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BP Attempts to Settle Fines with United States Government

Amaro Law Firm — Wed, 15 Feb 2012 21:40:00 GMT

According to reports, British Petroleum is negotiating with U.S. officials to settle pollution citations over the 2010 Gulf Coast oil spill. Legal experts have said the company could be liable for as much as $17.6 billion dollars in fines. Government officials have cited the oil company with violations of the federal Clean Water Act resulting from the biggest oil spill in U.S. history. Government officials have reported they will seek to impose fines of as much as $4,300.00 for each of the 4.1 million barrels of oil spilled after the Deepwater Horizon explosion.

Sources say the company is also in settlement negations with other firms tied to the spill. The BP trial is set to begin on February 27, 2012 in New Orleans. Sources say BP and the other companies involved will face claims by business owners and residents from the region who claim the oil spill damaged their lives and property.

Legal sources say the trial is before U.S. District Judge Carl Barbier will bring together hundreds of lawsuits by fishermen, tour operators, and state and local governments. However, sources say BP is seeking to shift some of the blame and damages onto co-defendant companies which also helped drill and operate the well. Legal sources say the Clean Water Act allows the government to seek fines of $1,100.00 per barrel of oil spilled regardless of the cause. Sources say that number can rise up to $4,300.00 a barrel if a judge finds the company was grossly negligent in allowing the spill to occur.

Accordingly, when considering the potential fines resulting from the oil spill, BP is likely to feel substantial pressure to settle with the United States government. If the fine is accessed at $1,100.00 a barrel, the maximum penalty would $4.51 billion dollars. Further, a finding of gross negligence would boost that number to $17.6 billion dollars. Government officials have said that beyond the Clean Water Act, BP may have to pay an additional $10 billion in criminal fines and another $5 billion in natural resource damages payments to the U.S and the Gulf Coast states.

Reportedly, BP has already settled with Anadarko Petroleum Corp., Mitsui & Co., and Cameron International Corp. Sources say Anadarko agreed to pay $4 billion to BP, Mitsui agreed to pay $1 billion and Cameron agreed to pay $250 million. Legal sources say those settlements BP lower its reserve to cover costs related to the sinking of the rig to $37.2 billion from more than $40 billion. Legal experts say BP will probably resolve the litigation with co-defendants Transocean Ltd. and Halliburton Co before trial in order to prevent them from both pointing the finger in its direction at trial.

The Deepwater Horizon explosion resulted in hundred of lawsuits against BP, Transocean, Halliburton and Anadarko. Legal authorities say at trial the judge will determine whether BP or any of the defendants engaged in gross negligence or willful misconduct. However, the judge will not consider any criminal charges.

Texas Faces Aquifer Water Depletion In The Face Of Growing Demand

Amaro Law Firm — Mon, 13 Feb 2012 21:40:00 GMT

National Geographic has recently completed a journalistic segment about a group of farmers in northwest Texas which began 2012 under circumstances past generations could only imagine. According to a new rule implanted by the High Plains Underground Water Conservation District based out of Lubbock, Texas, the farmers will now face a limit on the amount of groundwater they can pump from their own wells on their own property. Pursuant to the new rule, water pumped in excess of the "allowable production rate" is illegal.

National Geographic points out that most of Texas abides by the legal concept of "rule of capture," which can broadly be interpreted as a doctrine of "first to come, first to serve." However, farmers in the Texas Panhandle rely on the Ogallala aquifer to irrigate their crops. Many environmentalists have already expressed concern about the depletion of the aquifer. Authorities feel that if the region is to have any future, there must be some restriction on freshwater pumped from the aquifer.

National Geographic explains that when farmers first settled the High Plains region they relied on windmills to help them lift groundwater from the aquifers. However, in the 40's and 50's irrigation levels soared in correlation with powerful motor pumps and large sprinkler systems. These technological advancements caused irrigation to increase five fold in the region during the latter half of the 20^th century. Many authorities feel that intense irrigation of the aquifer over time has led to its gradual depletion.

