Could federal regulators and lawyers been more aggressive with this oil company they found blatantly dumping petroleum and chemicals into the Gulf of Mexico?
Sure looks like it.
The government promised to crack down on environmental crimes in the
wake of the devastating BP oil spill in 2010. And at first, it appeared
to be fulfilling that pledge. The fines against BP set the record as the
largest criminal penalty in U.S. history: $4.5 billion.
But since
then, the federal government has eased the pressure. Congress failed to
put into effect the tougher offshore oil and gas production regulations
that were recommended after the BP spill; a ballyhooed training center
for government inspectors was scrapped; the Interior Department’s
environmental enforcement division was understaffed and couldn’t perform
its basic oversight duties; and when companies were caught violating
environmental laws, prosecutors were unwilling to reward whistleblowers.
Still,
there was reason to believe the government would be more aggressive
with Howington’s case. Rarely have the authorities had so much to work
with as they did with his video evidence.
Howington and Servos
brought the feds copies of crystal-clear video showing chemicals and
what looked like oil gushing out of a pipe 1,500 feet below the surface
of the Gulf on April 1, 2014. It was recorded by a camera mounted on a
remotely operated vehicle, an unmanned submarine Howington and other rig
workers controlled from a floating oil rig.
Hey at least they prosecuted somebody! You millenials are so spoiled. Do you even remember how
this kind of federal oversight used to work?
The
report says that eight officials in the royalty program accepted gifts
from energy companies whose value exceeded limits set by ethics rules —
including golf, ski and paintball outings; meals and drinks; and tickets
to a Toby Keith concert, a Houston Texans football game and a Colorado
Rockies baseball game.
The
investigation also concluded that several of the officials “frequently
consumed alcohol at industry functions, had used cocaine and marijuana,
and had sexual relationships with oil and gas company representatives.”
The
investigation separately found that the program’s manager mixed
official and personal business. In sometimes lurid detail, the report
also accuses him of having intimate relations with two subordinates, one
of whom regularly sold him cocaine.
The
culture of the organization “appeared to be devoid of both the ethical
standards and internal controls sufficient to protect the integrity of
this vital revenue-producing program,” one report said.
The
director of the Minerals Management Service, Randall Luthi, said in a
conference call with reporters that the officials implicated in the
reports had violated the public’s trust.
So just be happy with what you get now.
Ken Polite says it's good enough for him.
In a letter to the court, Maestri stood by the decision to charge
Walter Oil & Gas for failing to report the discharge, noting that
the fine for that felony is larger than the one for an intentional
discharge.
The U.S attorney in New Orleans, Kenneth Polite, stood
by Maestri’s handling of the case. He said he couldn’t comment in detail
about Howington’s allegations because his claim against Maestri is
still pending with the Justice Department in Washington.
“I can
state confidently, however, that Walter Oil pled guilty to an
environmental criminal charge appropriate to the facts and evidence,”
Polite said. “Further, our office timely responded to the questions and
concerns of Mr. Howington's counsel. Ultimately, I expect Mr.
Howington's claim to be denied.”
In other words, the whistleblower doesn't get the $6 million he might have been entitled to. That sucks for him, of course. It's also not great for changing future behavior among rig operators. We're pretty sure we'll see a no cell phones policy instituted pretty soon. That ought to keep this from happening again, at least.