NOLA lawyer prepares challenge to declaration of Gulf seafood’s safety

By Stephen C. Webster
Tuesday, December 28, 2010 16:32 EDT

An environmental law firm in New Orleans said it was preparing to challenge the government’s public declaration that following the nation’s worst-ever oil disaster, seafood from the Gulf of Mexico remained safe to eat.

Stuart H. Smith, Esq., of the law firm Smith Stag, LLC., was leading the charge, rallying additional litigants to his side through a website called Oil Spill Action.

He’s the attorney who secured a verdict awarding over $1 billion over the radium contamination of leased land due to oil drilling.

“Mr. Smith’s litigation experience includes a lawsuit against Ashland Oil for contaminating the Lee aquifer, once one of the largest sources of fresh water for residents in eastern Kentucky,” his self-published bio claims. “He also sued Chevron Corporation for damages associated with that company’s contamination of the groundwater in the rural town of Brookhaven, Mississippi. His firm also represents clients injured by chemicals and defective drugs.”

One of the toxicologists on Smith’s litigation team pursuing BP was Dr. William Sawyer, who Raw Story spoke with in November.

Even then, he was calling the Food and Drug Administration’s safety test “little more than a farce.”

“They did not test the [total petroleum hydrocarbons] (TPH) in their samples,” he said, calling his testing methodologies a much more comprehensive way of examining compounds present in seafood when compared to the Food and Drug Administration (FDA) tests.

Dr. Sawyer added that some of his test samples came from seafood on its way to market, pulled from waters that had only recently been classified as safe for commercial fishing activities.

“The sensory test employed by the FDA detects compounds that are volatile that have an odor; we’re detecting compounds that are low volatility and are very low odor,” he added. “We found not only petroleum in the digestive tracts [of shrimp], but also in the edible portions of fish. We’ve collected shrimp, oysters and finned fish on their way to marketplace — we tested a good number of seafood samples and in 100 percent we found petroleum.”

The FDA says up to 100 parts-per-million (PPM) of oil and dispersant residue is safe to consume in finned fish, and 500-PPM is allowed for shellfish.

Adding up the claims

“We are in the process of working up the damage claims on behalf of our clients and hoping to present those as soon as we can because the people need relief now,” Smith told Raw Story on Tuesday.

“We represent everything from seafood retailers to shrimpers to crabbers to real estate developers,” he said, noting that damages to be claimed will be “all over the place.”

The claims were to target firms responsible for the oil spill, including BP, Transocean, Anadarko Petroleum, MOEX Offshore and Halliburton. Smith’s clients included the United Commercial Fisherman’s Association, among others.

“They want to see if they can get full recovery,” Smith said. “Our job at this point is to build the damage claims, find out what it costs these businesses, what sort of environmental damages occurred and how much it’ll cost to undo. Once we have all that, and we’re pretty close, we’ll sit down with them and see if we can get a deal. If not, we’ll see them in court.”

He added that his firm was “continuing to be retained by litigants with damage claims” related to the oil spill, and that observers could expect further litigation as cases develop.

Smith’s efforts were noticed by MSNBC, which covered the gathering challenge to the government’s declaration in a Monday feature by reporter Kari Huus.

Huus, who also spoke to Dr. Sawyer, noted that the Natural Resources Defense Council (NRDC) shared his concern that the FDA’s testing is inadequate. MSNBC similarly reached out to Dr. Susan Shaw, who Raw Story also spoke to in November.

Shaw, a marine toxicologist at the Marine Environmental Research Institute in Blue Hill, Maine — who was not involved in Smith’s litigation — said that all the various components of crude oil “can damage every organ” in the human body.

“There is no safe level of exposure to this oil, because it contains carcinogens, mutagens that can damage DNA and cause cancer and other chronic health problems,” she told Raw Story. “Many people in the Gulf have been exposed for months — not just workers but residents. There are hundreds of health complaints from local people with symptoms that resemble symptoms of oil exposure. It will be years, possibly decades, before we understand the extent and nature of the health effects caused by this spill.”

The initial effects of oil toxicity from ingestion include headaches, nausea, fatigue and rapid changes in mental state. It is unclear whether regular consumption of oil-tainted seafood would sicken a person, how quickly its symptoms would begin to show, or in what ways they would manifest.

Scientists with the US Geological Survey and US Department of Energy estimate BP spilled at or near 4.9 million barrels — or approximately 666,400 metric tons of crude — making BP’s 2010 Gulf spill the worst accidental release of oil in human history.

