First the two sides argued about the extent of the oil and gas industry's responsibility for loss of Louisiana's wetlands and erosion of its coastline, and whether the industry should pay for repairing the damage. Then they argued about the legality and wisdom of a local levee board's lawsuit seeking to force scores of oil and gas companies to spend...
First the two sides argued about the extent of the oil and gas industry's responsibility for loss of Louisiana's wetlands and erosion of its coastline, and whether the industry should pay for repairing the damage.
Then they argued about the legality and wisdom of a local levee board's lawsuit seeking to force scores of oil and gas companies to spend billions to help restore the wetlands and rebuild the coastline.
Now the two sides are arguing about whether state Attorney General Buddy Caldwell acted illegally in authorizing the Southeast Louisiana Flood Protection Authority-East to file the suit and hire special outside attorneys to handle it.
The Louisiana Oil and Gas Association, to no one's surprise, thinks Caldwell was wrong in OKing the suit, which has been strongly attacked by Gov. Bobby Jindal and his administration. The association has sent Caldwell a letter warning that if he does not reverse his earlier action, it will go to court to try to get him overruled.
The letter, by Lafayette attorney Robert Mahtook Jr., cites a number of reasons why LOGA says Caldwell's office was wrong in saying the authority could file its suit.
First, the letter contends, only the attorney general's office is legally authorized to represent the flood protection authority. But if the authority can hire its own counsel, the letter goes on, it must show a "real necessity" for such a move and must "state fully the reasons for the action and the compensation to be paid" -- none of which the authority did, LOGA alleges.
Finally, the association claims, the lawsuit, by trying to direct how any money received from the oil and gas companies would be spent, amounts to "an unconstitutional diversion and appropriation of state funds and usurpation of legislative power."
Mahtook's letter says that if Caldwell does not reverse his office's earlier approval of the flood authority's lawsuit, LOGA will ask a court to overturn his action. The letter sets no deadline.
The letter and threatened lawsuit can be found at http://loga.la/resources/southeast-flood-protection-authority-lawsuit/
Caldwell's office said it is reviewing the association's letter and threatened lawsuit and would have no immediate comment.
Meanwhile, John Barry, vice president of the flood protection authority and the most prominent defender of its lawsuit, issued a statement saying the authority "is confident it has complied with every aspect of Louisiana law at each step in this process."
Barry devoted most of his statement, however, to attacking a message LOGA President Don Briggs sent to his board of directors in announcing the threatened lawsuit. Briggs wrote: "LOGA is making every effort to assist our membership in bringing a swift end to the lawsuit, including legal actions, political pressure and bringing awareness of the issue to our members, elected officials and the public."
In his response, Barry charged that Briggs was ignoring the substance of the lawsuit and refusing to address the issue of industry's role in the destruction of the coast. He also wrote that "much of LOGA's planned response to this lawsuit is nothing less than an attack on the competence and judgment of Attorney General Buddy Caldwell."
There is a certain irony in Barry's defense of the attorney general. Two weeks ago, Caldwell's office issued a news release "rebuking" Barry for what it said were "totally untrue" statements. Barry allegedly had said that Allan Kanner, the attorney general's trial counsel in a lawsuit seeking damages from BP for the Deepwater Horizon oil spill, had said the flood protection authority's lawsuit would not harm the state's chances in the BP litigation. Kanner had made no such statements, the release said. "It never happened."