National Geographic points to a study done by the U.S. Geological survey since 1940 which shows the total volume of water in storage in the High Plains aquifer has declined by some 266 million acres-feet. This volume is equivalent to 2/3 of the water in Lake Erie, one acre foot equals 325,850 gallons. This study can be viewed at the following link: http://pubs.usgs.gov/sir/2011/5183/. Further, National Geographic reported that the drainage of the High Plains aquifer is increasing in speed. Reportedly, the average annual depletion rate between 2000 and 2007 was more than twice that during the previous fifty years. The aquifers depletion is most apparent in its southern portion, specifically Texas. National Geographic reports that the water table beneath certain areas of Texas has dropped up to 150 feet.

Further, the news magazine reports that water in the Ogallala is not expected to replenish anytime soon. Scientists believe that the Ogallala filled slowly during the ice tens of thousands of years ago. This has prompted criticism of water allocation by people like USGS director Marcia McNutt, who has criticized water practices for depleting in a hundred years what it took nature more than 10,000 years to create.

National Geographic states that that new irrigation rule in west Texas is just one step in the process of adapting to the very real threat of running out water in the state. The water district in Lubbock Texas has set a water management goal of retaining at least 50% of Ogallala's ground water in the next fifty years. National Geographic points out that this will not be an easy goal to meet as the USGS study found that 29 percent of Texas's portion of the Ogallala aquifer has already been depleted. However, Texas farmers have already started adapting to reducing the amount of water which is irrigated. The High Plains Water District maintains that irrigation efficiency rose from 50 percent in the mid-seventies to 75 percent by 1990. Since then, more farmers have adopted low-pressure drop-line sprinklers that deliver water closer to the crops instead of spraying it high in the air. When combined with field methods that conserve water in the soil, these precision sprinklers can achieve efficiencies of 95 percent. Some cotton farmers that have installed sub-surface drip systems, which deliver water at low volumes directly to the crops' roots, have achieved efficiencies approaching 100 percent

New Texas Fracking Disclosure Law Now In Effect

Amaro Law Firm — Fri, 03 Feb 2012 18:28:00 GMT

As of February 1, 2012, a new Texas law is in effect which requires oil and natural gas operators to publically disclose the chemicals used in hydraulic fracturing of natural gas and oil wells. Legal authorities in Texas say the rule also requires operators to disclose how much water is used in the fracking process. Hydraulic fracturing has come under harsh criticism for excessive use of water in the drought stricken state. Environmental groups have estimated that hydraulic fracking outfits in the Barnett Shale of North Texas may require the use of 1 to 5 million gallons of water. This information can now be found at the website: www.fracfocus.org.

Those involved in the oil and gas industry realize that the information is primarily going to be sought by those who seek to address environmental question raised by hydraulic fracking. Critics of hydraulic fracking have voiced concerns of water usage as well as water contamination. However, industry representatives have continued to maintain that fracking is a safe process that poses minimal environmental threat and has been used successfully for decades to enable greater recovery of natural gas and oil.

Texas legal authorities say that while the individual chemicals must be disclosed, a "supplier, service company or operator" is not required to disclose trade secrets about its specific fracking-fluid formula unless the state attorney general or a court "determines the information is not entitled to trade-secret protection."

According to reports, Fracfocus.org was launched in April by the Ground Water Protection Council and Interstate Oil and Gas Compact Commission, national organizations associated with state agencies such as the Railroad Commission, the chief regulator of Texas' oil and gas industry, and the Texas Commission on Environmental Quality.

The website offers many features which seek to educate and shed light and educate Texas residents on the hydraulic fracturing process. Further, at the following portion of the site: http://www.hydraulicfracturingdisclosure.org/fracfocusfind/, residents are allowed to look up information reported about specific wells in their area. The site also gives a detailed explanation of how the hydraulic fracking process works, ground water protection issues, chemical use in hydraulic fracking, and how fracking regulations vary from state to state.

BP Seeks To Block Expert Testimony At Gulf Coast Oil Spill Trial

Amaro Law Firm — Fri, 03 Feb 2012 18:19:00 GMT

According to an AP news report, British Petroleum has asked the federal judge overseeing litigation resulting from the 2010 oil spill to prevent two plaintiff expert witnesses from testifying about the alleged disregard for safety throughout the energy company in general. Reportedly, these experts were to testify that this general disregard for safety was the cause of the nation's largest oil spill.