Stephen C. Webster

Stephen C. Webster is the senior editor of Raw Story, and is based out of Austin, Texas. He previously worked as the associate editor of The Lone Star Iconoclast in Crawford, Texas, where he covered state politics and the peace movement’s resurgence at the start of the Iraq war. Webster has also contributed to publications such as True/Slant, Austin Monthly, The Dallas Business Journal, The Dallas Morning News, Fort Worth Weekly, The News Connection and others. Follow him on Twitter at @StephenCWebster.

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Anonymous

We knew they were lying on this one. And now they want to make it mandatory on the menu for the Troops. Oh well, it wouldn’t be the first time our govt. used soldiers as guinea pigs.
Anonymous

We knew they were lying on this one. And now they want to make it mandatory on the menu for the Troops. Oh well, it wouldn’t be the first time our govt. used soldiers as guinea pigs.
Anonymous

We knew they were lying on this one. And now they want to make it mandatory on the menu for the Troops. Oh well, it wouldn’t be the first time our govt. used soldiers as guinea pigs.
Anonymous

You would have to be a mad man to knowingly eat oil/corexit contaminated sea food. I feel for the people who rely on fishing for a living, but they’re contributing to this mess by selling their food (knowing that it is poisoning people).
Anonymous

You would have to be a mad man to knowingly eat oil/corexit contaminated sea food. I feel for the people who rely on fishing for a living, but they’re contributing to this mess by selling their food (knowing that it is poisoning people).
Anonymous

You would have to be a mad man to knowingly eat oil/corexit contaminated sea food. I feel for the people who rely on fishing for a living, but they’re contributing to this mess by selling their food (knowing that it is poisoning people).
http://topsy.com/www.rawstory.com/rs/2010/12/nola-lawyer-mounts-legal-challenge-declaration-gulf-seafoods-safety/?utm_source=pingback&utm_campaign=L2 Tweets that mention NOLA lawyer prepares challenge to declaration of Gulf seafood’s safety | Raw Story — Topsy.com

[...] This post was mentioned on Twitter by The Raw Story, US Reality Check and others. US Reality Check said: NOLA lawyer prepares challenge to declaration of Gulf seafood’s safety: An environmental law firm in New … http://bit.ly/f63IGj rs #P2 [...]
http://profiles.yahoo.com/u/U3ZIUVQLDOXTHOLCLGSR6NHCYM Camma

No more guilt about eating natural farm raised shrimp from Vietnam!
Anonymous

Always read the label when purchasing fish and shellfish. It is supposed to tell you where the product originated from. If you value the health of your family DO NOT buy products originating from China and sadly now, the Gulf of Mexico. I know the folks who make their living at fishing in the Gulf region are having a bad time right now because of the BP Oil disaster, but unfortunately you can’t risk your life or the life of your children to save theirs.
http://twitter.com/jerseyblueboy Karim Walker

If the shrimp is safe to eat, then the major fisheries will have no problem feeding this crap to their kids and grandkids. FAIL.
Anonymous

There are some American’s out there that will eat it because they government said it was ok. They don’t know any better – I for one will be avoiding all shell-food when I travel east. Northern Cali food is still good as far as I know.
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

It will be a cold fucking day in hell that I will EVER EVER eat gulf seafood.
Tom

Well this Klingon for one is more than happy to do battle with a Romulan any day, but there aint no way in hell Im going any where near a gulf coast shrimp…
Anonymous

That only works until it is aggregated, which is perfectly legal…
Anonymous

There are a heck of a lot of people that would rather believe *any* authority on just about *any* topic. Whole sections of the country, I’d garner…
Anonymous

There are a heck of a lot of people that would rather believe *any* authority on just about *any* topic. Whole sections of the country, I’d garner…
Anonymous

There are a heck of a lot of people that would rather believe *any* authority on just about *any* topic. Whole sections of the country, I’d garner…
Anonymous

I just hope that Stuart H. Smith, Esq., of the law firm Smith Stag, LLC also has some sort of test data from before the spill showing low to zero levels, otherwise BP’s lawyers will eat him for breakfast with some cocktail sauce on the side…
Anonymous

I just hope that Stuart H. Smith, Esq., of the law firm Smith Stag, LLC also has some sort of test data from before the spill showing low to zero levels, otherwise BP’s lawyers will eat him for breakfast with some cocktail sauce on the side…
Anonymous

I just hope that Stuart H. Smith, Esq., of the law firm Smith Stag, LLC also has some sort of test data from before the spill showing low to zero levels, otherwise BP’s lawyers will eat him for breakfast with some cocktail sauce on the side…
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

