KINDER MORGAN FINALLY FINED
PAUL & SUGERMAN, PC.
http://www.pspc.com/2008/04/kinder-morgan-finally-fined
This news article seems so appropriate for an Earth Day item. The U.S. Attorney in Oregon announced a major victory in a case against a tenant of our own local port. That’s right. The port, a public body, leases a portion of the Port of Portland to a company called Kinder Morgan.
Kinder Morgan imports and exports stuff. Tons of stuff. Stuff that gets in the river but should go to toxic waste dumps. Stuff that accumlates in piles. Stuff like potassium chloride or potash.
Ships hold a lot of this fluffy stuff. Rail car loads full of stuff disappear into these ships. As the ships go down the river, and out to sea, there is a problem if the stuff is spilled into the ocean. There is also a bigger problem if it is intentionally piled on deck and washed overboard.
Well, it ends up one heroic long shoreman in town got tired of seeing the stuff mishandled. In at least one case (that we know of at this time) Kinder Morgan personnel allegedly piled stuff on the deck, not in the holds. Then, when the ship got down the river, the crew simply washed the potash off as the ship entered the sea. At least that is what the U.S. Attorney felt it could prove.
There were witnesses. There was proof. The charges accused the company of violating laws prohibiting ocean dumping. So much proof that the company actually pled guilty!
Now they must pay a little bit. The total fine… $240,000.
Oh and in the interest of full disclosure, I previously filed and settled a federal case on behalf of the Oregon Center for Environmental Health that accused the same folks, Kinder Morgan, of violations of the Clean Water Act. To settle that case we required that Kinder Morgan achieve dramatic reductions of the emissions of soda ash from the facility at Terminal 4 here in Portland. That made my clients feel that we accomplished something for the environmental protection of our neighbors in North Portland and elsewhere.
Here is a link to the little story in the paper. link
Next time you think no one is looking, remember folks like longshoreworkers have eyes. And they know whom to call.
Earth day is just a little sweeter this year. Hope you enjoy it.
David Paul
PAUL & SUGERMAN, PC.
Tags: dumping, environment, ocean, toxic
2 Responses to “KINDER MORGAN FINALLY FINED”
1. Jerry Cressa Says:
April 25th, 2008 at 7:24 pm
This week Kinder Morgan agreed to plead guilty to felonious ocean
dumping 5 years ago by paying a $240,000 fine to the USDOJ. But the
settlement contained no exposure of the attempts to cover up essential
elements that would incriminate others who were involved in the case.
The agreement between Kinder Morgan and the government pins the felony
on one unidentified KM employee, which strains credulity when
considering the number of longshoremen, river pilots, tugboat operators,
and other terminal employees who facilitated this load of potash to be
shipped downriver and out to sea. As the whistleblower who brought this
to the EPA’s attention, I can attest to the fact that everyone
remained silent for months. The corporate, government and union
officials involved actively tried to cover it up for 5 years. And its
final conclusion is just more of the same, when a fine can buy silence,
not true exposure to correct not only corporate practices but also union
and government practices as well. This case shows that it will remain
business as usual on the waterfront, and the integrity at our ports can
be bought with a fat checkbook. For more information about this case
please contact Senator Wyden’s office in Washington, D.C.
Jerry Cressa
http://www.oregonlive.com/business/oregonian/index.ssf?/base/business/12...
http://wweek.com/columns/murmurs/#34.24
http://wweek.com/editorial/3340/9395/
