8 Years After BP Oil Spill, Sick Cleanup Workers Still Waiting for Day in Court

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On theย eighthย anniversary of the BP oil spill, Retired Lt. Gen. Russel Honorรฉ stood in front of theย New Orleansย Federal Court House and called โ€œbullshitโ€ on the courtโ€™s handling of claims made by those who participated in the cleanupย efforts.ย 

Thousands of workers BP hired to clean up the spillย that polluted the Gulf of Mexico in 2010 haveย claimedย exposure to oil and the dispersant has made them sick and still have not had their day in court. โ€œItโ€™s a crying damn shame weโ€™ve allowed this in America,โ€ย Honorรฉย said.

โ€œGuess who donโ€™t have their life back? The people who did the cleanup, the people who have to go home and get public assistance to stay alive, and itโ€™s had an impact on their family,โ€ Honorรฉ said on April 20 at a rally aimed at seeking justice for cleanupย workers.

Retired Lt. Gen Russel Honore, founder of GreenARMY
Retired Lt. Gen. Russel Honorรฉ at April 20 rally in Newย Orleans.

Honorรฉ joined cleanup workers and their supporters calling for federal judge Carl Barbier to reverse his decision to delay hearing remaining cases of cleanup workers indefinitely. They gathered before delivering a petition with 25,000 signatures seeking justice for the cleanupย workers.ย 

The petition states:ย โ€œThe Plaintiffย Steering Committee walked away with $700 million; the Claims Administrator, in charge of processing the first round of payments to victims, walked away with $155 million dollars.โ€ So far only $60 million has been paid โ€œto a small fraction of the injured people who helped in the cleanup or lived in the designatedย zones.โ€ย 

Jonathan Henderson, founder of environmental advocacy group, Vanishing Earth
Jonathan Henderson, an environmentalย advocate.

Jonathan Henderson, founder of Vanishing Earth,ย anย environmental watchdog organization, helped compile the numbersย cited in the petitionย from court filings and theย medical claims settlement administrator,ย Garretson Resolution Group Status Report.ย He saidย heย believes that justice delayed is justiceย denied. โ€œPeople end up dying. They give up hope and they stop fighting.ย Time is what wears people down,โ€ย Hendersonย said.

Judge Barbier, the federal judge handling BP oil spill-related cases, made a controversial ruling in 2014 thatย affectedย a cleanup workersโ€™ class actionย suit by siding with the oil company’sย interpretation of a medical settlement agreement. Barbier ruled that those spill workers who hadnโ€™t been diagnosed by a doctor before 2012 were notย entitled to settlement payments in the class actionย suit.ย 

Two recent scientific studies offered mounting evidenceย ofย the potential harms resulting from the oil dispersants, Corexit 9500 and Corexit 952,ย applied to break oil into smaller droplets during cleanup effortsย in the 2010ย spill.ย ย 

Aย studyย by the National Institute of Environmental Health Sciences found that BP oil spill workers exposedย toย either forms ofย Corexit were more likely to experience a range of health symptoms such as coughing or burning in the lungs, eyes, nose, orย throat.ย 

In addition, a study from the Uniformed Services University, a federal government-run medical and health sciences school in Maryland, found thatย almost 2,000 members of the U.S. Coast Guard reporting exposure to oil dispersants experienced negative health issues, including โ€œlung irritation, skin rash, nausea, vomiting, and diarrhea,โ€ more often than those who avoided dispersants or only had contact withย oil.ย 

I asked BP via email if the company would still use the same types of dispersant if there were another major oil spill but have not received a response. In the past the companyย has saidย the use of dispersants was approved by federal environmental agencies and the Coastย Guard.

Nalco Environmental Solutions, Corexitโ€™sย manufacturer,ย donates to political action committees, according to public documents listed by the Center for Responsive Politics. A report by theย center indicates thatย Nalco’s spending on lobbying the year of the spill increased dramatically. Payments in 2010 includedย $160,000 to Ogilvy Government Relations to lobby on Nalcoโ€™s behalf onย โ€œissues related to the use ofย Corexit in the Gulf of Mexico oilย spill.โ€

Honorรฉ likened the use of dispersant in the Gulf to the recent alleged chemical weapons attack in Syria and drew comparisons to the United Statesโ€™ response: โ€œWe were poised to start World War lll over what the Syrians did to their own people, but here, we still havenโ€™t held BPย accountable.โ€ย 

โ€œThese people are suffering from chemicals that our own government allowed a foreign company [BP] to put in our waters and poison our people,โ€ Honorรฉย said.