I have a real bad feeling they are gonna be eating alotta gulf seafood in US prisons …
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

I have a real bad feeling they are gonna be eating alotta gulf seafood in US prisons …
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

I have a real bad feeling they are gonna be eating alotta gulf seafood in US prisons …
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

FASCISM
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

FASCISM
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

FASCISM
tironeshoolaces

make sure you avoid seafood from asian cuisine buffets etc…..
tironeshoolaces

make sure you avoid seafood from asian cuisine buffets etc…..
Anonymous

SS basically spent his entire career working on the Harvey contamination case, which he won quite handily. I suspect that his ducks are in a row, or at least close enough that BP will settle.
Anonymous

SS basically spent his entire career working on the Harvey contamination case, which he won quite handily. I suspect that his ducks are in a row, or at least close enough that BP will settle.
Anonymous

I feel really sorry for the working folks down there. They have been totally abandoned by the Govt. I don’t like seafood anyway, so it’s no problem for me, but for the folks who do like shrimp, etc. it’s a major problem. I kind of think the oil is still spewing somewhere underneath the surface, but who would tell us? BP? Ha. The Feds? HaHa.
Anonymous

I feel really sorry for the working folks down there. They have been totally abandoned by the Govt. I don’t like seafood anyway, so it’s no problem for me, but for the folks who do like shrimp, etc. it’s a major problem. I kind of think the oil is still spewing somewhere underneath the surface, but who would tell us? BP? Ha. The Feds? HaHa.
Anonymous

We used to eat some seafood once or twice a week and chicken some. Then the diseased chicken quarantine was lifted and the held up chicken allowed to flood the market so we no longer eat chicken. Then the Gulf oil spill. Yesterday we were shopping for seafood but most labels did not tell where it is from or it was from farms in Indonesia. We decided to become vegetarians.
Anonymous

We used to eat some seafood once or twice a week and chicken some. Then the diseased chicken quarantine was lifted and the held up chicken allowed to flood the market so we no longer eat chicken. Then the Gulf oil spill. Yesterday we were shopping for seafood but most labels did not tell where it is from or it was from farms in Indonesia. We decided to become vegetarians.
Anonymous

With the use of antibiotics, growth hormones, flouridation, chlorination, pesticides, and genetic modification. We are all, one big Mengele, laboratory.

And the Republicans are going to start the year attacking EPA and FDA.
Anonymous

With the use of antibiotics, growth hormones, flouridation, chlorination, pesticides, and genetic modification. We are all, one big Mengele, laboratory.

And the Republicans are going to start the year attacking EPA and FDA.
Anonymous

With the use of antibiotics, growth hormones, flouridation, chlorination, pesticides, and genetic modification. We are all, one big Mengele, laboratory.

And the Republicans are going to start the year attacking EPA and FDA.
http://www.facebook.com/people/Peter-Bailey/1083393808 Peter Bailey

Giant corporation poisons millions…. (crickets). Yawn, I wonder what Britney’s doing?
http://www.facebook.com/people/Peter-Bailey/1083393808 Peter Bailey

Giant corporation poisons millions…. (crickets). Yawn, I wonder what Britney’s doing?
http://www.facebook.com/people/Peter-Bailey/1083393808 Peter Bailey

Giant corporation poisons millions…. (crickets). Yawn, I wonder what Britney’s doing?
http://pulse.yahoo.com/_NVKAE5H6DBXJ6SO7MAHH4YUL3A CD

I used to work as an environmental geologist in northern California, working to remediate soil and groundwater pollution resulting from “unauthorized releases” at retail gas stations and industrial sites, I witnessed some truly grotesque stuff in the soil and floating on groundwater.

The state of California has set water quality objectives for TPH-gasoline and TPH-diesel at a maximum concentration in groundwater at 50 parts per billion (i.e. 0.05 parts per million) in aquifers where ground water is NOT consumed by humans. In Shasta County, the city of Redding in particular (a location where aquifer water is consumed), the water quality objective was (if I remember correctly) 15 ppb (or 0.015 ppm).

Compare that to the “safe” concentration of “up to 100 parts-per-million (PPM) of oil and dispersant residue is safe to consume in finned fish, and 500-PPM is allowed for shellfish.”

YIKES!!!! I’m not sure how that stuff does not absolutely REEK of petroleum, it would make me gag.
Tom

Thanks for giving us all a good perspective of the level of contamination.
Anonymous

test…
Anonymous

test…
Anonymous

test…
Anonymous

500 ppm equates to one half gram per kilogram of fish consumed. For those that are heavy shellfish consumers they may be getting an ounce, or more, of oil/dispersant every year.

