Yourlawyer.com (Mississippi River Oil Spill News)

Mississippi River Oil Spill Witness: Towing Company Regularly Used Improperly Licensed Pilots

Tue, 10 Feb 2009 00:00:00 -0800

The Coast Guard's hearing into last summer's Mississippi River oil spill resumed yesterday, with a former port captain for DRD Towing testifying that the company regularly let low-level mariners take charge of vessels they were not licensed to operate alone. According to The New Orleans Times-Picayune, the former port captain told the hearing that he wasn't worried that an improperly licensed pilot was working alone on a DRD towboat involved in the spill because "he always did".

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge carrying 419,000 gallons of oil - being towed by the DRD towboat, the Mel Oliver - collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

At the time of the spill, the Mel Oliver was being piloted by apprentice mate John Bavaret. But because he did not hold a proper license, Bavaret should never have been allowed to steer the Mel Oliver without supervision. The Mel Oliver's captain, Terry Carver, had left his post just days before the spill. Members of the crew said he had gone ashore on July 20 to deal with a problem with his girlfriend. Carver had promised to return to the vessel within 18 hours, but never did.

Gary Daigle said at the Coast Guard hearing yesterday that he had left his port captain job with DRD shortly before the oil spill to take a lower level crew job because of his discomfort with the company's policy of allowing improperly licensed pilots to operate its vessels. According to the Times Picayune, he said he warned the owners of DRD Towing that allowing apprentice mates to work alone could cause problems for the company.

According to the Associate Press, Daigle also said he helped Carver leave the Mel Oliver prior to the spill. Daigle did not worry about Bavaret working alone on the Mel Oliver because "he always did."

According to the Associated Press, Daigle said that DRD used three or four apprentice mates to steer the company's boats. The pilots should have been supervised by a fully licensed captain but they were not. Daigle said Randall Dantin, one of DRD's owners, authorized the improper use of apprentice mates as pilots.

DRD has since shut down. Daigle said he now works for a company called Oak Marine Service in Harahan, Louisiana. According to the Associated Press, that company is owned by Randall Dantin's sister.

Mississippi River Oil Spill Captain Testifies

Thu, 18 Dec 2008 00:00:00 -0800

The captain of the Mel Oliver, the tugboat involved in this summer's Mississippi River oil spill, says he left his post days before the accident because of girlfriend troubles. According to a report in The New Orleans Times-Picayune, Terry Carver wasn't worried about leaving the vessel in the hands of his apprentice mate, because despite not being properly licensed, the apprentice mate often piloted towboats alone.

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge carrying 419,000 gallons of oil - being towed by the Mel Oliver - collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

The role of Carver is vital to determining just who or what is to blame for the Mississippi River oil spill. At the time of the spill, the Mel Oliver was being piloted by apprentice mate John Bavaret. At a Coast Guard hearing into the spill this fall, it was confirmed that Carver had left his post aboard the Mel Oliver. Members of the towboat's crew said he had gone ashore on July 20 to deal with a problem with his girlfriend. Carver had promised to return to the vessel within 18 hours, but never did.

Carver had initially refused to testify at the hearing. But early this week, the Coast Guard announced he had had a change of heart, and the hearing was reconvened today. According to the Times-Picayune, Carver testified that he did leave the ship on July 20 after a relative told him his girlfriend had been spotted with another man.

Carver's testimony that apprentice mate Bavaret had piloted vessels on his own is noteworthy. In October, Bavaret also testified that it wasn’t unusual for DRD Towing, the Harvey, LA company that staffed the Mel Oliver, to have improperly licensed pilots at the helms of its ships. Bavaret said he filled in for absent captains on several towboats, and knew of several other DRD employees who had done the same.

Since the Mississippi River oil spill occurred, questions have been raised about DRD’s safety record. It turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Operators, a national trade association for the tugboat, towboat and barge industry.

Mississippi River Oil Spill Captain To Testify

Tue, 16 Dec 2008 00:00:00 -0800

The Mississippi River oil spill captain who was absent from his post when the accident occurred now wants to tell his side of the story. Terry Carver, the captain of the tugboat Mel Oliver, had refused to testify at a Coast Guard hearing investigating the spill that wrapped up last month.

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge -carrying 419,000 gallons of oil - being towed by the tug Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

During the Coast Guard hearing, it was confirmed that Carver had left his post aboard the Mel Oliver just days before the spill. Members of the crew said he had gone ashore on July 20 to deal with a problem with his girlfriend. Carver had promised to return to the vessel within 18 hours, but never did.

The Mel Oliver was being piloted by apprentice mate John Bavaret. But because he did not hold a proper license, Bavaret should never have been allowed to steer the Mel Oliver without supervision. Bavaret told the hearing that Carver’s absence forced him to take on both his own duties, and those normally performed by the towboat’s captain. In addition to Bavaret, only two deckhands were aboard the ship. Because he was doing double duty, Bavaret testified that he only had time for quick naps on the rare occasions he had down time.

Despite his fatigue, Bavaret said he was awake at the time of the accident, and his claims were backed up by one of the Mel Oliver deckhands. But the other deckhand aboard the towboat testified that Bavaret may have fallen asleep at the helm.

According to a report in the New Orleans Times-Picayune, Carver has now notified the Coast Guard that he would like to testify. According to the Coast Guard, Carver could testify sometime this week.

Carver's testimony will likely delay the release of a final report on the spill, the Times-Picayune said. It had been expected that the report would be finished by the end of this year. When it is ultimately released, the report would include a conclusions about what caused the spill, as well as suggestions for new rules that may prevent a similar disaster in the future. It could also could lead to fines or other sanctions for those involved in the accident, the Times-Picayune said.

Mississippi River Oil Spill Prompts Coast Guard to Start New Towboat Inspection Program

Thu, 13 Nov 2008 00:00:00 -0800

In the wake of last summer's Mississippi River Oil Spill, the U.S. Coast Guard has launched Operation Big Tow. The Coast Guard says the inspection program will insure that tow boats operating on the Gulf Coast, Mississippi River and Western Rivers system re properly manned and crews have proper licensing. Operation Big Tow will take place from November through January.

"While the majority of the towing industry operates safely and complies fully with licensing requirements, this comprehensive operation will allow us to identify any companies that may have problems,” said Capt. Verne B. Gifford, chief of prevention Eighth Coast Guard District, said in a press release announcing Operation Big Tow.

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge -carrying 419,000 gallons of oil - being towed by the tow boat Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

After the spill, it was learned that the Mel Oliver was being piloted by John Bavaret, the ship’s apprentice mate. Bavaret did not have the proper license to pilot a tugboat. Terry Carver, master license pilot of the Mel Oliver, should have been in charge of the vessel but was nowhere to be found when the accident occurred. At Coast Guard hearing investigating the accident, it was learned that Carver had gone ashore several days earlier to deal with a problem he was having with his girlfriend.

It has since been learned that DRD Towing, the company that staffed the Mel Oliver, had a spotty safety record. The pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. In 2004, an improperly licensed DRD pilot was at the helm of the Mr. Craig towboat, when it lost control of a barge and punctured the Eagle Memphis, dumping 2,100 gallons of crude oil into the Mississippi near Algiers Point.

In May, DRD failed a safety audit, and was facing probation or revocation from the American Waterways Operators, a national trade association for the tugboat, towboat and barge industry. But despite the failure, the association did not revoke DRD's certification until August, after the oil spill.

The New Orleans Times-Picayune is reporting that in addition to checking for proper crew licensing, Operation Big Tow will monitor whether towboats are following safety standards, such as maintaining appropriate firefighting and communication equipment. Violations could result in the Coast Guard banning a vessel from waterways, issuing fines, or suspending licenses, among other sanctions, the Times-Picayune said.

The Mississippi River Oil Spill has led to calls to reform the towboat industry. Four years ago, Congress ordered the Coast Guard to create rules requiring the regular inspection of towing vessels and limits on the number of hours that crew members work each day. None of rules have been issued. Some believe the proposed regulation might have prevented the Mississippi River oil spill.

In September, at a hearing of the House Subcommittee on Coast Guard and Maritime Transportation, Coast Guard Rear Adm. James Watson IV, the Coast Guard’s Director of Prevention Policy for Marine Safety, Security and Stewardship, said that the new rules would be implemented sometime in 2009. However, Rep James Oberstar, D-Minn., Chairman of the House Transportation Committee pushed for a more specific timeline. Watson said that that the rules would be in place by spring.

However, many lawmakers on the Committee, including Oberstar, pressed Watson to have the new rules in place well before that.

