Nine Years After Katrina, Coastal Restoration Plans Remain Distant Dream for New Orleans

Julie-Dermansky-022
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The scars of Hurricane Katrina in New Orleans that remain nine years later are a reminder of the cityโ€™s vulnerability to rising tides and storm surges. Bothย Katrina and Rita, a hurricane that followed just weeks later, washed away miles of coastal marshland, the stateโ€™s first line of defense from storms.ย 

The landscape in Plaquemines Parishโ€™s Braithwaite neighborhood is still that of a ghost town two years after Hurricane Isaac hit, underscoring the need to restore the coast.ย 
ย 


Blighted homes in New Orleansโ€™ Lower 9th Ward onย August 22.ย ยฉ 2014 Julieย Dermansky

Home inย Braithwaite, Louisiana destroyed by Hurricaneย Isaac. ยฉJulieย Dermansky

The day after Hurricane Katrinaโ€™s nine-year anniversary on Friday, former Lt. General Russelย Honorรฉ and his Green Army held a commemorative breakfast. The army, a coalition of environmental and social justice groups, reflected on work they had done during the last legislative session and discussed their path forward. Saving Louisianaโ€™s coast was on top of theย agenda.


Former Lt.ย Generalย Russel Honorรฉย speaking at the Green Army Katrina Anniversary Commemorative Breakfast, held atย Xavierย Universityย in New Orleans. ยฉ2014 Julieย Dermanskyย 


Interior ofย Clubย Desire inย New Orleansโ€™ 9th Ward. ย ยฉ 2014 Julieย Dermanskyย 

Louisiana is faced with dangers brought on by climate change, paired with coastal erosion acceleratedย by human activities including water diversion projects and damage done by the oil and gasย industry.

There is a land loss on the Louisiana coast of approximately one football field every 38 minutes according to theย Louisiana Department of Natural Resources. Theirย figures are based on numbers released by theย United States Geological Survey.

โ€œAt current land loss rates, nearly 640,000 more acres, an area nearly the size of Rhode Island, will be under water by 2050,โ€ The Louisiana agencyย says.ย 

Plaquemines and Jefferson Parrish have waged multiple lawsuits against oil and gas companies alleging they broke the rules required in the permits allowing them to work in the wetlands, while others operated without permits at all, hastening coastalย erosion.ย 

The permits require the companies to restore the area they damaged to its original condition when work is complete โ€” a condition overlooked for years byย industry.

The lawsuits aim to recover funds needed to repair and restore the coast. The Parish lawsuits target individual companies citing specific wrongdoing, coinciding with the damage they allegeย wasย caused.ย 

Theย Southeast Louisiana Flood Protection Authority-East (known as the levee board) waged its own lawsuit against the 97 oil and gas companies. They claim all of the companies contributed to damage to the coast that has weakened Newย Orleansโ€™ย floodย protection.

Their suit follows the same argument: industry failed to restore the land they used to its original condition, as required by permits issued in order for them to do theย work.


Blightedย home inย New Orleansโ€™ 9th Ward with illegally dumped tires. ยฉ2014 Julieย Dermanskyย 


Anย illegalย dump behind an abandonedย building inย New Orleansโ€™ 9th Ward. ย ยฉ2014 Julieย Dermanskyย 

None of the lawsuits try to hold industry responsible for all of the damage to the coast, just their share of the damages.ย What that amount is has not been clarifiedย yet.ย 

โ€œFailing to restore oilfields that had been destroyed by the pits and canals that are a part of oil and gas extraction, and leaving polluted land and water in their wake, is against the law,โ€ย John Carmouche, one of the lead lawyers for the parishes, told the Baton Rouge Advocate.

โ€œEnforcement of those regulations has been lax or non-existent, relying largely on self-reporting by the companies doing the work. The law is clear and the industry needs to be held accountable,โ€ Carmouch said.ย ย 

The Louisiana Oilย and Gas Association has lobbied against all of the lawsuits, trying to get legislators to pass bills that will squash the lawsuits before theyย advance.ย 

Louisiana Governor Bobby Jindalย is openly opposed to the levee board suit, and signedย SB 469 into law in June. The bill was written in an attempt to remove the levee boardโ€™s authority to sue the oil companies.ย  It is โ€œlegislation that will help continue coastal restoration work and stop unnecessary, frivolous lawsuits,โ€ย according to Jindal’sย website.ย 

Before the bill passed, legal experts and Louisianaโ€™sย Attorney General Buddy Caldwell warnedย that, once singed into law, SB 469 could open the door for BP to challenge a number of lawsuits waged against the company by taking away many plaintiffsโ€™ right to sue.ย ย After a four day delay, Jindal signed the lawย anyway.

