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Archive for May, 2014

While Gov. Bobby Jindal continues to flit around the country like a hummingbird on amphetamines, he apparently can be secure in the knowledge that his lackeys in the Louisiana Legislature will have his back in protecting the 97 oil companies that have done so much damage to Louisiana’s coastline and marshlands.

And at least one legislator has been cited for illegal dumping in another state even as he votes to ensure the oil companies may continue to destroy our wetlands with impunity.

The Southeast Louisiana Flood Protection Authority-East’s (SFLPA-E) filed its landmark lawsuit nearly a year ago and the politicians who feed on the mother’s milk called oil and gas immediately closed ranks behind the companies that have destroyed the marshes and in so doing, left the entire Louisiana coastline, from Buras to Lake Charles—and New Orleans—vulnerable to more tragic hurricane destruction like that inflicted by 2005’s Katrina and Rita.

Sen. Robert Adley, R-Benton, who has benefitted from a minimum of $70,500 in oil and gas contributions and armed with predictable righteous indignation, came to the rescue like the Lone Ranger, complete with the silver bullets of anti-lawsuit legislation. He was followed in quick succession by a flood of similar bills from other shameless oil money-dependent lawmakers—the protectors of Louisiana’s citizenry from the bad old lawsuits and greedy lawyers, all following the lead of Jindal who condemned the litigation as if it were an attack on motherhood itself.

One of those bills, SB 469, by Sen. Bret Allain, R-Franklin, was authored by our old friend Jimmy Faircloth. Allain was recipient of at least $6,800 in oil money, his campaign records show. The bill, co-sponsored by Adley, zipped through the Senate by a 24-13 margin with two absentees.

SB 469 “provides that no state or local governmental entity may have, nor may pursue, any right or cause of action arising from any activity subject to permitting under present law or certain federal statutes in the coastal area, or arising from or related in any use as defined by present law, regardless of the date such use or activity occurred.”

In plain English, which most of the great unwashed employ in our everyday communications, the bill simply prohibits any entity like SFLPA-E from attempting to hold oil companies accountable through litigation for the destruction they have unleashed with careless abandon on our coastline and marshlands.

But here’s the real kicker: The bill was amended by the House Committee on Natural Resources to make that prohibition retroactive, thus in effect, killing the SFLPA-E attempt to hold the companies legally responsible for cleaning up the mess they created. As the Church Lady from Saturday Night Live was fond of saying, “How convenient.”

How’s that for giving a kid your credit card in a toy store?

So, what makes the committee vote on the amendment so different from any other backroom deal by lawmakers to protect not their constituents but the ones who bankroll their election campaigns?

For starters, we have the chairman of the House Committee on Natural Resources, one Gordon Dove (R-Houma), who voted in favor of the amendment.

gordon dove

(CLICK TO VIEW IMAGE)

Dove, who has been the recipient of at least $10,500 in oil and gas campaign money since 2005, just happens to own a trucking company that was cited last month for dumping radioactive waste in the state of Montana.

http://m.missoulian.com/news/state-and-regional/company-suspected-of-dumping-radioactive-waste-in-montana-ordered-to/article_e63b89ac-cdc2-11e3-b909-0019bb2963f4.html?mobile_touch=true

Dual Trucking and Transport of Houma has been ordered by the Montana Department of Environmental Quality to cease all operations near the Bakken community of Bainville after it was determined that the company was believed to have illegally dumped radioactive oilfield waste in an Eastern Montana landfill over a two-year period.

The Montana Secretary of State listed Dove and Tony Alford of Houma, president of the Terrebonne Levee and Conservation District Board, as principals in the Montana trucking company. Another Montana company, KJK Trucking, lists Dove’s daughter, Jackie Elizabeth Dove (Sye), as its registered agent.

The Montana DEQ said the waste site is only a couple hundred yards upwind from a housing development and is located in a sandy-soiled region where the water table is sufficient high to produce wetlands.

That sounds vaguely familiar. Oh, wait. It was only five months ago that Plaquemine Parish accused BP and Chevron in a federal lawsuit of dumping toxic waste—some of it radioactive—from their drilling operations into the parish’s coastal waters.

Dual was issued a warning nearly two years ago, in September of 2012, to cease operations until it was licensed by DEQ’s Solid Waste Program and the company did begin the permit process but subsequently refused the state’s requests for additional information, saying it was no longer processing oilfield waste and did not require a permit.