Mississippi River Oil Spill Hearing Finally Ends

Thu, 06 Nov 2008 00:00:00 -0800

After more than six weeks, the Coast Guard hearing into last summer's Mississippi River oil spill has come to an end. On Wednesday, its final day, the hearing turned into a blame game, as attorneys for the towing company, barge owner and tanker involved in the spill all tried to deflect responsibility away from their clients.

The Mississippi River oil spill occurred on July 23 when the Tintomara and a barge -carrying 419,000 gallons of oil - being towed by the tug Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

During the hearing, it was confirmed that the Mel Oliver's captain, Terry Carver, had abandoned his post just days before the spill. Members of the crew said he had gone ashore on July 20 to deal with a problem with his girlfriend. Carver had promised to return to the vessel within 18 hours, but never did. Carver himself refused to testify at the hearing.

John Baveret, the Mel Oliver was being piloted by apprentice mate John Bavaret. But because he did not hold a proper license, Bavaret should never have been allowed to steer the Mel Oliver without supervision. Bavaret told the hearing that Carver’s absence forced him to take on both his own duties, and those normally performed by the towboat’s captain. In addition to Bavaret, only two deckhands were aboard the ship. Because he was doing double duty, Bavaret testified that he only had time for quick naps on the rare occasions he had down time.

Despite his fatigue, Bavaret said he was awake at the time of the accident, and his claims were backed up by one of the Mel Oliver deckhands. But the other deckhand aboard the towboat testified that Bavaret may have fallen asleep at the helm.

The spotty safety record of DRD Towing, the company that staffed the Mel Oliver, was also discussed at the hearing. Shortly after the spill, it was learned that the that pilot of another DRD-staffed tugboat, the Ruby E., had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Operators, a national trade association for the tugboat, towboat and barge industry.

Marine surveyor James Hawkins, who performed part of that American Waterways Operators audit, said he recorded 52 infractions by the company, which he described as a significant compared with the number of offenses he typically finds during similar audits.

Hawkins told the hearing that he expressed his concern to Budwine & Associates, the company hired by DRD to perform the audit, and recommended that other vessels owned by the towing company be inspected. Budwine & Associates pulled Hawkins from the audit and continued without him. The principle from Budwine & Associates, who said he considered executives at DRD to be his "friends", testified that Hawkins was removed from the safety audit because of tension between him and DRD personnel.

In closing statements yesterday, the attorney for DRD Towing tried to place all of the blame for the spill on Carver and Bavaret. Bavaret and Carver conspired to deceive DRD Towing and "commit payroll fraud" by covering for each other when they were ashore, the attorney said.

An attorney for American Commercial Lines, the Indiana company that owns the Mel Oliver and barge, also placed blame on Carver and Bavaret. He asserted the accident happened because Bavaret fell asleep at the helm of the Mel Oliver, a result of fatigue he suffered because of Carver's absence. He also called Bavaret's claim that he lost control of the Mel Oliver and barge after being distracted by malfunctioning radar and jammed steering "baloney".

Both attorneys also put some blame on the pilot of the Tintomara, which they said was speeding downriver and should have called the Mel Oliver earlier to announce its intention to pass the vessel.

Meanwhile, attorneys for the Tintomara blamed a lack of governmental oversight of the towing industry for the spill.

A draft of the Coast Guard's final report on the Mississippi River oil spill should be ready by the end of the year. The document will include a conclusions about what caused the spill, as well as suggestions for new rules that may prevent a similar disaster in the future.

Towboat Captain Refuses to Testify at Mississippi River Oil Spill Hearing

Mon, 03 Nov 2008 00:00:00 -0800

The absent captain of a towboat involved in last summer's Mississippi River oil spill has refused to testify at a Coast Guard hearing investigating the disaster. In addition to Captain Terry Carver, four officials from the towing company that employed him have also refused to address the hearing.

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge carrying 419,000 gallons of oil - being towed by the Mel Oliver - collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

The role of Carver is vital to determining just who or what is to blame for the Mississippi River oil spill. At the time of the spill, the Mel Oliver was being piloted by apprentice mate John Bavaret. But because he did not hold a proper license, Bavaret should never have been allowed to steer the Mel Oliver without supervision.

It has since been learned that Carver abandoned his post aboard the Mel Oliver on July 20. Last month, Bavaret testified that Carver told him he had to travel to Illinois to deal with a problem he was having with his girlfriend. Carver had promised to return 18 hours later, but never did.

Bavaret told the hearing that Carver’s absence forced him to take on both his own duties, and those normally performed by the towboat’s captain. In addition to Bavaret, only two deckhands were aboard the ship. Because he was doing double duty, Bavaret testified that he only had time for quick naps on the rare occasions he had down time.

Despite his fatigue, Bavaret said he was awake at the time of the accident, and his claims were backed up by one of the Mel Oliver deckhands. But the other deckhand aboard the towboat testified that Bavaret may have fallen asleep at the helm.

In addition to Carver, four officials from DRD Towing, the company that staffed the Mel Oliver, have refused to testify at the hearing. They include owners Daniel Dantin Jr. and Randall Dantin, as well as the company's former port captains, or vessel managers, Jim Sellers and Gary Daigle.

DRD's safety record has come under fire since the spill. It turns out that the pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Operators, a national trade association for the tugboat, towboat and barge industry

Despite the refusal of the five witnesses to testify, a Coast Guard spokesman told the New Orleans Times-Picayune on Friday that it was not known if any of them could face reprimand.

At Mississippi River Oil Spill Hearing, Testimony from Mel Oliver Deckhands Conflicts

Thu, 30 Oct 2008 00:00:00 -0700

The Coast Guard hearing into last summer's Mississippi River oil spill continued yesterday, with a deckhand testifying that the towboat Mel Oliver was in poor physical condition at the time of the accident. David LeBlanc also offered an account of events aboard the Mel Oliver that conflicted with that given by the vessel's other deckhand last week.

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge carrying 419,000 gallons of oil - being towed by the Mel Oliver - collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

The Coast Guard hearing into the spill is now in its fifth week. Last week, John Bavaret, the pilot operating the Mel Oliver when the spill occurred, told the hearing that he was filling in for the ship’s captain, who had gone ashore to visit his girlfriend. Bavaret said he was busy fixing the Mel Oliver’s malfunctioning radar at the time of the collision, and it was only when he heard a warning from the Tintomara that he realized the tanker was heading straight for the barge being towed by the Mel Oliver.

The hearing also heard from Mel Oliver deckhand Kevin Pettigrew last week. Pettigrew testified that right after collision, the state in which found Bavaret indicated that he could have been asleep at the helm. Pettigrew said he had to lift Bavaret from the captain's chair so that he could take control of the Mel Oliver and steer it to safety.

But deckhand David LeBlanc said yesterday that he did not remember Bavaret being in such a state. Right after the collision, LeBlanc said he reported to the wheelhouse to find Bavaret. While Bavaret did not respond right away, LeBlanc said when he did, he was composed. LeBlanc described Bavaret moving around the vessel and even steering the Mel Oliver after the accident. He also recalled Bavaret saying that he did not see the approaching ship and had problems with the steering. LeBlanc said he did not recall Pettigrew removing Bavaret from the captain's chair.

LeBlanc also testified that the Mel Oliver's captain, Terry Carver, had been preoccupied with his girlfriend the days before he abandoned his post. LeBlanc recalled that Carver monitored his girlfriend with a computer tracking system while steering the Mel Oliver.

In addition to LeBlanc, the hearing also took testimony from Coast Guard inspector Harvey Bates. He testified that the steering system of the Mel Oliver may have been jammed by debris strewn inside a lower cabin of the vessel. He said the junk could have shifted and lodged against parts of the steering system that ran through the cabin. Bavaret had said last week that he was unable to steer the Mel Oliver out of the way of the Tintomara, despite repeated radio calls warning of the danger, because the steering apparatus was stuck.

During yesterday's proceeding, Melissa Harper, the Coast Guard's investigating officer, presented photographs of the Mel Oliver that showed the cabin was a mess. In the photos, rags were strewn around the floor to sop up leaking oil.

Towboat Pilot Testifies at Mississippi River Oil Spill Hearing

Wed, 22 Oct 2008 00:00:00 -0700

The improperly licensed pilot at the helm of a towboat involved in the July 23 Mississippi River oil spill told a Coast Guard hearing yesterday that the vessel's captain was on shore, visiting his girlfriend, when the oil spill occurred. With Captain Terry Carver nowhere to be found, piloting of the towboat, the Mel Oliver, was left to the ship’s apprentice mate, John Bavaret. But because he did not hold a proper license, Bavaret should never have been allowed to steer the Mel Oliver without supervision.