According to AP news, BP's attempted legal maneuver was made public after a U.S. magistrate recently unsealed 30 motions regarding limiting and blocking expert testimony. According to this information, BP filed 17 motions in an attempt to block expert testimony pertinent to the cause of the well blow out.

Court records show the trial is to begin on February 27, 2012, and will determine the division of responsibility for the Gulf Coast oil spill. Other companies involved in the litigation include Cameron International, Halliburton Corp. and Anadarko Petroleum Co. Reportedly, the Justice Department filed a separate motion to block experts from testifying at trial. AP news reports that the testimony would go to several issues including: how the well was cemented, how drilling fluids were used, and how pressure tests were interpreted. Many legal authorities believe the trial well rely heavily on expert testimony.

AP news reports that if allowed, the testimony would paint BP as unrepentant company who has failed to learn lessons of previous disasters. BP has had previous mishaps, including the 2005 explosion at a BP refinery in Texas City, Texas, that killed 15 workers and injured 170 others and a major spill in 2006 from a BP pipeline in Prudhoe Bay, Alaska.

Water Rights Becoming Issue In Light Of Texas Drought

Amaro Law Firm — Mon, 23 Jan 2012 16:28:00 GMT

In January of 2012, the Texas Commission on Environmental Quality (TCEQ) issued a notice to multiple groups in the Texas Sabine River Basin. Sources say these groups were told that their rights to the river water will be suspended because a hunting and fishing club needs more water. Legal sources say the move was made because according to Texas law the club's right predates the others.

Legal experts say that the actions of the TCEQ are only the latest story unprecedented fight between surface water right holders in the state of Texas. According to legal experts, citizens with older water rights can inform the TCEQ of their necessity for more water, which trumps junior (or more recent) water right holders along the same river. Many Texans are learning that when droughts make water scarce the seniority of water rights is an important bargaining chip within the region.

Many legal scholars say that the recent drought has brought the relatively obscure water rights laws to the forefront of public debate. Scholars say the oldest Texas water rights were claimed in the 18^th century when Texas was a colony of Spain. Sources say some droughts in the past have caused the senior water right holders to flex their muscles, but the current numbers are unprecedented. Reportedly, more than 1,200 water rights permits in Texas have been suspended or curtailed as of late. Sources say the Brazos, Guadalupe, Colorado, Sabine and Neches river basins have all been affected by the increase. Further, sources say with 99.5 percent of Texas still dealing with the ongoing drought, the junior vs. senior water right struggles will probably continue.

Reportedly, TCEQ's recent decision in the Sabine River Basin will mean less water for a local flood control project, recreational purposes and irrigation. Reportedly, in the Neches River Basin, many water users have also been affected. According to the TCEQ, water rights were completely curtailed to several groups using the water for recreation, agriculture irrigation, industry and mining.

Legal sources say the Texas system is not unusual and that "first in right, first in style" system of water rights is widely accepted west of the Mississippi. Expert's says that this system has both good and bad aspects. For example, it protects those who already have land from newcomers taking water which they rely on. However, the system is widely criticized because it does not consider the importance of use.

However, the system is being changed in some aspects. According to reports, the TCEQ has decided that water rights holders could not trump a city or power plant's need for water. Legal sources say that the TCEQ can ask cities with junior water rights to mandate outdoor watering restrictions. However, legal authorities have also said that legislation passed last year has given the TCEQ the power to suspend or make changes to the water rights system during times of drought.

If you have any questions about your water rights or insurance claims arising from the drought, please contact our legal team for a free initial consultation at 1-877-892-2797.

Northeastern U.S. Will Increase Dependence On Gulf Coast Refineries

Amaro Law Firm — Fri, 20 Jan 2012 22:00:00 GMT

According to many recent reports, the northeastern United States is expected to lose half of its regional fuel production capability following financial troubles which have pushed the refineries to a standstill. Many economists believe the situation is likely to increase the northeastern states dependency on the gulf coast refineries. According to industry sources, the gulf refineries already supply about half of the northeastern demand for petroleum products.

