Fishermen Sue BP and Chemical Company, Claim Dispersants Are Poisoning the Gulf

A group of fishermen has filed a class action lawsuit against BP and Nalco Company, charging that the chemical dispersant being used in the cleanup of the massive Gulf oil spill is four times more toxic than the oil itself and has poisoned the environment.

BP has sprayed over a million gallons of Nalco’s Corexit 9500 and Corexit 9527 into the Gulf of Mexico to break up and sink the oil that has been gushing from a stricken deep water well since April 20, despite claims by some that far more effective and less harmful dispersants are  available. Plaintiffs say the dispersant has caused damage that is far greater than what would have occurred if BP had allowed the oil to gather on the shoreline and be permanently removed.

The class action is the first lawsuit stemming from the immense spill to name Nalco in addition to BP. The EPA ordered BP to stop using Corexit 9500 and 9527, but later relented because of a lack of chemical alternatives in large enough supply.

The four fishermen named as lead plaintiffs seek damages on behalf of all Louisiana residents and workers who live on or derive income from the Gulf Coast. One of the plaintiffs is seeking damages for Corexit exposure after assisting in the cleanup.

A Nalco spokesman said the company would not comment on pending litigation, while a Nalco statement today praised the results of tests conducted by the Environmental Protection Agency, which found no adverse impact on aquatic life from the dispersants. BP could not be reached for comment.

Exxon used Corexit 9527 in 1989 following the Exxon Valdez oil spill off the coast of Alaska, and some workers involved in the cleanup blame the dispersant for serious health problems. The United Kingdom has banned both chemicals since 1998 after tests revealed significant damage to rocky onshore environments.

The lawsuit filed in federal court on Wednesday for the eastern district of Louisiana alleges that BP deliberately sprayed the chemicals to avoid the larger financial costs of a shoreline cleanup, as well as to lessen public shock at the sight of oil befouling the land.

In May, Congressman Jerrold Nadley (D-N.Y.) told a House committee that a former BP executive and a former ExxonMobil president sit on Nalco’s board of directors.

“Their products are really low on the totem pole of dispersants out there as far as effectiveness on Louisiana crude and the toxicity of it, so why would they use that?” said attorney Arlen Braud, who is representing the fishermen. “Basically the oil companies are selling themselves their own product. That can be the only explanation as to why they didn’t use the better ones.”

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