The Mississippi River oil spill occurred on when the tanker Tintomara and a barge carrying 419,000 gallons of oil - being towed by the Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

Yesterday, Bavaret spoke publicly for the first time about his role in the spill. Bavaret, who had been working on the Mississippi for 15 years, said he began his assignment on the Mel Oliver more the week before the accident. Carver was scheduled to begin his stint on the same vessel on July 15, but did not show up until late in the evening. During that time, Bavaret piloted the towboat along the Mississippi without supervision.

Later, Carver asked Bavaret to cover for him so he could go to Illinois to deal with personal problems relating to his girlfriend. Bavaret testified that on July 20, Carver left the towboat via a lifeboat, promising to return in 18 hours. However Carver never showed, even after Bavaret asked him to return because the Mel Oliver had a heavy workload.

Bavaret told the hearing that Carver's absence forced him to take on both his own duties, and those normally performed by the towboat's captain. In addition to Bavaret, only two deckhands were aboard the ship. Because he was doing double duty, Bavaret testified that he only had time for quick naps on the rare occasions he had down time.

When the oil spill occurred at 1:30 a.m. on July 23, Bavaret was trying to repair the Mel Oliver's radar, which had suddenly malfunctioned. It was only when he heard a warning from the Tintomara that he realized the tanker was heading straight for the barge being towed by the Mel Oliver. He tried to move the barge out the way, but said the Mel Oliver's steering system jammed. Bavaret also said that the vessel's wing meter, which is supposed to detect whether the vessel has turned, was also broken.

During his testimony, Bavaret acknowledged ignoring radio transmissions from both Coast Guard personnel and the crew of the Tintomara who were trying to warn the Mel Oliver of the impending danger. According to Bavaret, his radio microphone had fallen to the floor and that he did not want to risk reaching for the device.

Bavaret also testified that it wasn't unusual for DRD Towing, the Harvey, LA company that staffed the Mel Oliver, to have improperly licensed pilots at the helms of its ships. Bavaret said he filled in for absent captains on several towboats, and knew of several other DRD employees who had done the same.

Since the Mississippi River oil spill occurred, questions have been raised about DRD’s safety record. It turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Operators, a national trade association for the tugboat, towboat and barge industry.

Monday, a subcontractor for Budwine & Associates, the company DRD paid to conduct that audit, testified that he uncovered 52 serious violations during his inspection of some of the company's towboats. When he recommended subjecting DRD to greater scrutiny, he was removed from the audit.

The principal of Budwine & Associates testified last week that the inspector was removed from the DRD safety audit because of tension between him and DRD personnel. Fred Budwine told the hearing that he has worked with DRD Towing for years and considered its executives to be his “friends.”

Mississippi River Oil Spill Hearing Told of Towing Company's Safety Violations

Tue, 21 Oct 2008 00:00:00 -0700

A marine surveyor called to testify yesterday at a hearing investigating the July 23 Mississippi River oil spill said that a towing company involved in the incident had racked up dozens of serious violations during an inspection he conducted months before the spill. The surveyor was removed from the DRD Towing safety audit after raising his concerns with the company hired to do the audit.

The Mississippi River oil spill occurred on when the tanker Tintomara and a barge carrying 419,000 gallons of oil - being towed by the Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

The Mel Oliver was staffed by a crew from DRD Towing. The DRD pilot operating the Mel Oliver at the time of the collision was not properly licensed to operate a tugboat. That individual had an apprentice mates license, which only allowed him to operate the tugboat under the supervision of a licensed master, who was not onboard the Mel Oliver at time of the accident.

Since the Mississippi River oil spill occurred, questions have been raised about DRD’s safety record. It turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Association, a national trade association for the tugboat, towboat and barge industry.

The Coast Guard has been holding hearings into the oil spill for the past several weeks. Yesterday, marine surveyor James Hawkins, who performed part of that American Waterways Association audit, said he recorded 52 infractions by the company, which he described as a significant compared with the number of offenses he typically finds during similar inspections.

According to The Times-Picayune, among the more serious offenses Hawkins found was a lack of documentation that mariners employed by DRD Towing had completed any required training programs during the previous three years. Hawkins also said he found smoke detectors, expired fire extinguishers, dirty oil filters and evidence of pollution leaking overboard on five DRD Towing vessels he inspected. Hawkins did not inspect the Mel Oliver.

Hawkins told the hearing that he expressed his concern to Budwine & Associates, the company hired by DRD to perform the audit, and recommended that other vessels owned by the towing company be inspected. Budwine & Associates pulled Hawkins from the audit and continued without him.

The principal of Budwine & Associates testified last week that Hawkins was removed from the DRD safety audit because of tension between him and DRD personnel. Fred Budwine told the hearing that he has worked with DRD Towing for years and considered its executives to be his "friends."

Even with Budwine's intervention, however, DRD failed the audit and was facing revocation from the American Waterways Association. However, the association did not inform the Coast Guard of the results of the DRD audit, because it is not required to do so. The Association finally did revoke DRD's membership in August.

Mississippi River Oil Spill Hearing Resumes Today

Thu, 09 Oct 2008 00:00:00 -0700

The Coast Guard is set to resume hearings into the summer's Mississippi River oil spill this morning in New Orleans. The hearing, which began two months ago, was put on hold after the Gulf Coast was hit by hurricanes Ike and Gustav.

The Mississippi River oil spill occurred on July 23 when the Tintomara and a barge -carrying 419,000 gallons of oil - being towed by the Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The spill was the worst to ever occur on the lower Mississippi River.

At the time of the collision, the Mel Oliver was being piloted by John Bavaret, the ship’s apprentice mate. Bavaret did not have the proper license to pilot a tugboat. Terry Carver, master license pilot of the Mel Oliver, should have been in charge of the vessel but was nowhere to be found when the accident occurred. It is expected that both Bavaret and Carver will testify at the hearing.

According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the Tintomara to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

It has since been learned that DRD Towing, the company that staffed the Mel Oliver, had a spotty safety record. The pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. In 2004, an improperly licensed DRD pilot was at the helm of the Mr. Craig towboat, when it lost control of a barge and punctured the Eagle Memphis, dumping 2,100 gallons of crude oil into the Mississippi near Algiers Point.

In May, DRD failed a safety audit, and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

The Coast Guard hearing into the spill began in August. Among the witnesses who testified over a two-day period was the Tintomara's captain Jan Stefan Bjarve. He told the hearing that at 1:30 a.m. on June 23, the Mel Oliver suddenly veered into the path of the Tintomara. Bjarve said the Mel Oliver did not signal the turn, nor did vessel traffic controllers issue any warnings. Bjarve said he tried to warn the Mel Oliver repeatedly of the impending danger, but got no response.

Bjarve's account was backed up by Gilberto Guevarra, the Tintomara's lookout. Guevarra said he became alarmed when he saw a green light, indicating a vessel’s starboard side, ahead in the water. The sighting meant that the Mel Oliver was turning in front of the Tintomara. According to Guevarra, the Tintomara began sounding its warning whistle before he even had time to notify the bridge of the problem, meaning that the tanker’s captain had already spotted the tugboat.

While the Coast Guard has not issued a witness list for the hearing, a spokesperson for the towing company involved in the oil spill told the "New Orleans Times-Picayune" that it is likely the Louisiana River pilot who was steering the tanker Tintomara during the accident will be called to testify. Various officials from DRD Towing, American Commercial Lines, the barge company that owned the Mel Oliver and the barge involved in the crash, as well as barge industry experts, are also expected to appear, the newspaper said.

After Mississippi River Oil Spill, Coast Guard Promises New Tugboat Rule

Thu, 18 Sep 2008 00:00:00 -0700

In the wake of this summer's Mississippi River oil spill, lawmakers are pressing the Coast Guard to finally implement long-delayed rules to regulate tugboats. At a hearing of the House Subcommittee on Coast Guard and Maritime Transportation, members asked the Coast Guard why the rules - proposed four years ago - were not yet implemented. One lawmaker received a promise from a Coast Guard representative that the new rules would be on the books by the next shipping season.

The Mississippi River oil spill occurred on July 23 when the tanker Tintomara and a barge -carrying 419,000 gallons of oil - being towed by the tugboat Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The busy river channel was closed for six days to allow for cleanup of the spill.

