseeing claims-payment process for damages caused by the Gulf of Mexico oil spill.
Mr. Barisich stated, “I am very pleased that my attorneys have been able to advance this case so rapidly.”
On May 15, Plaintiff George Barisich, President of the United Commercial Fisherman’s Association, Inc., submitted a memorandum to the U.S. District Court, Eastern District of Louisiana, in support of his motion to appoint a special master to provide oversight and implementation guidance for the claims processing program initiated by BP to provide emergency interim compensation for the damages caused by the ongoing oil spill.
Agreements today addressed the complaints of fishermen documented in the filing. For more information, go to www.gulfoildisasterrecovery.com
Click here for the press release in PDF format
Gulf County, Fla. Retains Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee to represent them during BP Oil Spill
News from Gulf Oil Disaster Recovery
FOR IMMEDIATE RELEASE May 17, 2010
MEDIA CONTACT: C. BRYLSKI (504) 897-6110 (LOUISIANA PRESS)
J. OLDHAM (OUTSIDE LOUISIANA/ NATIONAL PRESS) 703-519-1283 (w) 571-296-7747 (c) or 703 371 7143 (c)
Gulf County, Florida became the first governmental entity to retain Krupnick Campbell Malone Buser Slama Hancock Liberman & McKee, part of a team of independent lawyers, to represent its interests in the BP DEEPWATER HORIZON catastrophe, announced Louisiana Attorney Stuart H. Smith and Florida Attorney Bob McKee.
The team of independent law firms is already representing commercial fisherman and environmental activists in the Gulf region.
Gulf County Commissioners decided Monday, May 17 to hire the firm because of its strong litigation capacity and solid foundation of knowledge in the field of marine disasters. Gulf County Commissioners made it clear that they were disturbed by BP's lack of timely information on a county preparedness plan.
EXPERTS DETERMINE TRUE EXTENT OF OIL SPILL: 70,000 BARRELS A DAY Fishermen and Louisiana Environmental Action Network DEMAND IMMEDIATE AND EXTENSIVE TESTING OF PLUME
Federal decision to ‘ok’ BP dispersants damaging to wildlife and Gulf Coast culture
NEW ORLEANS, La. (May 15, 2010) — As predicted by Louisiana Attorney Stuart Smith, of Smith Stag, LLC, on the April 30, 2010, experts have determined that nearly 70,0000 barrels of crude oil are gushing out every day in the wake of the Deepwater Horizon disaster. This information comes after the release of video tape by BP, which was first demanded by Mr. Smith on behalf of the Louisiana Environmental Action Network and United Fishermen’s Association.
Click here for the press release in PDF format
United Fisherman’s Association Petitions Federal Court to Appoint Overseer of BP Payments Process
News from Gulf Oil Disaster Recovery
FOR IMMEDIATE RELEASE May 15, 2010 MEDIA CONTACT: C. Brylski/H. Harper (504) 897-6110 or (504) 289-0499 or (504) 460-1468
Fishermen continue to cite abuses of payment system, especially against fishermen who have hired attorneys
Citing on-going hi-jinks in payments to fisherman distressed by the DEEPWATER HORIZON catastrophe, George Barisich, President of the United Commercial Fisherman’s Association, is petitioning the U.S. District Court, Eastern District of Louisiana, to appoint a “Special Master” to provide oversight and guidance in the claims processing program initiated by BP.
Such provisions are allowed under federal law, especially in pre- and post-trial matters involving payments to claimants, said attorneys representing Mr. Barisich.
Smith Stag, LLC www.smithstag.com 365 Canal Street, Suite 2850, New Orleans, LA 70130 Phone: (504)-593-9600 Stuart H. Smith Cell: (786) 879-9601 Michael G. Stag
For more information and commentary from Stuart Smith about the Deepwater Horizon oil spill disaster visit oilspillaction.com
Liska, Exnicios & Nungesser 365 Canal Street, Suite 2290, New Orleans, LA 70130 Phone: (504) 410-9611 Val Exnicios Cell: (504) 495-9666
