Southeast Louisiana Flood Protection Authority – East Presentation to CPRA January 15, 2014
Three Points Today I. SLFPA-E’s lawsuit is based upon sound science and undisputed fact. II. We address Mr. Graves’s criticisms of the lawsuit. III.SLFPA-E’s lawsuit will bridge funding gaps in coastal restoration and hold the oil & gas industry responsible for the harm it caused. 2
Background
The Southeast Louisiana Flood Protection Authority - East SLFPA-E’s Mission “[T]he protection of the entire territory of the authority from overflow.” La. Rev. Stat. § 38:330.2(G).
The Buffer Zone
The Importance of the Buffer Zone “Barrier arrier is islan ands ds, mars marshes es, an and swamps amps throug hroughou hout our our coas coast red reduce uce incom incoming ing stor torm surg urge, e, he helping lping to to reduce red uce floo lood imp impacts acts. If we continue to lose these habitats, the vulnerability of communities, nationally important to navigation routes, and energy infrastructure will increase substantially. In addition, our our flood lood protec pr otection tion system tems wil ill beco become me mor more vulnerab lnerable le as as the the lan and aroun around them them erodes odes.” 6
The Buffer Zone Delacroix
Land Loss in Delacroix
Delacroix 1956
Delacroix 1965 Canal dredged 1961
Delacroix 1972 Canal dredged 1971
Delacroix 1989 Canal dredged 1983
Delacroix 2008 Murphy Oil Devon Energy
Delacroix 2008 Devon on Energy Permit 1983 – Well abandon doned ed 1994 “Upon abandonment of the well location, the spoil banks around the herein permitted canal shall be degraded to marsh level. The dredg dged ed material shall be returned ed to the canal or spread adjacen ent to existing marsh in open water areas to an elevation not more than 1 ’ above that of adjacent marsh in an effort to crea eate marsh and encou ourage veget etation on.” Murphy Oil Devon Energy “Upon abandonment of the well location the herein permitted canal shall be plugged with an earthen dam not less than 3 ’ MSL and topped with a 6 ” shell cap.” CZMA Regulation ons (1980) “Mineral exploration and production sites shall be cleared, revegetated , detoxified, and … restored as near as practicable to their original condition upon termination of operations to the maximum extent practicable.” LAC 43:I.719(M).
Delacroix 2008 Murphy Oil Devon Energy
Delacroix 2008 Devon Energy Murphy Oil
Delacroix 2008 Devon Energy Murphy Oil
Delacroix Murphy Oil Devon Energy Rig Access Canals Bayou Terre aux Boeufs
1956 - 2008
The Big Question: “So, why are we losing land? What’s going on here?” - Garret Graves, presentation to SLFPA-E, Dec. 19, 2013. 20
The Plain Answer: Oil and gas industry activities . 21
I. CPRA’s Lawsuit is Based on Sound Science and Undisputed Fact.
Studies Conclude that Oil & Gas Activities Contributed to Coastal Loss L. St. Amant, 1971 Louisiana Geological Survey, 1987 US Bureau of Land Management, 1972 Mineral Management Service, 1987 US Army Corps of Engineers (S.M. US Fish and Wildlife Service, 1987 Gagliano), 1973 Americ ican an Petro roleum Instit itute, 1988 US Army Corps of Engineers, 1973 LA Dept of Natural Resources/US Fish and US Environmental Protection Agency, 1976 Wildlife Service, 1988 D.W. Davis, 1976 Minerals Management Service, 1989 N.J. Craig et al., 1979 Penland et al., 1990 National Oceanic and Atmospheric Louisiana Geological Survey, 1991 Administration, 1980 US Environmental Protection Agency, 1992 Fruge, 1981 US Department of the Interior, 1994 Johnson & Gosselink, 1982 Penland et al., 1996 US Fish and Wildlife Service, 1983 US Environmental Protection Agency, 1997 US Geological Survey, 1983 US Geological Survey, 2001 R.E. Turner et al., 1984 US Geological Survey, 2004 Louis isian ana Mid-Contin inent Oil and Gas US Army Corps of Engineers, 2004 Associat ciatio ion, 1985 Louisiana Sea Grant, 2008 Minerals Management Service, 1985 LACPR, USACE, 2009 LSU Center for Wetland Resources, 1985 Minerals Management Service, 2009 Gulf Coast Ecosystem Restoration Task Force, 2011
Shell’s Former Chief Offshore Engineer Agrees Robert Glenn Bea • Former chief offshore engineer for Shell Oil Co. • Head of the National Science Foundation study team on Hurricane Katrina • 2006 Affidavit prepared for the State of Louisiana • 24