The barge and tugboat involved in the accident were owned by American Commercial Lines. The tugboat was being staffed by a crew provided by DRD Towing. The pilot operating the Mel Oliver at the time of the collision was not properly licensed to operate a tugboat. That individual had an apprentice mates license, which only allowed him to operate the tugboat under the supervision of a licensed master, who was not onboard the Mel Oliver at time of the accident.

Since the Mississippi River oil spill occurred, questions have been raised about DRD’s safety record. It turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 13, only a few miles from the spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Association, a national trade association for the tugboat, towboat and barge industry.

"It is unfathomable to me that within two weeks, the same company would be involved in two marine casualties while illegally operating towing vessels," Subcommittee Chairman Rep. Elijah Cummings, D-Md, said at Tuesday's hearing.

Four years ago, Congress ordered the Coast Guard to create rules requiring the regular inspection of towing vessels and limits on the number of hours that crew members work each day. None of rules have been issued. Some believe the proposed regulation might have prevented the Mississippi River oil spill.

Thomas Allegretti, president and CEO of the American Waterways Association, told the hearing that with the proposed Coast Guard regulations in place, information that DRD had failed the May safety audit may have been disseminated in a way, and with some consequences, that might have made a difference. As it stands now, the association depends on operators to comply with its rules voluntarily. "It's too easy to look the other way because there are not consequences for ignoring them." Allegretti said.

Rear Adm. James Watson IV, the Coast Guard's Director of Prevention Policy for Marine Safety, Security and Stewardship, said that the new rules would be implemented sometime in 2009. However, Rep James Oberstar, D-Minn., Chairman of the House Transportation Committee pushed for a more specific timeline. Watson said that that the rules would be in place by spring.

But it appears the Congressman may have extracted a promise from the Rear Admiral to have the new rules in place even sooner. "Spring is a long time," Oberstar said. "How about before the shipping season?"

In response to that query, Watson replied "Yes, Sir."

Mississippi River Oil Spill Drug and Alcohol Test Results Revealed

Tue, 16 Sep 2008 00:00:00 -0700

Officials investigating the Mississippi River oil spill received the results of drug and alcohol tests performed on the crew of the Mel Oliver, the tugboat involved in the accident. The New Orleans Times-Picayune is reporting that while the apprentice steersman operating the vessel at the time of the collision was clean, a deckhand tested positive for an illicit substance. Tests on the crew of the other ship involved in the oil spill, the chemical tanker Tintomara, were all negative.

The Mississippi River oil spill occurred on July 23 when the Tintomara and the barge -carrying 419,000 gallons of oil - being towed by the Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi. The busy river channel was closed for six days to allow for cleanup of the spill.

According to the Times-Picayune, the Coast Guard provided the information on the drug and alcohol testing to the House Subcommittee on Coast Guard and Maritime Transportation. The subcommittee is scheduled to hold a hearing today focusing on ways to strengthen enforcement efforts aimed at making sure qualified personnel are operating tugboats.

The barge and tugboat involved in the accident were owned by American Commercial Lines. The tugboat was being staffed by a crew provided by DRD Towing. John Bavaret, the pilot operating the Mel Oliver at the time of the collision, was not properly licensed to operate a tugboat. Bavaret had only an apprentice mates license, which only allowed him to operate the tugboat under the supervision of a licensed master, who was not onboard the Mel Oliver at time of the accident.

There were no drugs or alcohol in Bavaret's system at the time of the oil spill, according to tests conducted by the Coast Guard. One of the deckhands onboard at the time also tested negative, but a second did test positive for drugs.

Since the Mississippi River oil spill occurred, questions have been raised about DRD’s safety record. It turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 18, only a few miles from last weeks spill. It is also known that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

The Times-Picayune is also reporting that four years ago, staff from DRD Towing was also operating the tugboat Mr. Craig, which lost control of a barge and punched the Eagle Memphis, causing 2,100 gallons of crude oil to sill from the into the Mississippi near Algiers Point.

According to the Times-Picayune, American Commercial Lines has also had problems in the past. Between 2000 and 2008, American Commercial Lines was managing owner of equipment involved in incidents in which eight people died or went missing. With the exception of a 2001 accident involving Brown Water Towing, no other company has had a higher toll.

At a news conference in July, Paul Book, vice president of operations facilities for American Commercial Lines Inc. affirmed that his company would take responsibility for the cost of the oil spill cleanup. However, Book said American Commercial Lines was not responsible for the incident that caused the spill. “We were not the operator of the towing vessel nor the operator of the ship,” Brook said.

Tanker Lookout Testifies at Mississippi River Oil Spill Hearing

Fri, 15 Aug 2008 00:00:00 -0700

The lookout of the tanker Tintomara gave his version of events leading up to last month's Mississippi River oil spill during a hearing in New Orleans yesterday. Gilberto Guevarra's account backed up that given by the Tintomara's captain on Wednesday, and again placed blame for the oil spill on the tugboat Mel Oliver.

The Mississippi River oil spill occurred on July 23 when the Tintomara and the barge -carrying 419,000 gallons of oil - being towed by the Mel Oliver collided. The barge split in half, spilling much of its cargo into the river. It is estimated that about 280,000 gallons of oil actually spilled into the Mississippi.

According to his testimony, lookout Guevarra was standing near the head of the ship as it began its trip down the Mississippi at midnight July 23. Guevarra said he became alarmed when he saw a green light, indicating a vessel's starboard side, ahead in the water. The sighting meant that the Mel Oliver was turning in front of the Tintomara.

According to Guevarra, the Tintomara began sounding its warning whistle before he even had time to notify the bridge of the problem, meaning that the tanker's captain, Jan Stefan Bjarve, had already spotted the tugboat.

Guevarra's testimony backed up the captain's version of events. On Wednesday, Bjarve told the hearing that 1:30 a.m. on June 23, the Mel Oliver suddenly veered into the path of the Tintomara. Bjarve said the Mel Oliver did not signal the turn, nor did vessel traffic controllers issue any warnings.

Bjarve said he tried to warn the Mel Oliver repeatedly of the impending danger, but got no response. The day Bjarve testified, the Coast Guard also played radio transmission recordings from that night that back up Bjarve’s claims that he tried desperately to warn the Mel Oliver without success.

At the end of yesterday's proceeding, the Coast Guard suspended further testimony. The hearing had started at an earlier point in the investigation than is customary because the Coast Guard wanted to question the Tintomara's foreign crew, and allow them to return to their home countries.

The hearing could resume as early as next week, but no date has been set yet. When the hearing does restart, it is expected that testimony will be taken from members of the Mel Oliver's crew. Among those likely to be called are Terry Carver, master pilot of the Mel Oliver, and John Bavaret, the tug's apprentice mate.

At the time of the collision, Bavaret was piloting the Mel Oliver, despite lacking the proper license to do so. Carver, who should have been onboard, was nowhere to be found.

Tanker Captain Pins Mississippi River Oil Spill on Tugboat

Thu, 14 Aug 2008 00:00:00 -0700

On the first day of a hearing into last month's Mississippi River oil spill, the pilot of the tanker involved in the incident said that the tugboat Mel Oliver was to blame for the collision that caused the disaster. The hearing, which resumes today, is trying to determine blame for the oil spill.

Captain Jan Stefan Bjarve was piloting the tanker Tintomara, along with Louisiana river pilot Chester Gould, at the time of the oil spill. Bjarve told the hearing that the Tintomara had begun its trip down the Mississippi at midnight. He described the evening as being "calm", and said the weather was pleasant. But at 1:30 a.m. the Mel Oliver suddenly veered into the path of the Tintomara. Bjarve said the Mel Oliver did not signal the turn, nor did vessel traffic controllers issue any warnings.

Bjarve said he tried to warn the Mel Oliver repeatedly of the impending danger, but got no response. The Coast Guard played radio transmission recordings from that night that back up Bjarve's claims that he tried desperately to warn the Mel Oliver without success.

At the time of the collision, the Mel Oliver was being piloted by John Bavaret, the ship's apprentice mate. Bavaret did not have the proper license to pilot a tugboat. Terry Carver, master license pilot of the Mel Oliver, should have been in charge of the vessel but was nowhere to be found when the accident occurred.

Under questioning, Bjarve admitted that he did not order the Tintomara to anchor once he became aware of the danger. Bjarve said that he was concerned that, because of the tanker's massive size and speed, anchoring quickly might only make things worse.

The hearing into the Mississippi River oil spill is scheduled to resume this morning. Gilberto Guevarro, the Tintomara's lookout and anchor watch, is scheduled to testify today.

Once the hearing concludes, the Coast Guard will work on issuing a final report, which could recommend taking action against the parties found to be responsible for the oil spill. Those consequences could range from fines to criminal charges.