But in April of this year, DEQ again inspected the site and found that Dual was still hauling the oilfield waste without a permit.

The Montana regulatory action arose from growing reports of illegally disposed of waste from the Bakken shale oilfield in nearby North Dakota. Garbage bags full of the oilfield sock filters were also discovered in an abandoned North Dakota gas station and on a flatbed trailer near a landfill in that state. Neither of the North Dakota sites has been tied to Dove’s trucking company.

The citation issued to the chairman of the Louisiana Committee on Natural Resources by the State of Montana apparently has no relevance when it comes to the all-important duty of our elected officials to protect the very ones who are destroying our coastline.

But it does raise another important issue.

Gordon Dove is merely symptomatic of a much larger problem in Louisiana and that is one of trust.

For our part, we find it impossible to place any degree of confidence in those who would go against the best interests of our state in favor of prostituting themselves to political benefactors while at the same time flaunting environmental laws in another state and in effect, flipping off the citizens of both states.

The Louisiana official motto “Union, Justice and Confidence” has become a cruel hoax perpetrated on the citizens of Louisiana and Bobby Jindal and Gordon Dove are right out front as the primary proponents. There is no justice nor is there confidence. There is, of course, ample evidence of the unholy union between the big oil donors and those who took oaths to protect the interests of this state.

Public Service Commissioner Foster Campbell (D-Elm Grove) made two important points during an appearance on the Jim Engster Show on Louisiana Public Radio several months ago:

  • As a member of the legislature, he supported former Republican Gov. Dave Treen’s unsuccessful efforts to pass the Coastal Wetlands Environmental Levy (CWEL)—a tax on the transportation of oil and gas through the state’s coastal wetlands;
  • If someone drives his car through your fence, destroys your lawn and a storage building, you would justifiably expect that person or his insurance company to pay for those damages.

But apparently that’s just not the case in Louisiana.

The amended version of SB 469 is scheduled for floor debate in the full House tomorrow (May 29). If you wish to email your legislator, you don’t have much time.

Here are the links to both the House and Senate:

http://house.louisiana.gov/H_Reps/H_Reps_ByName.asp

http://senate.legis.louisiana.gov/Senators/Default.asp

(Click on legislator’s name to access email address and House or Senate phone number.)

Next from LouisianaVoice: a complete list of oil and gas company contributions to all members of the House Committee on Natural Resources and the full Senate.

 

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Alvarez & Marsal, Gov. Bobby Jindal’s favorite consulting firm, has submitted invoices totaling more than $2.1 million thus far, accounting for a tad more than the firm’s $5 million contract to ferret out $500 million in savings to the state, according to documents provided by the Division of Administration.

And so far, all taxpayers have to show for that is a 2 ½ page preliminary report provided to legislators earlier this month recommended $74 million in spending cuts, some of which have already been rejected by the administration.

A&M’s invoices included an $80,000 charge for an assessment of the Office of Group Benefits (OGB) conducted in December at the specific request of Commissioner of Administration Kristy Nichols.

But…but…but didn’t the administration conduct a full blown assessment of OGB before it made that decision to privatize the agency a couple of years ago? Is this administration determined to study and consult this state into financial oblivion?

And speaking of OGB, that $500 million reserve fund it had when Jindal came up with the bright idea of privatization—an economy move, he said; it would save the state gazillions—has shrunk like hemorrhoids in a Preparation H commercial and both the Legislative Fiscal office and the Legislative Auditor’s office are projecting an end of year balance of only $55 million or so.

And Jindal’s ploy of reducing premiums—the by-product of that action being that it would also reduce the state’s portion of premiums by 9 percent, freeing up money Jindal would use to patch yet another state budget—has now done a 180 with the word going out this week that premiums for state employees and retirees and their dependents will be increased by 5 percent, effective July 1.

Talk about your voodoo economics…

So why blow $80,000 to conduct the OGB “assessment when the Legislative Fiscal office and/or the Legislative Auditor’s office would probably have performed the same service for free.

Wait…they did already.

Yep, both conducted their own separate assessment and came up with remarkably similar numbers for the anticipated reserve fund reduction by the end of 2014. The picture isn’t pretty and no consultant’s study is going to change that.

Legislative Auditor Daryl Purpera said the reserve fund is currently being reduced by about $17 million a month and even with the 5 percent premium increased announced by the administration, the drawdown will be reduced by less than half—$7 million, leaving the monthly deficit at $10 million a month.