U.S. officials have said that a Houston to New York pipeline is expanding to meet the growing demand to transport gasoline and other fossil fuels from the Gulf Coast in order to fill any potential void in supply. However, sources say that with the halt in production at two major Pennsylvania refineries last year and the potential halt of a third looming, supplies of gasoline, jet fuel and heating oil could become stressed. U.S. energy officials have expressed their concern that northeastern states could experience spot shortages and price hikes in the future as their refineries cease to operate.

According to reports, the company Sunoco has announced that it will idle operations of its 335,000 barrel per day refinery in Marcus Hook, Pennsylvania. The company has said its plan is to pull out of the refining business altogether. Further, the company has said that in the absence of a buyer for its 178,000 barrel per day refinery in Philadelphia, it too will also go offline. Reportedly, ConocoPhillips is making similar moves, taking its 185,000 barrel per day refinery in Trainer, Pennsylvania off line to prepare it for sale.

Industry sources say a combination of a stressed economy and improved fuel efficiency has caused the demand for some fuels to plateau. Further, competition for larger more efficient refineries on the Gulf Coast and imports from Europe add more pressure to the northeastern producers. Sources say in 2010, the gulf coast area refiners produced a net 3.4 million barrels per day of the particular category of oil needed in the northeast.

USAA To Increase Rates For 3rd Time This Year

Amaro Law Firm — Tue, 17 Jan 2012 18:58:00 GMT

According to reports, Texas USAA home and condo insurance policyholders are facing the third rate increase in the past 12 months. Reportedly, the San Antonio based company has announced it plans to raise rates an average of 5.7 percent beginning on May 14, 2012. According to USAA spokesman Paul Berry, the rate increase is being implemented to offset rising non-catastrophic claim costs.

Sources say USAA rates will rise an average of $84 a year for homeowners and $25 a year for condo owners. Further, USAA's most recent increase boosted rates an average of 4.8 percent which equals on average of $70 a year for homeowners and $25 a year for condo owners. Sources say the rate increase prior to that averaged out to $55 a year for home owners and $20 a year for condo owners. Critics of the increase note that the hike represents a 15.2 percent jump.

USAA has stressed that the rate increase is only reflective of the cost of its member's claims. Further, USAA claims that despite the rate increase the rate remains competitive. Reportedly, USAA has about 313,000 members with a homeowner's policy and 9,700 customers with a condo policy in Texas, making it the fourth-largest insurer in the state.

La Grange Jury Awards $150 Billion Following Vicious Attack on Young Boy

Amaro Law Firm — Thu, 12 Jan 2012 17:00:00 GMT

According to reports, a jury in La Grange has awarded the family of Robbie Middleton more than $150 billion in damages. Sources say the verdict is the largest in a personal injury case in U.S. history. Unfortunately, many legal authorities were quick to point the verdict is largely symbolic as collecting on such a verdict from the tortfeasor will be virtually impossible.

It was reported that the parents of Robbie Middleton sued Donald Collins for injuries their son incurred after Mr. Collins allegedly doused their son in gasoline and set him on fire in 1998. Reportedly, Robbie was just eight years old at the time. Reportedly, Robbie died earlier this year from rare form of skin cancer caused by his burns. Donald Collins has never been criminally prosecuted in the case.　

According to the reports, it is unlikely the Middletons will ever recover any compensation because Collins is serving time in prison for failing to register as a sex offender in an unrelated case. The family has stated that it hopes the civil judgment will serve as an incentive for prosecutors in Montgomery County to pursue the case criminally.

Sources say in a death-bed video deposition that the Middletons presented at trial, Robbie Middleton described the gasoline attack committed by his former neighbor, Donald Collins, who was 13 at the time. Robbie Middleton also said in his deposition that he was sexually assaulted by Donald Collins just a few weeks before Robbie Middleton was set aflame.

Debate About International Pipeline Heats Up Following The New Year

Amaro Law Firm — Mon, 09 Jan 2012 16:13:00 GMT

According to reports, President Barack Obama and Congress will face an important decision in the first months of the New Year. Sources say that the oil and gas industry has begun to push for the approval of TransCanada's proposed Keystone XL pipeline project. In fact the nation's leading oil and gas lobbyist has warned that the President might face severe backlash if he fails to see the plan approved. Further, sources say the American Petroleum Institute has launched a political campaign called "Vote 4 Energy," which will use advertising, social media and "grass roots" organizations to press both Republican and Democratic politicians to support approval of the pipeline.