Postponed Mississippi River Oil Spill Hearing Scheduled to Begin Again Today

Wed, 13 Aug 2008 00:00:00 -0700

Yesterday's hearing into the Mississippi River oil spill was postponed shortly after it began. The Coast Guard stopped the proceeding after lawyers for DRD Towing, the owner of a tugboat involved in the incident, asked for more time to examine exhibits slated to be presented at the hearing.

The only new information to come out of the hearing yesterday was the list of people named in the oil spill investigation. They include John Bavaret, the apprentice mate who was piloting the tugboat Mel Oliver when it collided with the tanker Tintomara. Bavaret did not have the proper license to pilot a tugboat. Terry Carver, master license pilot of the Mel Oliver was also on the list. Carver should have been in charge of the vessel but was nowhere to be found when the accident occurred.

The hearing is scheduled to begin again this morning, with the Coast Guard saying it expects the proceeding to last between two and three days.

The Mississippi River oil spill occurred on July 23 when the Tintomara and the barge being towed by the Mel Oliver collided. The barge, carrying 419,000 gallons of fuel oil - split in half, spilling much its cargo into the river.

It is estimated that about 250,000 gallons of oil actually spilled into the Mississippi. The busy river channel was closed for six days to allow for cleanup of the spill. Even now, ships must move slowly to avoid disrupting the continuing cleanup.

According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the Tintomara to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsibility for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant.

Once today's hearing is over, the Coast Guard could officially assign blame for the accident. According to the New Orleans Time-Picayune, the Coast Guard has been in discussions with the U.S. Justice Department, but will not recommend any charges against the crew members or companies involved in the oil spill until its investigation is complete.

Mississippi River Oil Spill Hearing Starts Today

Tue, 12 Aug 2008 00:00:00 -0700

A hearing scheduled to start today in New Orleans could finally shed light on who is ultimately to blame for last month's Mississippi River oil spill. Though the Coast Guard, which is conducting the hearing, has not issued an official witness list, reports earlier this month indicated that both the pilot of the tanker and the captain and steersman of the tugboat involved in the oil spill were "parties of interest", and it is widely expected that they will be among those to testify.

The Mississippi River oil spill occurred when a 600-foot tanker- the Tintamora - and a barge loaded with 419,000 gallons fuel collided. The spill occurred about 1:30 a.m. central time July 23 near the Crescent City Connection, a pair of New Orleans bridges. The barge split in half, spilling much of the tar-like oil it was carrying into the river. At the time, the American Commercial Lines barge was being towed by the tugboat Mel Oliver, owned and operated by DRD Towing of Harvey, Louisiana.

The Mississippi River was closed for six days, and ships must still move as slowly as safely possible along most of the stretch from New Orleans to the Gulf of Mexico, so their wakes don't disrupt the continuing oil spill cleanup.

The sunken barge was finally removed from the river on Sunday. Crews pumped 136,000 gallons of pure oil out of the barge before it was hauled away. Skimmer boats have removed 165,000 gallons of oily water from the river, and crews have hauled off about 7,000 cubic yards of oily debris from the shore.

Since the accident, questions have been raised about DRD’s safety record. According to the Coast Guard, the pilot operating the Mel Oliver at the time of the collision was not properly licensed to operate a tugboat. The pilot had only an apprentice mates license. The captain was not aboard the tugboat at the time of the collision.

It also turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 18, only a few miles from last weeks spill. DRD had also failed a safety audit in May, and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the Tintamora to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsibility for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant.

Mississippi River Oil Spill Barge Finally Hauled Away

Mon, 11 Aug 2008 00:00:00 -0700

The barge responsible for last month's Mississippi river oil spill has finally been removed from the water. With the barge finally gone, attention will likely shift to the Coast Guard's investigation into the July 23 spill. A hearing into the incident is scheduled to begin tomorrow, and several crew members from a tugboat and tanker involved in the accident are slated to testify.

The sunken barge was involved in an oil spill that occurred the morning of July 23. The barge, loaded down with more than 400,000 gallons of heavy fuel oil, was being towed by the tugboat the Mel Oliver when it collided with a tanker. The barge split in half, spilling its cargo into the Mississippi River. The river was closed to shipping for several days.

So far, the investigation into the Mississippi River oil spill has revealed that at the time of the collision, no one aboard the Mel Oliver was properly licensed to pilot a tugboat. According to the Coast Guard, the captain of the tugboat was not even aboard.

According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the tanker to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

The Mel Oliver is owned by DRD Towing of Harvey, Mississippi, a company with a spotty safety record. On July 18, another DRD tugboat, the Ruby E, sank just a few miles from the site of the July 23 oil spill. The pilot onboard the Ruby E. at the time of that accident also lacked a proper license.

According to the New Orleans Times-Picayune, DRD Towing also failed a May safety audit and faces probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsibility for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant.

At tomorrow's hearing , the tugboat’s captain and steersman apprentice, and the pilot of the tanker will give their accounts of the events leading up to the Mississippi River oil spill. The Coast Guard is also expected to give an update on its investigation. At that point, it may become more apparent which party or parties are responsible for this disaster.

Mississippi River Oil Spill Barge Emptied, Ready for Removal

Thu, 07 Aug 2008 00:00:00 -0700

The barge responsible for the Mississippi River oil spill has finally been drained of most of its remaining oil, and salvage crews have now been cleared to remove the wreckage. In all, 165,000 gallons of oil have been recovered from the barge's storage tanks.

The sunken barge was involved in an oil spill that occurred the morning of July 23. The barge, loaded down with more than 400,000 gallons of heavy fuel oil, was being towed by the tugboat the Mel Oliver when it collided with a tanker. The barge split in half, spilling its cargo into the Mississippi River. The river was closed to shipping for several days.

The barge has remained, partially sunken, in the Mississippi River since the spill. During most of that time, it continued to leak oil into the river. It has taken three days of nearly round-the-clock pumping to remove the remaining oil from the barge.

The Coast Guard has now estimated that roughly 254,000 gallons of oil was spilled from the barge. Though less than the 419,000 gallon it was carrying, that amount still makes this incident the largest spill on the lower Mississippi since 2000.

Yesterday, salvage crews brought in a 200-foot crane outfitted with a massive cutting chain. They are expected to begin cutting the barge into chunks today so that it can be hauled away. There is still a danger some remaining oil could leak from the sunken barge, especially if some that leaked from storage tanks made its way into voids.

American Commercial Lines, the owner of the barge, has taken responsibility for the clean-up of the oil spill, but not the collision that caused it. Because American Commercial Lines denies responsiblity for the collision, the company has said that it plans to seek protection from oil spill lawsuits that name it as a defendant,

Under the Oil Pollution Act of 1990, parties responsible for an oil spill must pay cleanup costs to a certain level. Once costs surpass that level the government can tap into the Oil Spill Liability Trust Fund. However, if polluters are found to have been grossly negligent before the spill, they are responsible for all of the clean-up costs.

So far, the investigation into the oil spill has revealed that the person piloting the Mel Oliver did not have the proper license to drive the tugboat, and audio from the collision shows that the crew did not respond to repeated warnings from the tanker. The captain of the Mel Oliver was also not aboard at the time of the accident.

In May, DRD Towing, the company that owned the Mel Oliver, failed a safety audit and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

The Coast Guard will release more information about its investigation into the Mississippi River oil spill at a hearing next Tuesday. According to the New Orleans Time-Picayune, the Coast Guard has been in discussions with the U.S. Justice Department, but will not recommend any charges against the crew members or companies involved until the investigation is complete.

Crews Ready to Move Part of Mississippi River Oil Spill Barge

Tue, 05 Aug 2008 00:00:00 -0700

Crews have emptied the barge responsible for last month's Mississippi River oil spill of its remaining oil, and could remove a large chunk of the vessel from the river at some point today.

The sunken barge was involved in an oil spill that occurred the morning of July 23. The barge, loaded down with more than 400,000 gallons of heavy fuel oil, was being towed by the tugboat the Mel Oliver when it collided with a tanker. The barge split in half, spilling its cargo into the Mississippi River. The river was closed to shipping for several days.

The barge has remained, partially sunken, in the Mississippi River since the spill. During most of that time, it continued to leak oil into the river. The barge needed to be secured and emptied of remaining oil before it can be hauled out of the river. The vessel was finally secured over the weekend.

According to the Coast Guard, crews have finished draining the storage tank in the front of the ship of its oil. That should allow crews to remove the front half of the barge from the river. The Coast Guard hopes to have the stern tank pumped out soon, and the rear half of the barge may be pulled out of the river on Wednesday.