An ounce of Corexit per year keeps the Medical Industry in high gear!
Anonymous

500 ppm equates to one half gram per kilogram of fish consumed. For those that are heavy shellfish consumers they may be getting an ounce, or more, of oil/dispersant every year.

An ounce of Corexit per year keeps the Medical Industry in high gear!
http://jammer5spolyrant.wordpress.com/ Jammer5

You failed.
http://jammer5spolyrant.wordpress.com/ Jammer5

You failed.
Anonymous

If the lawyer believes that seafood is OK then let’s see him eat some.
Anonymous

If the lawyer believes that seafood is OK then let’s see him eat some.
http://pulse.yahoo.com/_UCWMQ7C2PSZNVMMZOEF4JHKI5I Michael

We already have a very valuable and accurate model that one can use to extrapolate the projected problems for the Gulf region. The Prince William Sound. The Exxon Valdez oil spill disrupted EVERYTHING there! The damages of that spill are still in motion, the Sound is still contaminated with petroleum pollution and probably will never return to it’s previous condition prior to the Exxon/Valdez oil spill. Commercial fishing is no longer a contributor for the sounds economy. It is literally history. The people who worked on the cleanup of Exxon’s mess have suffered for doing so. Corexit was used there as well and all the people who were directly involved in its distribution into the environment are DEAD! Do some looking into it, it’s literally a nightmare to study. Cancer, chronic disorders, sudden unexplained death and toxin related injury are all elevated in that region. You can go there today, push your arm down into the sand at low tide and it’ll be covered in a greasy emulsion of crude oil and clay when you pull your arm back out. What we are going to see from the Gulf is going to be exponentially worse in every area. The crude from the Gulf is not much different from the crude that spilled from the Valdez. So it stands to reason, scale up the known damages done by the Exxon/Valdez oil spill (which are literally so vast and extensive they’re uncountable.) and we can at least then begin to prepare for what we are going to see in the next 20 or 30 years happening in the Gulf region. It’s so much bigger and pervades so much more of the world’s ocean currents that our ability to predict accurately is quite diminished when one wants to ponder what the global consequences of BP’s attempted ecocide are going to be!
hounddogg

so did your parents…
TheDevilCanDance

Easy for you to say. Doggie. you don’t have parent & you don’t consume sea foods……:)
SnobsandBitches

Nice try.You give us all ( Mods) a pretty bad name….:)
Anonymous

I will feel sorry for these assholes when they stopping putting Republicans in office. You get the govt and environment you deserve.
hounddogg

i love tuna…
Anonymous

Just you wait. Smith will get ‘POPPED’ and Americans will sit by, let it happen and DO NOTHING! This nation has become more of a Moral & Ethical cesspool and pit of pollution since 1980 than the GULF!
Anonymous

Obama should feed it to his family too.

Obama: Gulf Seafood is Delicious, Safe to Eat
by Helena Bottemiller | Jun 16, 2010

http://www.foodsafetynews.com/2010/06/obama-gulf-seafood-is-delicious-safe-to-eat/
Anonymous

Obama should feed it to his family too.

Obama: Gulf Seafood is Delicious, Safe to Eat
by Helena Bottemiller | Jun 16, 2010

http://www.foodsafetynews.com/2010/06/obama-gulf-seafood-is-delicious-safe-to-eat/
http://ispey.com/bizarre/bizarre/nola-lawyer-prepares-challenge-to-declaration-of-gulf-seafood%e2%80%99s-safety/ NOLA lawyer prepares challenge to declaration of Gulf seafood’s safety · Bizarre – Oddities

[...] Original post: NOLA lawyer prepares challenge to declaration of Gulf seafood’s safety [...]
http://jammer5spolyrant.wordpress.com/ Jammer5

Ahhh . . . mercury . . . that explains everything.
Anonymous

Man oh man….am I going to give that doctor of mine a piece of my mind…he has me taking fish oil everyday. Can I join in on the lawsuit?
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

… the air is safe to breath at the WTC 9/11
… flight 800′s fuel tank blew
… Santa Clause is real
… the tooth fairy
http://draketoulouse.com/2010/12/29/who-do-you-trust/ Who do you trust? « Disenfranchised Citizen

[...] Course then there’s this: [...]
Anonymous

Don’t forget about jebus
Anonymous

Better not have the law students at Tulane help out on this, or BP will cut their funding out.
Anonymous

and still, no accountability for the crimes…!
http://pulse.yahoo.com/_BGFTKPLDWV6GGC4UBXLLGTKJCE John