Nichols, in typical fashion, continues to spout the party line, assuring us that everything is peachy and the fund is in no danger of going broke. So now with this prediction coupled with previous pronouncements, we now know her to be a legal authority, an economist, an actuary and a wellness expert. Given her track record, we should be worried, very worried.

But we digress. Back to those A&M invoices and the firm’s recommendations.

In case there may be those whose memories are short, A&M is the same firm that Jindal hired last year to come up with his brainstorm of eliminating state income taxes, a plan that crashed and burned before ever lifting off.

It’s also the same firm that advised the Orleans Parish School Board to fire 7,500 teachers after Hurricane Katrina, an action that prompted a class action lawsuit which in return produced a judgment in favor of the teachers that could end up costing the state $1.5 billion.

So, what did that 2 ½ page preliminary report contain? Oh, great things, like requiring women on Medicaid to use midwives or doulas for delivery (these would be women who often go without prenatal care), finding jobs for prison inmates, cutting the thickness of asphalt in future highway overlays, and cutting back hours of operation for the Cameron Parish ferry.

It didn’t take Jindal long to cave to pressure to keep the ferry open.

Scratch that big savings.

Then Jindal decided against a plan not part of the A&M recommendations, that of closing 18 motor vehicle offices throughout Louisiana.

Out with that savings plan.

Now, having already been paid 40 percent of its contract amount, A&M still has not submitted the overall plan for saving $500 million—a plan originally given the deadline of April 30 but extended to the end of May.

That gives A&M three days to come up with an additional $426 million in savings.

Could it be that the one-month extension was timed to have A&M submit its savings plan only hours before the legislature adjourns on Monday, thus giving lawmakers no opportunity to review the plan or to offer any input of their own?

With this governor, stranger things have happened.

 

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“We’re taking money away from the disabled community and giving it to motor sports?”

—State Sen. Dan Claitor (R-Baton Rouge), questioning the transfer of $4.5 million for the developmentally disabled to fund repairs to an auto race track in Jefferson Parish.

“The answer to your question, Sen. Claitor, is ‘yes.’ All right, any other questions?”

—State Sen. Jack Donahue (R-Mandeville), chairman of the Senate Finance Committee, in his response to shut down discussion of the move and to silence Claitor.

 

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The best thing about blogging is that we are not bound by the constraints of pseudo-objectivity as are the reporters for your local daily. Every post for us is an op-ed piece in which we are free to express our disgust with or enthusiasm for people and events.

At this stage of the 2014 legislative session in Baton Rouge, we tend to get a little confused so excuse us if we can’t quite remember if it was Billy Wayne Shakespeare or Forrest Gump who said, “Stupid is as stupid does.” Despite the rapid onset of CRS Syndrome, we have no trouble or hesitancy in calling something—or someone—stupid if that is the way we perceive it.

And sometimes we are willing to go a step further in injecting words like “corruption,” “duplicity,” “sleaze” (we especially like that one), or even “malfeasance.”

And so it is that after receiving a heads-up from our friend and fellow blogger C.B. Forgotston, we employ each of these adjectives in describing the actions of the Senate Finance Committee on Sunday after 10 of its 11 members (Sen. Dan Claitor was the lone member to cling to his principles) discarded their oaths of office—their sworn duty to protect the interests of the people of Louisiana—in favor of political expedience of the very lowest sort by ripping $4.5 million from the budget for Louisiana’s developmentally disabled and allocating the money for a Verizon IndyCar Series race at the NOLA Motorsports Park in Jefferson Parish.

It’s bad enough that this state, thanks to the idiotic fiscal foolishness of Gov. Bobby Jindal, is so deep into the financial dumpster but still places a priority to lavishing millions of dollars on things like something called an IndyCar Series race, but to take that money from developmentally disabled citizens who so desperately need state services just to survive is nothing short of criminal.

Jindal, while traipsing all over the country with his goofy grin, rejects expansion of Medicaid that might alleviate some of the suffering, and after vetoing last year’s appropriation of extra funding to help shorten the waiting list for services for the developmentally disabled, now displays the sheer callousness, or stupidity, of committing to find the money for facility and track improvements. http://www.auctioneer-la.org/Disable_to_Racetrack.mp3

That’s correct. He made a commitment to the owners of the facility to drop $4.5 million on them. And who benefits from this largesse? The state? Teachers? Health care? State employees?

You can check those boxes no, no, no and no. A privately owned auto racetrack would be the correct answer.