So far, the Coast Guard has been unable to estimate how much oil remained on the sunken barge, but should have a number soon. Until then, no one can know how much toxic oil might have made it into the Mississippi.

Meanwhile, the Coast Guard has released findings of its preliminary investigation of the oil spill. According to radio transmissions released by the Coast Guard, it is apparent that the Mel Oliver received repeated warnings from both Coast Guard personnel and the pilot of the tanker to get out of the way in the minutes leading up to the crash. Unfortunately, no one on the Mel Oliver ever responded to the warnings.

At the time of the collision, no one aboard the Mel Oliver was properly licensed to pilot a tugboat. According to the Coast Guard, the captain of the tugboat was not even aboard. All personnel on the other tanker were properly licensed.

The Mel Oliver is currently being inspected for mechanical or electrical problems. There were no mechanical or electrical problems with the tanker, said the Coast Guard.

The incidents leading up to the Mississippi River oil spill could become clearer later this month. Both the pilot of the Mel Oliver, its steersman apprentice, and the pilot of the tanker are slated to testify at a hearing in New Orleans on Aug. 12.

Mississippi River Oil Spill Barge Ignored Warnings Moments Before Collision

Mon, 04 Aug 2008 00:00:00 -0700

The pilot of the barge involved in last month's Mississippi River oil spill had received repeated warnings to get out of the way moments before it collided with another vessel. According to radio transmissions released by the Coast Guard, no one on the tugboat the Mel Oliver bothered responding to the warnings.

The Mel Oliver, pushing a barge loaded with more than 400,000 gallons of heavy fuel oil, collided with the tanker Tintamara on July 23, causing the worst oil spill New Orleans has seen in a decade. The Mississippi River, from New Orleans to the Gulf of Mexico, was closed for several days, and while shipping has resumed, it is going at a much slower pace than usual.

The barge, which has continued to leak oil since the spill, was finally secured over the weekend. Securing the barge has allowed crews to begin removing remaining oil from the vessel. Once the oil is extracted, cranes will be brought in to break up the wreckage and the remains of the vessel will be hauled away on barges.

On Saturday, the Coast Guard released radio recordings that showed that both Coast Guard personnel and the pilot of the Tintamara tried to warn the Mel Oliver of the impending danger right before the accident occurred.

"Mel Oliver, come in cap, you're crossing the bottom of a ship coming at you," a Coast Guard traffic controller says.

As the pilot of the Tintamara becomes increasingly distressed, he makes repeated calls to the captain of the Mel Oliver. "This ain't good, man," the pilot says. Then, at the moment of impact, he says, "We just took his tow. The barge is right in front of us and we're running it over."

Unfortunately, the captain of the tugboat was nowhere to be found. According to results of the Coast Guard's preliminary investigation, the captain was "on land". As reported earlier, no one on the Mel Oliver at the time of the collision with the Tintamara was properly licensed to pilot a tugboat.

There were no mechanical or electrical problems with the massive Tintamara, or questions about it's pilot's competency, said the Coast Guard. The tugboat is currently being inspected for mechanical or electrical problems.

According to the Coast Guard, the tugboat's captain and steersman apprentice, and the pilot of the tanker have been summoned to a hearing in New Orleans on Aug. 12.

Salvage of Mississippi River Oil Spill Barge to Start Tomorrow

Fri, 01 Aug 2008 00:00:00 -0700

Crews will begin the process to remove the sunken barge from the Mississippi River that was responsible for the worst New Orleans oil spill in a decade. It will likely take days to remove remaining oil from the barge before it can be lifted to the surface.

The sunken barge was involved in an oil spill that occurred early last Wednesday morning. The barge, loaded down with more than 400,000 gallons of heavy fuel oil, was being towed by the tugboat the Mel Oliver when it collided with an oil tanker. The barge split in half, spilling its cargo into the Mississippi River.

On Wednesday, more oil leaked from the barge, closing the Mississippi River for six hours. The removal process will jostle the barge, so additional leaks are likely.

On Saturday divers will begin tapping into fuel tanks on the barge to remove any remaining oil. Of the three original tanks holding oil, two were significantly ruptured. The Coast Guard still does not know whether a third tank has been leaking oil or remains intact.

Until the divers pump out the barge's remaining oil, no one will know how much fuel the oil spill actually released into the Mississippi River.

The investigation into the oil spill continues. Shortly after the spill, it was learned that the pilot of the Mel Oliver was not properly licensed to operate a tugboat. The company that owns the tugboat, DRD Towing of Harvey, Louisiana, failed a safety audit in May, and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

American Commercial Lines, the owner of the barge, has taken responsibility for the cost of the oil spill cleanup. However, that company has denied responsibility for the collision that caused spill, because it was not the operator of the tugboat or the other ship involved.

More Oil Leaks from Mississippi River Oil Spill Barge

Thu, 31 Jul 2008 00:00:00 -0700

Traffic on the Mississippi River near New Orleans came to a halt again yesterday, as more oil leaked from the sunken barge responsible for last week's oil spill. For about six hours, the Mississippi was closed to traffic, and communities downriver from the leaking barge were forced to shut off water intake valves once again. Both the river and intakes were reopened by later afternoon, but the US Coast Guard said it could not guarantee that similar closures would not occur as the oil spill cleanup continues.

The leaking barge was involved in an oil spill that occurred early last Wednesday morning. The barge, loaded down with more than 400,000 gallons of heavy fuel oil, was being towed by the tugboat the Mel Oliver when it collided with an oil tanker. The barge split in half, spilling its cargo into the Mississippi River. One week later, the barge - still holding some of the oil it was carrying - remains in the river,

According to the Coast Guard, yesterday's oil leak was the result of a three-foot drop in the river's level that allowed the barge to shift. Unfortunately, yesterday's incident is not likely to be the last time the barge leaks toxic fuel into the river.

"These burps may happen again, " Coast Guard Capt. Lincoln Stroh, who oversees the Port of New Orleans, told the Times-Picayune. "Only until we secure that barge and pump out or suck the fuel out of that barge will it stop."

It could be many more days before the barge is finally removed from the Mississippi. Before that happens, the remaining oil must be removed from the vessel. So far, divers' efforts to get that process underway have been hindered by strong currents and poor visibility.

Meanwhile, residents of several downstream communities were again worried about the safety of their drinking water. Water intakes for New Orleans' Algiers neighborhood, as well as those for St. Bernard and Plaquemines parishes were closed for several hours after the latest oil leak. Many residents of those communities are continuing to exhibit caution, as area convenience stores continue to report brisk sales of bottled water.

Mississippi River Oil Spill Barge Owner Denies Responsibility

Wed, 30 Jul 2008 00:00:00 -0700

American Commercial Lines, owner of the barge that spilled thousands of gallons of oil into the Mississippi River last Wednesday, is denying responsibility for the accident that caused the oil spill. While it plans to seek protection from oil spill lawsuits that name it as a defendant, the company said it would pay for cleanup of the oil spill.

The Mississippi River oil spill occurred when a 600-foot tanker and a barge loaded with fuel collided. The spill occurred about 1:30 a.m. central time last Wednesday near the Crescent City Connection, a pair of New Orleans bridges. The barge split in half, spilling more than 419,000 gallons of tar-like oil into the river. At the time, the American Commercial Lines barge was being towed by the tugboat Mel Oliver, owned and operated by DRD Towing of Harvey, Louisiana.

Since the accident, questions have been raised about DRD's safety record. According to he U.S. Coast Guard, the pilot operating the Mel Oliver at the time of the collision was not properly licensed to operate a tugboat. The pilot had only an apprentice mates license. It also turns out the that pilot of another DRD tugboat, the Ruby E., also had only an apprentice mates license when that vessel sank on July 18, only a few miles from last weeks spill.

Yesterday, it was learned that DRD had failed a safety audit in May, and was facing probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

Yesterday at a news conference, Paul Book, vice president of operations facilities for American Commercial Lines Inc. affirmed that his company would take responsibility for the cost of the oil spill cleanup. However, Book said American Commercial Lines was not responsible for the incident that caused the spill. "We were not the operator of the towing vessel nor the operator of the ship," Brook said.

Coast Guard Capt. Lincoln Stroh, the port captain in New Orleans, who also attended the news conference, would not comment on who was to blame for the collision that led up to the spill. "American Commercial Line has stepped forward as being responsible for the spill cleanup, not responsible for the incident," Stroh said. "The investigation will clearly establish fault at a later date, but that's not a place to go right now."

