Two years after oil from a BP well began gushing into the Gulf of Mexico, the U.S. Department of Justice has filed criminal charges alleging that a former BP employee destroyed critical evidence in the early days of the unfolding disaster.

The charges are the first to be filed in what the Obama administration has called the worst environmental disaster in American history, and they are significant because they target an individual employee for his actions.

According to an affidavit and complaint filed Tuesday, April 24 in a Louisiana court, Kurt Mix, a former drilling and completions engineer, deleted email and text messages he had sent to senior BP managers estimating that the amount of oil spewing into the Gulf was many times greater than the amount stated publicly. Mix was specifically instructed by attorneys contracted by BP to retain his records before he deleted them, the affidavit states.

In a statement released to reporters, U.S. Attorney General Eric Holder indicated that more charges are likely, describing the indictment as “initial charges” in an ongoing investigation, and saying that the Department of Justice “will hold accountable those who violated the law.”

More than 200 million gallons of crude oil flowed into the Gulf of Mexico after a blowout caused the explosion of the Deepwater Horizon oil rig and the death of 11 workers on April 20, 2010. The spill continued, unabated, for nearly three months. Analysts have long expected criminal charges against BP or its employees.

A spokeswoman for the agency declined to say when more charges might be expected, or to explain why the case against Mix was the first to be made public.

Mix could not be reached for comment, and we were unable to leave him a message because his voicemail was full.

BP issued a statement saying that the company was cooperating with federal investigators and that “BP had clear policies requiring preservation of evidence in this case and has undertaken substantial and ongoing efforts to preserve evidence.”

According to an FBI affidavit submitted to the court along with the indictment, Mix, who worked for BP until January 2012, was directly involved in BP’s efforts to understand how much oil was flowing out of the broken Macondo well. On April 21, 2010, Mix estimated that between 68,000 and 138,000 barrels of oil were leaking each day — far more than the 5,000 barrels that were estimated publicly at the time.

On April 22, Mix received the first of six legal notices instructing him to retain his electronic records.

Yet, according to the affidavit, in early October, Mix allegedly deleted a string of more than 200 text messages on his iPhone that he had sent to a supervisor. The deleted texts, which the Department of Justice said were recovered forensically, included sensitive — and pessimistic — internal BP information sent while the company was attempting what it called a “Top Kill” effort to stop the gushing oil on May 26, 2010.

Mix wrote that the effort — which he was directly involved in — was unlikely to succeed. “Too much flowrate — over 15,000 and too large an orifice. Pumped over 12,800 bbl of mud today plus 5 separate bridging pills. Tired. Going home and getting ready for round three tomorrow.”

At the time, BP said publicly that the measure had a 70 percent chance of success.

Mix, 50, was arrested in Katy, Texas on April 24. If convicted, he faces a maximum penalty of 20 years in prison and a fine of up to $250,000 on each of the two counts he is charged with.

by Abrahm Lustgarten, ProPublica, April 24, 2012, 5:16 p.m.

Image Courtesy of   IBRRC

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The energy company CronocoPhillips and their Chinese section has not effectively stopped or cleaned up offshore spills in the Bohai Bay, according to China’s Oceanic Agency. The spills, which occurred on June 4 and June 17, releasing approximately 700 barrels of oil into Bohai Bay and 2,500 barrels of mineral oil-based drilling mud onto the seabed, have raised an outcry among environmentalists.

The State Oceanic Administration said its investigation discovered that the company had failed to completely clean up damage from the spills and to ensure leaks would not recur. The agency also ordered the company to halt all gas and oil production in the area off China’s eastern coast, until effective measures are taken to prevent further oil leaks as well as ensure that any remaining spills are completely removed.

It also called for a full environmental impact assessment before production can be resumed. CronocoPhillips said it was drawing up a compliance plan along with its partner in the Bohai Bay, China National Offshore Oil Corp (CNOOC). “Activities that are related to depressurizing the field will continue in a safe and environmentally responsible way,” it said in a statement released by CronocoPhillips at the beginning of September.