Don’t forget Obama’s epic swim in the Gulf! C’mon in the water is fine! And Mission Accomplished!
http://pulse.yahoo.com/_BGFTKPLDWV6GGC4UBXLLGTKJCE John

Don’t forget Obama’s epic swim in the Gulf! C’mon in the water is fine! And Mission Accomplished!
Anonymous

Thank you for remembering TWA & the set up that put them out of business.
Anonymous

Thank you for remembering TWA & the set up that put them out of business.
Anonymous

Thank you for remembering TWA & the set up that put them out of business.
Anonymous

We must keep the masses amused.
Anonymous

Well I am just surprised that phrase of a smell test the state of Louisiana paraded out in front of the press last summer didn’t work. I don’t have smellavision, but that dog and pony show smelled fishy from where I was sitting.
Anonymous

Exactly – we can not support our local fishermen here on the Gulf Coast by eating contaminated seafood.
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

Kitty, would ya consider going vegetarian ?

Fancy “last” Feast …………
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

Kitty, would ya consider going vegetarian ?

Fancy “last” Feast …………
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

Fascism ~ only the common folk are held responsible………
(or scapegoated)
http://www.youtube.com/watch?v=y_PZPpWTRTU Bamboo_Harvester

Fascism ~ only the common folk are held responsible………
(or scapegoated)
http://www.thereviewqueen.com/video-game-reviews/nugget-from-the-net-the-game-boy-that-survived-the-gulf-war/ The Review Queen

Nugget From The Net: The Game Boy That Survived The Gulf War…

I found your entry interesting thus I’ve added a Trackback to it on my weblog :)…
http://pulse.yahoo.com/_LGQTJIEX2JC5NU7CUYQADICNCQ Kimmer

I hope he isn’t planning on flying any time soon.
http://searching4answers.com/2010/12/29/video-shark-fishing-in-the-gulf-with-captain-jimbo-hail Searching4Answers.com

VIDEO: Shark fishing in the Gulf with Captain Jimbo Hail…

Thank You ! Your Article has been added to My Website. Thank You :)…
http://oilspillaction.com/seafood-safety-challenges-gain-momentum-and-intensity “Seafood Safety” Challenges Gain Momentum and Intensity | oilspillaction.com

[...] BP Oil Spill';mt_contents[16]='BP's spill costs look manageable 8 months later';mt_contents[17]='NOLA lawyer prepares challenge to declaration of Gulf seafood’s safety';mt_contents[18]='Panel challenges Gulf seafood safety all-clear';mt_contents[19]='Gulf oil spill [...]
http://oilspillaction.com/could-gulf-spill-costs-kill-bp-not-likely-but-there-are-some-significant-unknowns Could Gulf Spill Costs Kill BP? Not Likely, But There Are Some Significant Unknowns | oilspillaction.com

[...] BP Oil Spill';mt_contents[16]='BP's spill costs look manageable 8 months later';mt_contents[17]='NOLA lawyer prepares challenge to declaration of Gulf seafood’s safety';mt_contents[18]='Panel challenges Gulf seafood safety all-clear';mt_contents[19]='Gulf oil spill [...]
http://www.fsonews.com/world/asia/china-to-cut-exports-of-rare-earth-minerals/ Fast Online news

China to cut exports of rare earth minerals…

I found your entry interesting do I’ve added a Trackback to it on my weblog :)…
http://pdxretro.com/2010/12/russ-tamblyns-76th-birthday-today/ PDX RETRO

RUSS TAMBLYN’S 76th BIRTHDAY TODAY…

I found your entry interesting thus I’ve added a Trackback to it on my weblog :)…
http://www.thereviewqueen.com/video-game-reviews/game-dev-story-on-sale-for-75-percent-off/ The Review Queen

Game Dev Story On Sale For 75 Percent Off…

I found your entry interesting thus I’ve added a Trackback to it on my weblog :)…
http://whattoweartoaclub.com/2010/12/30/panties-preachers WhatToWearToAClub.com

Panties & Preachers…

Thank You ! Your Article has been added to My Website. Thank You :)…
http://downloadyoutube.xp3.biz/tim-mcgraw-dont-take-the-girl-music-video-lyrics-in-description.html Download YouTube

Tim McGraw: Don’t take the girl – music video (lyrics in description)…

I found your entry interesting thus I’ve added a Trackback to it on my weblog :)…

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