Separately, in a filing with the Securities and Exchange Commission, American Commercial Lines denied blame for the accident because the barge was controlled entirely by the Mel Oliver. In the filing, American Commercial Lines also confirmed it had been named in three class action lawsuits related to the oil spill. The company says it is seeking exoneration from the lawsuits, or limited liability.

Mississippi River Oil Spill Towing Company Had Spotty Safety Record

Tue, 29 Jul 2008 00:00:00 -0700

An inexperienced pilot was operating another tugboat owned by the same towing company involved in last week's Mississippi River oil spill when it sank 11 days earlier. According to the New Orleans Times-Picayune, that company, DRD Towing out of Harvey Louisiana, had also failed a May safety audit and faces probation or revocation from the American Waterways Organization, a national trade association for the tugboat, towboat and barge industry.

The Mississippi River oil spill occurred when a 600-foot tanker and a barge loaded with fuel collided. The spill occurred about 1:30 a.m. central time last Wednesday near the Crescent City Connection, a pair of New Orleans bridges. The barge split in half, spilling more than 419,000 gallons of tar-like oil into the river. The barge’s owner, American Commercial Lines, immediately took responsibility for the oil spill.

The ill-fated barge was being pushed by the tugboat the Mel Oliver. Last week, the US Coast Guard determined that no one on the Mel Oliver had the proper licensing for piloting a tugboat. The operator on the Mel Oliver at the time of the collision had only an apprentice mate’s license, and no one else on the barge had a license. To legally pilot a tugboat, an operator is required to have a master’s license.

Now it turns out that the pilot of the Ruby E., another DRD tugboat that sank on the Mississippi River on July 18th just four miles from last week's collision was also being piloted by an apprentice mate. Three days ago, the Coast Guard had said that the Ruby E.'s crew was properly licensed, but has since issued a correction.

So far, the Coast Guard has refused to release further details about its investigation the Ruby E. sinking, or the oil spill. Officials from DRD have also not returned the Times-Picayune's calls requesting comment.

Meanwhile, those who make their living on the Mississippi River near New Orleans got a bit of good news today, as the river was reopened to traffic. It had been closed since the oil spill, and at least 200 vessels were backed up as a result. According to The Times-Picayune, the Coast Guard allowed an additional 60 ships to travel through the 100-mile closed section of the Mississippi River yesterday, and officials expect the river to be fully reopened to commerce by the end of Tuesday.

However, the Coast Guard is still maintaining a "safety zone" where ships will be cleaned before heading north or south of the closed zone, and vessels will have to travel slowly to avoid impacting the cleanup effort. Majors tankers and large ships will be allowed through the zone first, but it could be several days before all barges and smaller vessels are cleared through the area.

Last week, officials from the Port of New Orleans said that the port was losing at least $100,000 in revenue every day it stayed shut. That figure, however, does not include income lost by the thousands of people who rely on the port to make their living.

The sunken barge, still leaking oil, has been secured against the Crescent City Connection Bridge. The Coast Guard is working on a plan to remove the remaining oil from the barge, so that it can be removed from the river. Removal of the barge is at least several days away.

Despite the river being reopened to some traffic, cleanup of the spill is far from over. So far, only 72,000 gallons out of the more than 400,000 spilled have been cleaned up. It could be weeks before the cleanup is completed

Mississippi River Oil Spill Tugboat Company Involved in Another Accident Days Before

Mon, 28 Jul 2008 00:00:00 -0700

Last week's Mississippi River oil spill was not the first incident involving the towing company that operated a tugboat involved in the disaster. In fact, another tugboat owned by DRD Towing of Harvey, Louisiana sank on the Mississippi River just 11 days before last Wednesday's incident.

The Mississippi River oil spill occurred when a 600-foot tanker and a barge loaded with fuel collided. The spill occurred about 1:30 a.m. central time Wednesday near the Crescent City Connection, a pair of New Orleans bridges. The barge split in half, spilling more than 419,000 gallons of tar-like oil into the river. The barge’s owner, American Commercial Lines, immediately took responsibility for the oil spill.

The ill-fated barge was being pushed by the tugboat the Mel Oliver. Last week, the US Coast Guard determined that no one on the Mel Oliver had the proper licensing for piloting a tugboat. The operator on the Mel Oliver at the time of the collision had only an apprentice mate’s license, and no one else on the barge had a license. To legally pilot a tugboat, an operator is required to have a master’s license.

According to the New Orleans Times-Picayune, on July 12, another DRD tugboat, the Ruby E., sank four miles up river from last weeks oil spill after colliding with another ship. Unlike the accident that spawned the Mississippi River oil spill, all of the crew on the Ruby E. was properly licensed, and the tugboat was not towing any cargo when it sank. Three crewmembers were on board the Ruby E. when it went down, but all were rescued without injury. Investigators have not released the names of the crew on either vessel, so it is not known if any crewmembers had been working on both ships at the time of either accident.

Meanwhile, cleanup crews continue their efforts to remove oil from last week's accident from the Mississippi River. Almost 800 cleanup workers used containment booms, vacuum skimmers and other equipment over the weekend to scrub oil-coated riverbanks.

As many as 150 ships and barges have been stranded because of the Mississippi River oil spill. According to the Times-Picayune, fifty vessels were allowed to move inside the spill zone Saturday, up from only four Friday. Two cleaning stations have been set up for ships leaving the spill zone, one at New Orleans and the other near the mouth of the river. As of Saturday afternoon, three ships had been allowed to pass into the Gulf of Mexico, and another was able to leave the zone's northern end. Another 10 ships were cleared to leave the zone once they are cleaned.

The owner of the barge, American Commercial Lines, has admitted responsibility for the Mississippi River oil spill, and so far, has paid for the cleanup. Whichever boat is ultimately found liable for the oil spill will have to work out the expenses under a "polluter pays" system established after the catastrophic 1989 Exxon Valdez oil spill. So far, the final cost for the Mississippi River oil spill has not been determined. However, the cleanup costs for similar tanker spills averages around $23 million, according to the Government Accountability Office.

Mississippi River Oil Spill Almost 100 Miles Long, Barge Still Leaking

Fri, 25 Jul 2008 00:00:00 -0700

The slick from the oil spill that occurred Wednesday on the Mississippi River in New Orleans now spans nearly 100 miles to the Gulf of Mexico. The barge involved in the spill is still leaking heavy fuel oil into the river, and officials in New Orleans have characterized the incident as the city's worst oil spill in a decade. Concerns are rising that the toxic oil could soon endanger wildlife in the Delta National Wildlife Refuge down stream.

The Mississippi River oil spill occurred when a 600-foot tanker and a barge loaded with fuel collided. The spill occurred about 1:30 a.m. central time Wednesday near the Crescent City Connection, a pair of New Orleans bridges. A smell which many people thought was diesel was noticeable in the French Quarter and parts of New Orleans’ central business district. The barge split in half, spilling more than 419,000 gallons of tar-like oil into the river. The barge’s owner, American Commercial Lines, immediately took responsibility for the oil spill.

Two days after the spill, fumes from the fuel oil can still be smelled throughout New Orleans and up and down the river. Despite the acrid odor, health officials say the fumes pose no respiratory risks to residents.

The Mississippi River is still closed to boat traffic from the Gulf to New Orleans. The Port of New Orleans is said to be loosing at least $100,000 in revenue for each day the river is shut down.

As the oil slick continues to move downstream, there is a great deal of concern about its impact on the Delta National Wildlife Refuge. According to The New York Times, tens of thousands of feet of the plastic booms had already been put in place around the refuge. Thursday. If the oil flows through the main pass, or outlet, and on into the Gulf of Mexico, the effect will be limited; but if it seeps into the secondary passes, there is a more serious risk to the environment.

There was also concern about the environmentally sensitive marshes the river empties into downstream. When it goes down to the area where there are no longer levees, it gets into the swamp,” said Wilma Subra of the Louisiana Environmental Action Network told The New York Times. “It’s going to contaminate the marsh.”

Subra told The New York Times that there have been unconfirmed reports of dead fish and birds being found downstream, as well as reports of people vomiting.

The investigation into the oil spill is ongoing. The Coast Guard has determined that no one on the tug boat pushing the leaking barge had the proper licensing for piloting a tugboat, but no blame has been assigned yet for the accident.

Officials say it could be weeks before the oil spill clean up is complete.

Mississippi River Oil Spill Followed by Run on Bottled Water in NOLA

Fri, 25 Jul 2008 00:00:00 -0700

Despite assurances that New Orleans' water is safe to drink following Wednesday's Mississippi River oil spill, many residents aren't taking any chances and have opted to buy bottled water while the clean-up continues. Meanwhile, the US Coast Guard, with assistance from the National Transportation Safety Board has begun a formal investigation of the incident.

