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Gulf Coast Contract Awarded to Company with a History of Environmental Problems

Legislation Would Give Contractor Special Protections Anyway

Photos of Destruction

Photo: Close-up of liquefied coal waste
Pictured: "Sludge" dumped on region.

Photo: Resident's basketball hoop submerged in six feet of sludge.
Pictured: Resident's basketball hoop submerged in six feet of sludge.

Related News

AAJ eNews: Lawsuits Hold Major Polluters Accountable (Oct 25)

Hurricane Aftermath Press Kit

In a no-bid process, Fluor Corp., a company with a history of environmental problems, was awarded a $100 million federal contract for construction projects in the Gulf Coast region following Hurricane Katrina. In 2000, the company's subsidiary caused a 300 million gallon spill of liquefied coal waste (pictured at right) in the Appalachian mountain region.

The spill has been called the "biggest environmental disaster of the Southeast," forcing the shut down of water systems and killing all the fish in the area. Residents had up to six feet of this "sludge" on their property, as you can see in the photo of one resident's basketball hoop submerged. Although the reflection makes the sludge look like water, it is in fact the thick, dark goo pictured above.

Contractor Doesn't Deserve Immunity

It turns out Flour Corp has a history of unsafe practices. Non-compliance orders were issued by state investigators on two different occasions for unsafe practices leading to environmental damage. [Environment News Service, 10/18/00; The Cincinnati Enquirer, 10/11/01]

The passage of a bill to give legal immunity to contractors in the Gulf Coast (S.1761) means citizens would be unable to hold Flour accountable for any injuries, property damage, and environmental damage that they cause.

Such immunity is dangerous because private lawsuits by residents were necessary to recover damages and force a clean-up. Even today, residents must continue to pursue legal action against Fluor's subsidiary, Massey Corp. for a full clean-up. According to their lawsuit:

  • The company did not clean up the sludge, they covered it up. In many locations the company covered the sludge with clay and rock then declared that the property was "clean".

  • While in other locations, affected waterways have never been cleaned.

  • As a part of the "clean up" workers destroyed and trampled residents' property and created tremendous noise and bright light 24 hours a day.

  • Company executives publicly stated that they were providing bottled water to the residents, but in reality the residents had to buy bottled water for drinking and cooking.

  • Residents had to continue bathing and washing cloths in the contaminated tap water.

  • Residents had severe property damage: pets and livestock died while gardens, farms and pastures were lost.

October 25, 2005

Balancing the Scales of Justice
American Association for Justice
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