Reportedly, the Keystone XL pipeline project is a planned 1,661-mile pipeline route from the oil sands region of western Canada to refineries on the coast of Texas. According to the American Petroleum Institute, the project has the potential to create a vast amount of jobs making any politician who tries to block the project politically vulnerable.

According to reports, because the route crosses the international border, the project needs approval from the U.S. State Department, postponed its decision until 2013 at the earliest following intensive lobbying from environmental groups. However, TransCanada has refused to give up on the project. Sources say the company has been working on a new route through Nebraska that would subdue environmental concerns about the pipeline traveling through the sand hills region of the state.

TransCanada, the Calgary-based company that would operate the pipeline, refused to give up on the project, and has been working on a new route through Nebraska that would meet concerns about its previous plan to run through the environmentally sensitive sand hills region of the state.

The American Petroleum Institute argues that in 15 years the U.S. could meet all its need for liquid fuels from its own production and imports from Canada, given expanded access for oil drilling in areas that are now closed, such as the east and west coasts, and increased supplies of biofuels. However, an environmental group known as Greenpeace has launched a parody campaign against the American Petroleum Institute accusing it of attempting to fake citizen support for its agenda.

2011 Texas Earthquakes Raise Concern Over Hydraulic Fracking

Amaro Law Firm — Fri, 06 Jan 2012 20:50:00 GMT

According to reports, west Texas has recorded its third earthquake in less than a month. The U.S. Geological Survey has reported a 3.2 magnitude earthquake on December 18, 2011 at 9 a.m. Reportedly, the earthquake was centered 5 miles north-northeast of Snyder, in Scurry County. Sources say this area is 78 miles southeast of Lubbock, Texas. Local authorities say there were no immediate reports of injury or damage. Sources say a 3.4 magnitude quake also occurred on December 9, 2011. Reportedly, this earth quake was centered 15 miles north of Snyder. Reportedly, another quake was recorded two days prior with a magnitude of 2.7 around 29 miles southwest of Dallas. The USGS also reported a 3.0 magnitude quake was centered 17 miles north-northeast of Snyder on November 21, 2011. Sources say a rare South Texas earthquake happened on October 27, 2011 with a 4.8 magnitude and epicenter about 37 miles northwest of Beeville.

Further, according to reports, the recent earthquake pandemic is not limited to the state of Texas. Geological scholars say that until this year Youngstown, Ohio has been seismically dead since the 18^th century. However, on March 17, 2011, two minor quakes briefly shook the city. Further, in the next eight months, sources say there were seven more quakes. Reportedly, like the Texas quakes, they were too weak to cause damage or even be felt by many people but were strong enough to rattle some nerves.

Experts say nine quakes in eight months in a seismically inactive area is extremely unusual. However, it is what seismologists found when they plotted the Ohio quakes epicenters that have raised concern. According to Ohio seismologists, most of the earth quake epicenters coincided with the location of a 9,000-foot well in an industrial lot along the Mahoning River two miles from downtown Youngstown. Reportedly, at the well, a local company has been disposing of brine and other liquids from natural gas wells used in a process called hydraulic fracking. Industry authorities say hydraulic fracturing is a process used to unlock the gas from shale rock.

Sources say the location and timing of the quakes led to suspicions that the well was responsible for Youngstown's seismic awakening. Some experts believe as the wastewater was injected into the well under pressure, some of it might have migrated into deeper rock formations, unclamping ancient faults and allowing the rock to slip.

Reportedly, hydraulic fracturing has come under fire from environmentalists and others for its potential to pollute the air and contaminate drinking water. However, the events in Youngstown and a string of other small tremors in Texas, Arkansas, Oklahoma, British Columbia and other shale areas producing gas raise the disquieting notion that the technique could lead, directly or indirectly, to a damaging earthquake. However, many scientists say the likelihood of a link between fracking and earthquakes is extremely remote. These scientists say that thousands of fracking and disposal wells operate nationwide without causing earthquakes, and that the relatively shallow depths of these wells mean that any earthquakes that are triggered would be minor.

