by admin on May 10, 2011

Oystermen say in a class action that BP, the oil-spill defendants and Louisiana destroyed their oyster beds by diverting fresh water into the marshes during the oil spill, in an attempt to keep oil and other pollutants out.

Since the oil spill began, unprecedented amounts of raw crude oil, natural gas, and other toxic pollutants have encroached on and contaminated the Gulf of Mexico and the ecologically sensitive shorelines, beaches, shores, marshes, harbors, estuaries, bayous, and bays,” the class says in its complaint in Plaquemines Parish Court.

In order to combat the spreading oil, millions of gallons of chemical dispersants were sprayed over the Gulf of Mexico and the coastal zones. … (T)he environmental effects of using the chemical dispersants in great magnitude and at depths was never tested, nor were all the dangers known. …

The Caernarvon and Davis Pond diversions alone released more than 34,550 cubic feet of fresh water per second into the coastal bays and estuaries where hundreds of public oyster reefs and private oyster leases are located.

The State of Louisiana’s strategy to combat the amount of oil, dispersants, and other pollutants that entered the coastal zones where oysters grow resulted in the influx of freshwater which killed and/or damaged thousands of acres of private and public oyster beds because water salinity levels plummeted to levels that oysters cannot survive.

In essence, the oysters were under attack from both sides with the oil, dispersants, and other pollutants coming from one side, and fresh water coming from the other.

Recent tests in Barataria Bay and Breton Sound have found that roughly 40% – 70% of the oysters had died as a result of either oil, dispersants, or other contaminates and/or the diversion of fresh water.

The damage caused to the oysters by the oil, natural gas, chemical dispersants, and fresh water has not ceased.

According to environmental experts, the use of these chemical dispersants have only exacerbated the environmental effects of the oil spill by simply spreading the oil through the water column and sinking it to the sea floor, where it can continue to cause environmental damage to the coastal wetlands, estuaries, and marine ecosystems for years to come.

Recent reports have indicated oil and chemical dispersants have continued to form into massive underwater plumes that will continue to threaten the Louisiana coastline, further damaging the coastal zones of Louisiana and destroying the habitats where fish, shellfish and crustaceans breed, spawn and mature.”

The oysterers seek class damages, with interest, for negligence. If you think you have a claim, please fill out the Free Case Review Form to the right and someone will get back with you within 48 hours.

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Oysterman and BP Claims

by admin on July 24, 2010

Oysters thrive in a delicate balance of the right water temperatures and salt levels. They face unique threats from the British Petroleum (BP) oil spill, and Florida’s oyster industry could be affected for years. If you are in the Florida oyster business, calculating your real losses, including you future losses can be a very difficult task. You may be entitled to compensation through the BP Claims Process but you may have to fight in court for the compensation that you truly deserve.

Oysters and Oil

Unlike many types of sea life, oysters cannot swim or craw to clean water when their beds become contaminated. Oysters are filter feeders. They are not ingesting the surface oil, but are threatened by the dispersed oil that reaches the level where they feed. When this dispersed oil gets into their systems it can kill the oysters and those that survive are contaminated and cannot be sold or eaten.

Oysters that are pulled up through the surface oil become coated in the oil and are also considered unfit for sale.

The BP oil spill is hitting oysters during spawning season. Oysters can take 18 months to two years to reach maturity. Right now it is unknown how long it will take for oyster populations to recover, or if a full recovery will even be possible.

Oyster Industry

Even if the oyster populations do recover, the Florida oyster industry may not be able to make a come back. Businesses passed down for generations are closing their doors, and oystermen who want to stay in their profession may have to relocate and face stiff competition to do so. Those who stay in Florida face a grim future.

BP has made some payments to oystermen and oyster sellers are complaining that due to those payments they have stopped harvesting where clean oysters are still available, leaving sellers and their customers short on oysters.

Apalachicola Bay Oyster Beds

The famous Apalachicola Bay oyster beds provide about 90% of Florida’s oyster harvest. In an effort to harvest as many oysters as possible before the BP oil reaches these beds, harvesting has been expanded. Winter beds that would normally be closed this time of year are being kept open and summer beds are being harvested seven days a week instead of six.

While this may salvage oysters that would otherwise become contaminated, some oystermen fear that this will lead to overharvesting and a depleted crop next year.

Shrimpers are also having a difficult time and you can read about a shrimpers class action here.

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