Gov. Jindalโ€™s brother, Nikesh Jindal, is an associate of Gibson, Dunn & Crutcher, a law firm representing BP, a fact exposed by Lamar White, Jr. in his blog, suggesting a major conflict ofย interest.ย 

The lawyers representing the levee board donโ€™t believe the new law can stop their suit. But the board is faced with another obstacle. Jindal has been stacking the board with members who are against the suit. After the next appointments are made, there is a chance the boardย will have enough members against the suit that they will call it offย themselves.ย 

Jindal started this process by not reappointing John Barry when his term was up. Barry, the former head of the levee board and a leading voice for the lawsuit, believes thatย if the oil and gas companies donโ€™t pay for the damage they have done, there will not be enough money to protectย theย coast.

โ€œWithout the lawsuit, the demise of the coast is inevitable,โ€ Barry toldย DeSmogBlog.ย 


John Barryย speaking at the Green Army Katrina Anniversary Commemorative Breakfast, held atย Xavierย Universityย in New Orleans. ยฉ2014 Julieย Dermanskyย 

At the commemorative breakfast, Barry pointed out, the oil and gas industry helped craft 19 bills to squash the levee boardโ€™s lawsuit and the Green Army managed to block 18 of them. The bill that did pass is unconstitutional and wonโ€™t hold up in court, the groupย says.

The estimated tab of Louisianaโ€™s master coastal restoration plan, approved in 2012, is more thanย $50 billion over 50ย years.ย 

โ€œOf that, about $1.2 billion is expected from a settlement with BP over the 2010 oil spill and a revenue-sharing bill will contribute some $600 million starting in 2017,โ€ reported the National Journal.ย 

So where will the missing money comeย from?ย 

Billy Nungesser, Plaquemines Parish president, doesnโ€™t see a problem with finding the money to restore theย coast.

โ€œPlaqueminesย Parish came up with their own plan that costs less than the stateโ€™s master plan,โ€ he toldย DeSmogBlog.


Billy Nungesser, Plaquimines Parish President next to Congressman Steve Scalise at a โ€œtown hallโ€ meeting held by Rush Radio in Covington, Louisiana. ยฉ2014 Julieย Dermansky

โ€œThere would be enough money from BP to restore the coast. Nobody winsย if we fight this out in court,โ€ Nungesser says. ย โ€œThe biggest enemy is ridiculous litigation cost and politicians who want to spend the BP money on things other then coastalย restoration.โ€ย 

Nungesser is against all of the lawsuits, although he signed on to the ones where hisย parish is the plaintiff.ย ย 

โ€œThe lawsuits are distracting,โ€ he said. Nungesser believes industry is a good partner with the state. Though an outspoken critic of BP during the oil spill cleanup, Nunngesser hasย demurred.ย 

โ€œThere is nothing we have asked the oil industry to do that theyย havenโ€™t done,โ€ Nungesserย says.ย โ€œWeโ€™ve got one chance at saving this coast,โ€ he acknowledged, addingย that, โ€œWe are going to get enough money from BP to begin the process โ€” Godย help us if weย don’t.โ€


Marking left on a home by a rescue worker during Katrinaโ€™s aftermath in New Orleansโ€™ย Lower 9th Ward. ย ยฉ201 4 Julieย Dermansky

Yet BP has done a remarkable job not paying for the damage they caused following the 2010 spill. They filed a petition to the U.S. Supreme Court against a lower New Orleans courtโ€™s settlement they helpedย craft.

The latest setback to victims of the spill came when a judge ruled in favor of BP in an interpretation of medical settlement payments. Those not diagnosed before 2012 by a doctor are not able to qualify for what is called โ€œSpecified Physical Conditionโ€ย payments.

Their cases now fall under โ€œlater-manifestedโ€ cases and will be heard after the main cases are settled, adding years to the time those victims might receiveย compensation.

If there is not major coastal restoration soon, all of the cityโ€™s natural protection will beย gone.

Satellite images illustrate the damage done over the last 30 years. New Orleans stands to become beachfront property with little chance of surviving asย climate changeย accelerates.


Blighted structures in Press Park, a public housing project in New Orleansโ€™ 9th Ward built on top of a Superfund site. ย ยฉ 2014 Julieย Dermanskyย 


Blighted commercial space in New Orleansโ€™ Lower 9th Ward. ย ยฉ 2014 Julieย Dermansky


Part of the foundation of a home in New Orleansโ€™ Lower 9th Ward. ย  ยฉ2014 Julieย Dermansky


Blighted public housing development left in ruins since Katrina in New Orleansโ€™ 9th Ward. ยฉย 2014ย Julieย Dermansky


Blightedย home inย New Orleansโ€™ Lower 9th Ward. ยฉ2014 Julieย Dermanskyย 


Blightedย home inย New Orleansโ€™ Lower 9th Ward. ยฉ2014 Julieย Dermanskyย 


Blighted home inย New Orleansโ€™ Lower 9th Ward. ยฉ2014 Julieย Dermanskyย 

Julie-Dermansky-022
Julie Dermansky is a multimedia reporter and artist based in New Orleans. She is an affiliate scholar at Rutgers Universityโ€™s Center for the Study of Genocide and Human Rights. Visit her website at www.jsdart.com.

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