Enterprise Mont Belvieu Plant Explosion and Fire

Oil/Gas Law Attorney — Wed, 14 Dec 2011 02:06:00 GMT

On Tuesday afternoon, several explosions heard from the natural gas and liquids plant in Mont Belvieu, Texas, were followed by flames which could be seen from downtown Houston. Local media reported the wind blew smoke away from the Houston area, but local school children were being kept inside during play periods.

According to local sources, witnesses reported seeing workers flee the Chambers County plant at 12:25 p.m. A company spokesman confirmed at least one contractor has not been accounted for and no injuries have been reported to local police dispatch. San Jacinto Methodist Hospital also confirmed they had no patients from the plant.

Workers have reported escaping "by the skin of their teeth", and gave accounts of seeing a tank explode. Flames were also reported spreading to nearby vehicles and at least one building. According to the Texas Department of Public Safety, only one state-highway was shut down as fire fighters from surrounding communities worked to contain the blaze.

Chamber County officials say there is no known threat to the public and have not called for evacuations. A shelter-in-place advisory was issued by Barbers Hill ISD, only a few miles away from the plant.

Enterprise Product Partners owns the plant which sits above a salt dome used to store and produce millions of cubic feet of natural gas. Enterprise built the Mont Belvieu complex in 1979.

Federal Lawsuit Highlights Problems With Medicare Payment

admin in Whistleblowers Act, lawyer — Sun, 27 Nov 2011 17:50:00 GMT

According to reports, a lawsuit filed in Dallas, Texas against one of the nation’s biggest hospice companies highlights how Medicare’s payment methods can offer unintended financial incentives to wrongfully move patients from HMOs into hospice programs and then into hospitals.

In a complaint filed in federal court, a former general manager of Vitas HealthCare Corp.’s San Antonio office alleged the company defrauded Medicare through a “conspiracy” with two HMO companies. Reportedly, Vitas and the companies have denied the allegations. Further sources say the Department of Justice and the state of Texas have declined to join with the plaintiffs in the suit “at this time.”

According to the complaint, because Medicare Advantage pays HMOs monthly per-patient fees, the HMOs had a financial incentive to avoid chronically ill patients, who need lots of treatments. Accordingly, the complaint alleges the HMOs referred many of their chronically ill patients for hospice care at Vitas, which accepted them even though their conditions weren’t considered terminal.
According to the complaint, although expensive for the HMOs, these patients made money for Vitas because Medicare reimburses hospice with a flat fee for each day a patient is enrolled. According to a congressional panel known as the Medicare Payment Advisory Commission, this means long-stay hospice patients tend to be more profitable since the big costs in hospice care come when patients first enter the program and need to be evaluated and at the end, when they are dying and require more care. Sources say that the Medicare Payment Advisory Commission has publically faulted Medicare’s pay formula.

According to the lawyer for the Vitas whistle blower, Medicare lost out because the patients did not qualify for hospice and because the hospice benefit paid Vitas at a higher rate than it paid the HMOs. Further, the lawsuit claims that when the health of Vitas patients required expensive hospital services, the company kicked them out of the hospice program “in order to shift the high costs of hospital procedures and prescription medications” away from the hospice and onto Medicare’s traditional fee-for-service program. The lawsuit also alleges Vitas at times backdated the revocation papers.

According to Vitas’ whistle blower, when he became general manager of Vitas’ San Antonio office in 2008, he discovered that 22 percent of the 560 hospice patients had been enrolled for more than 500 days. Reportedly, the Medicare benefit is intended for patients who are projected to have no more than 180 days to live, although government watchdogs have been concerned that for-profit hospice companies are seeking out patients who aren’t on death’s door.

The whistle blower claims he discovered that the medical director for Vitas’ local office simultaneously worked as a medical director and doctor for the two HMOs, WellMed Medical Management Group, based in San Antonio, and Care Level Management, run by Inspiris, a Tennessee company. Accordingly, the medical director was in a position to refer the chronically ill HMO patients to Vitas and to then certify them as meeting Medicare’s hospice rules. The lawsuit says the medical director executed the plan with a former general manager of Vitas’ San Antonio office who is now an executive at Inspiris.