According to The (New Orleans) Times-Picayune: โ€œNearlyย oneย million gallons was dropped by air, and another 770,000 gallons was injected into the damaged wellhead about a mile under the water’s surface. It was the first time dispersants had been used onย a large scale and in proximity to people.โ€ The unknown impacts of this approach essentially turned the Gulf Coast into a giant petriย dish.

Capt. Joseph Brown describes his health impacts following work cleaning up the BP oil spill
Capt. Joseph Brown, BP oil spill cleanupย worker.

At the April 20 rally, Capt. Joseph Brown spoke of seawater mixed with oil and dispersant getting into his boots and on his legs while working on a boat laying containment boom to keep spilled oil away from Gulf wetlands. He says that not only did this work impact his health, but it sickenedย his wife too, whom he says was exposedย to the chemicals on his dirtyย clothes.

George Barisich, BP oil spill worker and Louisiana fisherman
George Barisich, fisherman who worked on the BP oil spillย cleanup.

Whenย George Barisich, a third-generation Louisiana commercial fisherman,ย found heย couldn’t fish after the spill,ย heย used his boat to assist in the cleanup effort. He said the oil and dispersant damaged his lung capacity and memory. He also asserted that not only did BP fail to inform workers of the potential hazards of Corexit, the company forbade workers from using respirators and threatened to fire workersย whoย complained.ย 

The U.S. Occupational Health and Safety Administration (OSHA) lays out standards and training for when oil spill cleanup workers should wear respiratory protection. In June 2010, a couple months into the spill, OSHA posted a worker education and training booklet that outlined how to deal with exposure to Corexit and other potential risks of oil spill cleanup. For Corexit, it recommended workers โ€œavoid prolonged breathing of vapors. Use with ventilation equal to unobstructed outdoors in moderate breeze,โ€ among otherย precautions.

Workers use absorbent boom on the BP oil spill in 2010
BP oil spill cleanup workers, without respirators, deal with oiled absorbant boomย inย 2010.

Cleanup worker in front of thick oil slick and boom in Gulf of Mexico
BP oil spill cleanup worker,ย without a respirator, at an oiled wetlandย inย 2010.

BP oil spill cleanup workers with oiled containment boom
BP oil spill workers with oiled boomย inย 2010.

Tiffany Odoms spoke on behalfย of her dead husband Alonzo Odoms, who also worked the oil spill cleanup response. Sheย describedย himย as aย healthy 45-year-old before the spill, who died two and a half years later after being diagnosed with multiple myeloma, a form of blood cancer. She has filed a wrongful deathย suit.ย 

Tiffany Odoms and her daughter at a rally supporting BP oil spill workers
Tiffany Odoms with her daughter at a rally on the BP oil spillย anniversary.

While thousands of people who took part in the BP spill cleanup have yet to haveย theirย cases heard in federal court, Secretary of the Interior Ryan Zinke proposedย openingย almost all of the nationโ€™s coastlines to offshore oil and gas drilling. In addition, Scott Angelle, director of the Interior Departmentโ€™s Bureau of Safety and Environmental Enforcement is rolling back key safety regulations put in place after the 2010 well blowout on the Deepwater Horizon rig to preventย anotherย such human and environmentalย disaster.ย ย 

Both officials have ties to the oil and gas industry. During his successful 2014 run for a Montana congressional seat, Zinkeโ€™s campaign received thousands of dollars from companies seeking oil and gas on publicย lands.

And the Department of Influence, a site the compiles information about the revolving door between special interest lobbyists and political appointees at theย Department of the Interior, found that Angelle raised nearly half a million dollars in donations from oil and gas companies in his threeย unsuccessful bids for elected office in Louisiana.ย Heย has also made about $1.5 million since 2012 as a board member of oil and gas pipeline company Sunoco Logistics Partners, while also sitting on the board of the Louisiana Public Service Commission, which regulates stateย utilities.

Honorรฉ, who founded the GreenArmy, a coalition of Louisiana-based environmental groups focused on fighting pollution, doesn’t mince words when it comes to regulatory capture. He often states thatย โ€œour democracy has been hijacked by the oil and gasย industry.โ€

During the April 20 rally, he placed blame on the Obama administration for what he says was letting BP off the hook so easily in the wake of the spill and faulted the Trump administration for what he described as its reckless proposals related to offshoreย drilling.ย 

Main image: Rally in front of the Federal Court in New Orleans on April 20, 2018.ย Credit: Julieย Dermansky

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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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