The Lawless Lawyer

Leslie Fenton

Leslie Fenton
Location
Long Beach, California, USA
Birthday
September 26
Bio
Lawyer, blogger, lesbian mom & cat lover. I believe the law should be accessible to everyone who wants to learn about it, and I hope my writing reflects that. My areas of academic interest are, in no particular order: LGBT rights, juvenile justice, death penalty abolition, and prisoner's rights. I keep this blog as a hobby and write about topics that are of interest to me and my clients. I am happy to answer general questions about the law in comments and messages, but nothing I say on this blog should be construed as legal advice, and such communication is not privileged and does not create an attorney-client relationship. If you have a legal problem, please consult with a qualified attorney in your area. Follow me on twitter: @lawlesslawyer

Editor’s Pick
JULY 16, 2010 10:25AM

Oily Floods: The Next BP Horror

Rate: 7 Flag

All across the United States, environmentally conscious citizens are breathing a sigh of relief as reports indicate that after 86 days, BP finally managed to figure out how to shut off the spew from hell.  In New Orleans (and likely elsewhere along the Gulf), homeowners like me have yet to exhale.  Even if the underwater oil geyser stays capped for good, we still have to live through hurricane season(s) with the knowledge that came to us this week via letter from our home insurance companies.  The letter was accompanied by a memo from FEMA offering a helpful explanation of how claims "might be handled" if submitted for damage caused by "oil mixed with floodwater."  

Oil mixed with floodwater, according to the FEMA memo, "is not new."  Unfortunately, it is also not contemplated very generously by home insurance companies.  Damage to soil, ground, plants?  Not covered.   Special clean-up methods required by state or local ordinance?  Not covered.  Damage to the home itself is covered up to the policy limit.  Everything else, the memo implies, is BP's problem.  Oh, and ours.

 The 2010 season is widely predicted to bring a record number of hurricanes.  The fact that FEMA and insurance companies have taken the threat of oily floods in New Orleans seriously enough to issue a memo preemptively limiting their liability is troublesome in and of itself.  The swirl of rumors regarding the disastrous aftermath of the Deepwater Horizon explosion produced a lot of apocalyptic thinking, and I suppose I had hoped that Hurricane Oilpocalypse was merely one of hundreds of very unlikely scenarios conjured by our dreary imaginations.  Given that FEMA doesn't tend to plan too far ahead as far as New Orleans is concerned, this memo says to me that if a hurricane does cause flooding in the area, I may be begging BP for years to come for money to replace my befouled grass and trees.  I don't even want to think about what Louisiana farmers might be up against.  That is, if the Flood of Viscous Doom doesn't finish off  what Katrina started.  Heckuva job, BP. 

While I'm not quite breaking out the Korbel, don't get me wrong - I'm glad there's no more oil actively flowing into the Gulf.  I hope it stays that way.  But I also hope the country doesn't turn its back on the Gulf States once the immediacy of  the crisis has passed and the anxious wait begins.  We still have no idea how just how badly the oil already spilled will affect our environment and our industries in the years to come.   All of us are carrying around an intense anxiety for the future of the region, our jobs, our homes, our lives.  As long as BP's pollution stains the water, there will be no sighs of relief along the coast.

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The fact that FEMA and insurance companies have taken the threat of oily floods in New Orleans seriously enough to issue a memo preemptively limiting their liability is troublesome in and of itself.

That is ominous. I am with you - glad they stopped it gushing but oh, my, what is to come. Thanks for posting. It is good to hear a slice of what is really going on down there.
Heckuva job, BP, indeed. It amazes me to no end that FEMA has learned nothing from its past behavior, BP gets a hall pass (and rewarded for) its actions (or inaction) and once again, it's the people who will be left holding the bag. I hope there's no oil in yours.
It may be quite some time before we realize the true magnitude of destruction this blow out has caused.
@Delia: I think everyone is actually worried about this. I was trying not to be until I got this letter in the mail...

@cartouche: If this actually comes to pass I think BP will be bankrupt long before we're reimbursed, as if any amount of money could repair the damage it would do.
When I heard the press that the oil had stopped gushing the first thing I thought was - now they can slowly walk away from the forefront of media-land and all these poor people in the gulf will still have the same problems to deal with - and more with hurricane season and "oily floods". I hope that everyone can keep this in the "eye of the media" for as long as it takes
Get the facts folks. This is a huge tragedy to be sure, but we should dig a bit deeper before going after the wrong demon. We are being fed 90% BS by the media and our elected blatherers who all benefit from inflaming the populace. Despite what you've been fed, if we had to choose a company to respond to the Transocean/Anadarko/Mitsui/US government/BP spill, it is BP, hands down. No other supermajor has the capability or corporate ethos to respond in the incredible way BP employees have. Check in on Exxon's handling of the Valdez controllable spill, Union Carbide's response to Bhopal (over 100,000 dead!), the coal mining company's tragedy du jour. It's a terrible accident, the fault for which has yet to be determined (but facts point to Transocean, based in the Caymens). The men and women involved in the response, BP employees and otherwise deserve our respect and humble thanks.
Don't forget all the tens of thousands of migratory birds about to descend on the Gulf in August where they will "feed" so as to make the journey to their mating and hatching grounds. What will happen to bird populations? Yeah, that's right! Many will probably be brought to near extinction. And the tuna who will soon swarm into the Gulf to breed, on their way to New England Atlantic waters? Also most likely doomed. Most Gulf businesses, properties, and towns will be rendered uninhabitable and worthless which will severely impact our seriously depressed economy, not to mention tax revenues. And don't forget human health problems which will continue for years if not generations.

It's truly sad and heartbreaking, especially to me who lived in a coastal state for 42 years and dearly love the shore and the beach as do my children. But I also keep thinking over and over, that we've known for decades that oil was dangerous to the planet in a myriad of ways, but greed, stupidity, and apathy prevailed. "We reap what we sow, and how ironic ( see my last post on this very subject) that it's the Big Oil-lovin' Red States that are hurt the worst, and would still love Big Oil if this disaster hadn't happened. Or, as my friend put it, "The chickens have come home to roost!"
It is a shame that such a horrible thing had happened!
Anyway, in cases like this, I use to Buy Viagra in order to forget and forgive every stuff I do not like about life
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