CronocoPhillips China holds a 49 percent stake in the venture in the Penglai 19-3 oil field, being its sole operator, with CNOOC holding 51 percent. Both companies have publicly apologized for the incident. Initially, CronocoPhillips reported that the spills have been entirely removed. The company also said the fault causing the leak was sealed and that the situation was basically under control.

Despite the companys reassuring statements, the State Oceanic Administration and the Chinese press clearly expressed its dissatisfaction towards the manner in which the oil giant has handled the problem. The People’s Daily severely criticized the company, saying that CronocoPhillips issued misleading statements over the spills while displaying “indifference” over the harm caused to the environment.

According to the publication, CronocoPhillips strove more to protect its image and did not put enough effort into safeguarding the environment after the spill was made public in early June. “There is a sharp contrast between the company’s sensitivity regarding its image and its indifference to the pollution,” People’s Daily commentator Jiang Hongbing said in unambiguous terms.

“After repeated delays and a series of cover-ups and deceptions, production at the Penglai 19-3 oil field has finally been ordered to stop.” The government also says that the spills spread up to 5,5000 square kilometers(2,124 miles) and may have killed scallops.

CronocoPhillips declared that damage to the marine environment was minimized and that oil traces discovered onshore were not related to the spills but were from fuel in the water. The comments made by the oceanic administration at the beginning of September suggest a clash of opinions over how to handle the seeps.

It is believed that pressure had built up underground due to injections used to help force oil from the wells. The notice issued by China’s Oceanic Agency ordered CronocoPhillips to accept CNOOC’S “strict supervision” in preventing further spills and recently has also threatened to sue the company.

Environmental groups complained about the slow pace of the cleaning operations, while fishermen in Shandong, Hebei and Liaoning provinces claim that oil has killed off most marine life. Another consequence of the incident was a drop in CNOOC’s shares in early September, which fell 8.8 percent in Hong Kong.
Lorraine Kourafas / Shutterstock.com

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A federal judge on Thursday ruled in favor of Transocean and BP oil, dismissing third-party environmental claims in the Deepwater Horizon oil spill litigation. The judge claimed that the fact that the oil flow has stopped makes those lawsuits irrelevant.

“The injunction at this stage would be useless, as not only is there no ongoing release from the well, but there is also no viable offshore facility from which any release could possibly occur,” U.S. District Judge Carl Barbier wrote. “The Macondo well is dead, and what remains of the Deepwater Horizon vessel is on the ocean floor, where it capsized and sank in 5,000 feet of water.

“Moreover, BP and the agencies comprising the Unified Area Command have been and are cleaning up the Gulf of Mexico. An injury is not redressable by a citizen suit when the injury is already being addressed.”

Federal Judge Barbier is overseeing the massive, consolidated oil spill litigation, which has been divided into “bundles,” based upon the nature of the claims. The D1 bundles were lawsuits filed by third part environmental groups. D1 bundle alleges that the spill caused environmental damages under the Clean Water Act; the Endangered Species Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Emergency Planning and Community Right-To-Know Act.

More than 100,000 people have filed lawsuits related to the massive deepwater oil spill. Transocean’s Deepwater Horizon drilling rig, operated by BP, exploded and burned 50 miles off the Louisiana coast on April 20, 2010, killing 11 and setting off the worst oil spill in history. Millions of gallons of oil were spilled in the next 87 days.

Judge Barbier claims that the plaintiffs must prove ongoing violations, which it cannot because the oil is no longer spilling.  ”The fundamental argument is that this is all moot because the well is sealed,” Barbier said.

During the hearing, Ervin Gonzales, of the plaintiff steering committee, said the cleanup has not been adequate and “the environment is suffering.”  Greg Buppert, an attorney for Defenders of Wildlife, told Barbier at the hearing that “the Endangered Species Act is not linked to the well spill; it is linked to the take of species.”

In response, Barbier cited the federal government’s investigation of the spill. Federal attorneys have said that criminal charges will be filed if the investigation turns up evidence of willful negligence by the defendants.  Because of the continuing investigation, the government has tried to keep certain issues undercover. For instance, autopsy results of the hundreds of dead baby dolphins that have washed up along the Gulf Coast have been kept private, and independent scientists have not been allowed to conduct their own autopsies.

Image Courtesy of  http://www.flickr.com/photos/derek_b/

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