Our first impulse was to plunge into the campaign contributions of campaign fund abuse poster boy Republican Sen. John Alario of Westwego in Jefferson Parish, president of the Senate. The whole deal just had that smell to it.

But, no, that was not the connection. His contributions from the principals were negligible in the overall scheme of things—something in the area of $3,500. That’s not enough to pay for one of Alario’s legendary meals at a fancy New Orleans eatery or to pay for one of his luxury boxes at the Superdome.

Nor were there any contributions to any of the Finance Committee members from NOLA Motor Club, LLC., operators of the raceway.

Our next step was to check in with the Secretary of State’s web page and conduct a corporations search for NOLA Motor Club, LLC. Voila! Whose name should pop up as one of the principals? Laney Chouest, that’s who.

So, who is Laney Chouest, you ask?

Well, he also showed up as an officer in a few other corporations run by the politically active Chouest family of Galliano. Their main business is in shipbuilding and marine transportation and Laney Chouest was listed as an officer in Edison Chouest Offshore, Inc., Alpha Marine Service Holdings, LLC., and Beta Marine Services, LLC., to name only three.

So, armed with that information we did a campaign contribution search of only the last name of Chouest and we hit the mother lode.

Between 2007 and 2010, members of the Chouest family and their various businesses contributed a whopping $106,500 to Jindal.

Laney Chouest was active in the political arena during that same period, contributing tens of thousands of dollars to minor candidates, but he was smart—or lucky—enough to stay away from Jindal and members of the Senate Finance Committee, thus making the direct link difficult.

The question then becomes why the hell is the state bailing out this family, which can well afford to make its own updates and repairs to the racetrack? Why indeed.

To take money from Louisiana’s very most unfortunate citizens and hand it to the Chouest family on a silver platter is not only unconscionable, reprehensible, irresponsible, immoral, or whatever other appropriate word you may wish to invoke in condemning this classic example of political corruption, it should be criminal and should carry the same penalties as embezzlement, public bribery or child abuse.

Instead of retreating to reality TV, those of us fortunate enough to have mentally and physically healthy children, siblings, parents and spouses should take a few minutes and consider the plight of our neighbors who are not so fortunate. They are the ones who can never enjoy dining out in a restaurant, going to a movie, taking family vacations or watching your reality shows because providing care to family members in dire need is a full time job without the downtime of cheering for LSU, Southeastern or ULL in this year’s regionals, super regionals or College World Series.

Extreme? Strident? Outraged? Damn right, hell yeah on all three.

The oath of office our elected officials take comes with a huge responsibility to place the welfare of our citizens uppermost above all else. Jindal and 10 members of the Senate Finance Committee have turned their backs on that promise by once again knuckling under to our absentee governor (and demanding this appropriation on his part) and in so doing, have committed the most disgraceful form of malfeasance.

Accordingly, here are the names of the 11 members of the Senate Finance Committee, how they voted on the amendment to take the $4.5 million away from the developmentally disabled, and their email addresses—just in case you might have something to add to what’s already been said here.

Sen. Jack Donahue (Chairman) (YES)R-Mandeville  donahuej@legis.la.gov
Senator Norbèrt N. “Norby” Chabert (Vice-Chairman) (YES) R-Houma  chabertn@legis.la.gov
Senator R.L. “Bret” Allain, II (YES) R-Franklin  allainb@legis.la.gov
Senator Sherri Smith Buffington (YES) R-Keithville  smithbuffington@legis.la.gov
Senator Dan Claitor (NO) R-Baton Rouge  claitord@legis.la.gov
Senator Ronnie Johns (YES) R-Lake Charles  johnsr@legis.la.gov
Senator Eric LaFleur (YES) D-Ville Platte  lafleure@legis.la.gov
Senator Fred H. Mills, Jr. (YES) R-New Iberia  millsf@legis.la.gov
Senator Edwin R. Murray (YES) D-New Orleans  murraye@legis.la.gov
Senator Gregory Tarver (YES) D-Shreveport  tarverg@legis.la.gov
Senator Mack “Bodi” White (YES) R-Baton Rouge  whitem@legis.la.gov

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“We were directed to doctor the data to allow the schools to become eligible.”

—Former employee of the Louisiana Department of Education (LDOE), who claims that LDOE employees under former State Superintendent of Education Paul Pastorek and in “at least the first year” of his successor, John White, were directed to skew data to allow several charter schools in the Recovery School District (RSD) in New Orleans to become eligible for several million dollars in federal grants.

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