Following the spill, New Orleans officials said that water for neighborhoods on the east bank of the Mississippi River was safe to drinks, as intakes for those areas were upstream from the oil slick. After shutting down intakes downriver that serve the city's Algiers area, officials announced that they were open again, and that water drawn from the oil-polluted river was being subjected to an extra cleaning step to rid it of contaminants. The city has insisted that water going through that process has tested free of toxins and other contaminants.

Despite such assurances, Algiers residents emptied store shelves of bottled water Thursday, while some restaurants closed or cut back menus. One resident told The Times-Picayune that Mayor Ray Nagin's recent statements that Algiers residents use city water in "moderation" had made some skeptical of claims that the supply is safe.

"The mayor's saying, 'Drink the water in moderation,' so does that mean I'm going to get moderately sick?" said Ed Moise, an Algiers restaurant owner. "Or are my guests going to get moderately sick?"

The Coast Guard has begun a formal investigation of the Mississippi River oil spill, even as oil from the barge involved continues to seep into the river. The Coast Guard has already confirmed that the tug boat pushing the barge did not have an adequately licensed pilot.

Paul Book, vice president of operations with barge owner American Commercial Lines Inc. of Jeffersonville, Ind., told The Times-Picayune that he hopes to be able to submit a salvage plan to the Coast Guard sometime today, following an assessment by divers.

Mississippi River Oil Spill Barge Pilot Not Properly Licensed

Thu, 24 Jul 2008 00:00:00 -0700

An oil spill on the Mississippi River that released thousands of gallons of heavy oil near New Orleans has shut down the river to traffic, all the way to the Gulf of Mexico. According to the US Coast Guard, the tug boat that was pushing a barge involved in the spill lacked a properly licensed pilot.

The Mississippi River oil spill occurred when a 600-foot tanker and a barge loaded with fuel collided. The spill occurred about 1:30 a.m. central time near the Crescent City Connection, a pair of New Orleans bridges. A smell which many people thought was diesel was noticeable in the French Quarter and parts of New Orleans' central business district. The barge split in half, spilling more than 419,000 gallons of tar-like oil into the river. Officials in New Orleans said that the barge spilled nearly all of the fuel oil it was carrying. The barge's owner, American Commercial Lines, immediately took responsibility for the oil spill.

According to "The Times-Picayune", The Coast Guard has closed the river from mile marker 97 in New Orleans to Southwest Pass --where the river empties into the Gulf of Mexico. The closure is meant to help contain the spill. The river could be closed for days or weeks as workers try to remove the oil from the river. As the spill moves south, it is hoped that the Coast Guard will be able to open more locks to allow the traffic to move downriver.

The Port of New Orleans expects to loose $100,000 for every day the river is closed. That figure, however, does not take into account losses sustained by private businesses such as terminal operators and tug boat operators.

New Orleans and surrounding parishes draw their fresh water supply from the Mississippi River. For now, officials say water is safe to drink. Communities downriver from the spill have shut off their intakes to prevent the oil from contaminating supplies. Testing of water in New Orleans has turned up no contaminants. However, residents in the Algiers section of the city have been urged to use water in moderation, until independent testing confirms the city's findings.

During a news conference in New Orleans, Coast Guard spokesman Stephen Lehmann said the tugboat operator pushing the barge had only an apprentice mate's license, and no one else on the barge had a license. To pilot a tugboat, the operator should have had a master's license, Lehmann said. The tug is operated by DRD Towing Co., LLC, of Harvey of Harvey, Louisiana.

Officials from the state environmental department were working to contain the spill to prevent it from going further down river. Contractors have set up oil booms at several of the major openings into an environmentally sensitive marsh and a National Wildlife Refuge. The impact the oil spill had on wildlife is not yet apparent.

Mississippi River Oil Spill Lawyers Economic Loss Attorney Claims Lawsuit

Thu, 24 Jul 2008 00:00:00 -0700

Mississippi River Oil Spill Lawyers

Keywords: Mississippi River Lawyers Oil Spill Attorneys Economic Loss Lawsuit Claims

Information Regarding Mississippi River Damage Claims

Breaking News:
Parker Waichman Alonso LLP has filed suit on behalf of two New Orleans residents who suffered damages as a result of the Mississippi River oil spill that occurred on July 23, 2008

The lawyers and attorneys at our firm are offering FREE consultations to anyone who suffered either property or economic loss or business interruption as a result of the Mississippi River oil spill that occurred near New Orleans on July 23, 2008.

If you had property damage, business interruption or any type of economic loss / hardship caused by this accident please fill out the form (on the right) or call 800-LAW-INFO for a Free Immediate Consultation.

While oil spills may be contained and cleaned up within days or weeks of their occurrence, the consequences of oil spills can last much longer. The cost in lost business, property damage and illnesses caused by accidents like the Mississippi River oil spill can easily reach billions of dollars. Toxic oil can leach into the soil and ground water of a community, poisoning residents for years to come. The toxic fumes emitted by oil spills can injure people living nearby, especially the very young and very old.

The Mississippi River Oil Spill

The Mississippi River oil spill occurred when a 600-foot tanker and a barge loaded with fuel collided. The spill occurred about 1:30 a.m. central time near the Crescent City Connection, a pair of New Orleans bridges. A smell which many people thought was diesel was noticeable in the French Quarter and parts of New Orleans' central business district.

The tanker was fully manned with a crew of 22 and was heading downriver when it T-boned the barge. The barge split in half, spilling more than 419,000 gallons of tar-like oil into the river. The double-hulled tanker Tintomara was loaded with about 4.2 million gallons of biodiesel and nearly 1.3 million gallons of styrene, but was not leaking.

The barge's owner, American Commercial Lines, immediately took responsibility for the accident. It is the intention of our oil spill injury lawyers to make sure that American Commercial Lines fully compensates all individuals and businesses that have been adversely affected by this mishap.

The safety of the New Orleans water supply was one of the most pressing concerns following the oil spill. Officials in New Orleans said the fresh water intake for New Orleans' west bank was below the spill, but the New Orleans Sewerage and Water Board reported it had enough water stored to last a day to a day and a half. It was hoped that would be enough time for the spill to clear the area without endangering the water quality. All water intakes and sensitive environmental areas downriver from the spill were boomed off to keep the toxic fuel oil out. People living in Algiers, Gretna, St. Bernard and Plaquemines Parish were asked to conserve water.

As a result of the oil spill, the coast guard shut down a 29 mile stretch of the nation's most important waterway. Multiple oil clean-up crews were called in to clean the spill. Officials said the clean-up would take days and involve about 200 workers using booms and skimmers to remove the toxic chemicals.

Long Term Impact of Oil Spills

The oil spill injury lawyers at our firm have seen how incidents like the Mississippi River oil spill can devastate communities. Oil spills are one of the worst environmental disasters, causing both short-term and long-term pollutant side effects. Consequences of oil spills include dead and dying wildlife, tarred beaches, damaged fisheries and contaminated water supplies.

Fuel oil contains numerous materials that pose both short-term and long-term dangers to humans, including benzene and chemicals called polycyclic aromatic hydrocarbons, or PAHs. Short-term exposure to benzene causes dizziness and nausea, and long-term exposure has been linked to leukemia and other maladies, according to the EPA. The EPA says some PAH chemicals are carcinogens.

Exposure to high levels of petroleum products, such as the fuel oil released during this accident, can cause health effects, primarily on the nervous and respiratory systems. People who inhaled elevated air levels of fuel oil vapors for short periods of time have experienced nausea, increased blood pressure, eye irritation, headaches, light-headedness, and poor coordination. Longer term exposure to elevated levels of fuel oil vapors can cause similar effects on the nervous and respiratory systems and may also affect the blood, liver and kidneys.

Oil or other petroleum products that come in contact with the skin may cause irritation and blistering in some people. The elderly, the very young, and people with respiratory diseases may be especially sensitive to the effects of inhaling petroleum vapors. Long-term exposure to petroleum product vapors should be minimized to the extent practical. If petroleum odors are present, measures to reduce long-term exposures should be considered.

Legal Help for Victims of the Mississippi River Oil Spill

If you or a loved one suffered physical injury and/or economic damages as a result of the July 2008 Mississippi River oil spill, you have valuable legal rights. Please fill out our online form or call 1-800-LAW-INFO (1-800-529-4636) to discuss your case with one of our experienced oil spill injury lawyers.