Louisiana Oystermen and Hilcorp Energy File Consent Judgment
NEW ORLEANS (PRWEB) June 17, 2018 -- Today, the Louisiana Oystermen Association (“LOA”) and Hilcorp Energy Company filed a consent judgment that, if approved by the Court, will settle LOA’s lawsuit against Hilcorp for dredging in the coastal zone without a permit. The suit alleged that in 2016 Hilcorp used tug boats to “wheel wash” channels in Barataria Bay, while dragging an 8’ deep drilling barge to access well sites. Had Hilcorp followed permitting laws, LOA complained, Hilcorp would be required to use less damaging techniques and to pay for mitigation of the damage it caused.
The consent judgment requires that Hilcorp undertake more protective measures in the coastal zone. Specific provisions include the use of vessels of appropriate draft, pre-existing channels in shallow waters, and sediment curtains. Hilcorp will pay $95,000 to harden area water bottoms with cultch and for future monitoring of oil & gas activities in the eastern portion of Barataria Basin, the focus of allegations in LOA’s complaint. Hilcorp has also formally agreed not to retaliate against those who voiced displeasure with the oil company’s conduct, to allay the types of fears that were felt to prevent citizen engagement in the past.
While the settlement continues Hilcorp’s denial of wrongdoing, Hilcorp has agreed to pay $880,000 to resolve the case. Byron Encalade, President of LOA, said of the settlement: “We rely on our reefs to make a living and to protect our communities. So it’s a big deal when these tugs rip up our waterbottoms. I’m glad we stood up for ourselves and that Hilcorp now appreciates our point of view. Hopefully others will learn too.”
In addition to the mitigation and monitoring, Hilcorp will contribute $540,000 to the Fishermen’s Education and Resiliency Program, a project designed to spur the development of a Louisiana oyster off-bottom cage industry. The project will create permitted oyster farms and provide training for fishermen, as well as assure a steady supply of seed. This method, widely practiced elsewhere, allows oyster fishermen to grow marketable, high quality oysters which can be moved out of the way of the oil industry, destructive water salinities, and even storms, if necessary. GO-FISH project manager Mike Roberts says: “Unfair trade practices, diversions, and land loss are pushing coastal communities to the brink. This program will help some guys stay on the water, hopefully long enough to turn things around.”
Joel Waltzer of Waltzer Wiygul & Garside, an environmental lawyer who litigated for LOA, notes this is the first citizen suit to successfully challenge vessel dredging damage. The suit was felt necessary because the regulators could not stop it: “This damage is not a legacy, it’s happening now and there is no excuse. We sued because our agencies can only give violators a slap on the wrist. You violate a federal court order though, you will face real consequences. We will continue to protect coastal communities, with our fishermen as our eyes and ears.”
As required by the Clean Water Act, the U.S. Department of Justice and Environmental Protection Agency have already reviewed the proposed consent judgment and have no objection to its entry.
LOA is a Louisiana nonprofit based in Plaquemines Parish with the mission of protecting the oyster industry, fishing communities, and the environment on which they depend.
The record of the lawsuit, Louisiana Oystermen Association v. Hilcorp Energy Company is located in the Eastern District of Louisiana, docket 2016-cv-10171.
CONTACT:
For further information, you may contact:
Joel Waltzer at 504-430-0844, joel(at)wwglaw(dot)com, or
Byron Encalade at byronencalade(at)yahoo(dot)com
Mann Deynoodt, Deynoodt Marketing, http://www.deynoodtmarketing.com, +1 (504) 522-4377, [email protected]
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