Shell’s Former Chief Offshore Engineer Agrees Robert Glenn Bea “There is clear evidence that pas ast an and cu curr rrent ent oil oil and nd • Former chief offshore engineer for Shell Oil Co. gas as activ activit ities ies ha have made made and nd contin continue ue to to mak ake • sub ubstant tantial ial contribu contr ibutions ions to to degradati deg radations ons in the Head of the National Science Foundation study team on Hurricane Katrina • natural defenses against hurricane surges and waves 2006 Affidavit prepared for the State of Louisiana • in coastal Louisiana. . . . All of these works and activities have contr contribu buted ted sig ignif nificantly icantly to to the the los loss of of na natural tural def efens enses es such ch as as ba barr rrier ier bea beaches ches, wetlands etlands, an and mars marshes hes. In several important cases, it was the los oss of the these na natural tural def defen enses es that that cont contributed ributed to to the the unan un anticip icipated ated breac breaches hes of of flood lood prot rotect ection on facili acilities ties that protected the greater New Orleans area during hurricane Katrina and led to repeated flooding during hurricane Rita.” 25
Bea Affidavi vit: “. . . It was the loss of these natural defenses that contributed to the un unan anticip icipated ated breache breaches of of flood lood pr protec otection tion faci acilit lities ies tha hat pr prote otect cted ed the the greater reater New New Orleans rleans area area during hurricane Katrina and led to repeated flooding during hurricane Rita.” SLFPA-E’s Mission: “[T]he protection of the entire territory of the authority from ove verflow.” La. Rev. Stat. § 38:330.2(G). 26
One Result of Overflow – August 2005 27
Mr. Graves Agrees “No one is saying that historic oil and gas activities did not leave scars,” Graves said. Jindal demands East Bank levee authority drop lawsuit against oil, gas, pipelines , Mark Schleifstein, www.nola.com, July 24, 2013. 28
Mr. Graves Agrees Again “The debate here is not about whether or not historic oil and gas activities in the coastal zone contributed to wetlands loss. Th The scars are there.” -Letter, Garret Graves to Timothy P. Doody, July 26, 2013. 29
Mr. Graves Agrees Yet Again “As I noted earlier, the historic energy production and activity that date back into the early 1900s, they contributed to land loss. Whe hethe ther it it’s the he pip ipeli eline ne can anals als, the he access ccess can anals als, the the ext xtra raction tion, they hey contrib ibut uted ed.” -Garret Graves, Testimony at Joint Transportation Committee hearing, Aug. 14, 2013. 30
Mr. Graves Agrees Once More “I will be the first one to admit, the here’s liabil ilit ity the there,” Graves said. “I’m not an apologist for the oil and gas industry, I’ll be the first to tell you that.” -Jeff Adelson, Maneuvering for Levee Board seats begins amid lawsuit controversy , T HE A DVOCATE , Sept. 16, 2013. 31
CPRA Agrees, Too 32
33
August st 7, 2013 13 WHAT’S ’S CAUSIN ING THE CRIS ISIS? IS? 34
August st 7, 2013 13 “Canal dre dredg dgin ing has ha had one ne of the he most dramatic dr ic effe fects ts on wetla tland nd growth and nd regene neratio tion. In addition to directly des destr troyin ing marshe hes in the path of the canal, the plants are unable to recolonize, and thus the marsh is unable to regenerate itself. Once canals are dredged, most grow larger as the sustainable areas of marsh subsequently decrease.” 35
August st 7, 2013 13 “IND NDUSTR USTRIAL IAL NEG NEGLIG IGENCE ENCE: ... and in the early to mid-20th century, oil and gas exploration activities incr ncrease sed the he dredg dging ng of canals als.” 36
August st 7, 2013 13 “As the century continued, oil and gas became prominent economic drivers and critical resources for our nation. Access to these was provided by navi aviga gation tion can canals als and nd pip ipeli elines nes whi hich ch cris risscros scrossed sed Sou outh th Louis Lou isiana ana marsh arshes es. Unfortunately, in the process the coastal marshes were lost when spoil banks were left randomly throughout the area, dis isas astrousl trously alter lterin ing the the natural hydrol rology ogy of the region on.” 37
Delacroix Murphy Oil Devon Energy Rig Access Canals Bayou Terre aux Boeufs “. . .disastrously altering the natural hydrology . . . .”
1956 - 2008
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