John Barry explains the SLFPA-E's lawsuit in this Lens op-ed.
Our case is based on the fact that we are forced to maintain and possibly build more elaborate flood protection defenses because of land loss. The industry’s failure to comply with permits — its failure to do what they voluntarily agreed to do and to obey the law in exchange for taking hundreds of billions of dollars out of the state — has destroyed land.There's much more. Read and share with your closest 500 friends.
That land loss means there’s no buffer to block storm surge, and that sends more water pounding against our levees. As the saying goes, the levees protect the people, and the land protects the levees.
The land is disappearing so fast that by 2100, if nothing is done New Orleans will be basically an island. The levees will be beach-front property. Much of the rest of the Louisiana coast will simply cease to exist.
Louisiana law also embodies a concept going back to the Romans called “servitude of drain.” This prohibits one party from increasing the natural flow of water from its property onto another’s. The destruction of land is sending more storm surge pounding against our levees.
We believe the oil and gas industry violated the law, and these violations have endangered the people we are responsible to protect.
Our suit does not ask that the industry restore the entire coast. But they must restore the part of the coast they destroyed. They must fix the part of the problem which they created. That’s all we want: Fix the part they broke.
By the way, "Servitude of Drain" was probably the best Pantera album. Pity, Gambit didn't ask Phil Anselmo about it in this interview.