Reportedly, the lawsuit was filed in 2009 under seal, which was partially lifted this week by Jane Boyle, a judge in the United States District Court’s Northern District of Texas, based in Dallas. Sources say under the rules of whistleblower “qui tam” lawsuits, the Vitas’ whistle blower would be entitled to a portion of any money the lawsuit recovers on the government’s behalf. Reportedly, the lawsuit does not state how much money was involved.

Sources say that Vitas denied the allegations but declined to comment on the specifics. According to Vitas CEO Timothy O’Toole, “Vitas is in compliance with all Medicare and Medicaid rules and regulations applicable to hospice providers.”

According to the lawsuit, Vitas’ San Antonio branch became more vigilant about removing from its rolls patients who had been remaining for long periods after the Centers for Medicare and Medicaid launched a close review in 2007. But according to the lawsuit, in late 2008, a Vitas executive conducting a review of patient charts told the whistle blower that many of the patients currently on the rolls “were never eligible and that he [the executive] did not know why they were ever admitted.”

Texas Politicians Come Under Fire For Fracking Lobby Donations

admin in Fracking — Tue, 22 Nov 2011 17:50:00 GMT

According to a recent report, Rep. Joe Barton and Sen. John Cornyn were the top recipients of campaign contributions from companies involved in hydraulic fracturing, or “fracking.” According to the Common Cause report, “Deep Drilling, Deep Pockets,” which ranked 100 top recipients of the fracking lobby, Barton received $514,945 from Jan. 1, 2001, through June 30, 2011, while Cornyn received $417,556. Sources say the information was collected from federal election reports.

Reportedly, all four GOP members who represent portions of Tarrant County made the list. In addition to Barton, Rep. Michael Burgess of Lewisville ranked 55th, at $103,450; Rep. Kay Granger of Fort Worth was 68th with $87,829; and Rep. Kenny Marchant of Coppell was 99th with $64,200. Sources say Sen. Kay Bailey Hutchison, R-Texas, was 92nd with $66,270.

According to Common Cause President Bob Eagar, “[p]layers in this industry have pumped cash into Congress in the same way they pump toxic chemicals into underground rock formations to free trapped gas, and as fracking for gas releases toxic chemicals into groundwater, action of the natural gas industry has invested more than $747 million as part of a 10-year lobbying and political spending campaign to persuade federal authorities to ignore the dangers of hydraulic fracturing.”

Reportedly, Rep. Barton responded to the report, saying he is proud to support companies that develop oil and gas in Texas. Sources say Rep. Barton stated, “[I] have always been a proponent of a rational domestic energy development program. Hydraulic fracturing isn’t nearly as dangerous as this report by a liberal group would have you believe. Trust me, I know. There are gas wells near my home that have used the process. I would not have allowed it if I thought it put my family’s health or anyone else’s in danger.”

Reportedly, during part of the 10-year period, Barton was chairman and then-ranking Republican of the House Energy and Commerce Committee. Sources say after failing to get House Speaker John Boehner’s support for a waiver from term limits, he is now the panel’s chairman emeritus, an honorary title.

Further, according to the report, the natural gas industry’s political expenditures are targeted to stop the FRAC Act, which would regulate fracking under the Safe Drinking Water Act and require disclosure of chemicals used in the process.

Industry sources say in fracking, a mix of sand, chemicals, and water is pumped into wells at high pressure to crack underground rock formations to reach natural gas deposits. Critics of the process have warned of the dangers of pollution in drinking water.

Texas Officials Believe Wildfire Threat Will Continue Through The Winter

admin in Insurance Claims — Thu, 17 Nov 2011 17:55:00 GMT

According to reports, conditions in the state of Texas have been extremely conducive to wildfires for the past year. Further, officials say there appears to be no end in sight. Currently, authorities around the state are preparing for future large blazes which could ignite anywhere across the drought stricken state during the winter months.

Authorities stress that despite the recent lull in fire activity throughout Texas, a very substantial threat of future fires remains. The Texas Forest Service reports that it has no immediate plans to declare an end to the current wildfire season which began on November 15, 2011.

According to representative of the Texas Forest Service Tom Spencer, “[t]his year is a little harder to call (for an ending point) because we’re still picking up some fire calls daily.” Further, Texas Forest Service officials say they are expecting some large fires this winter and next spring because of dead trees and pastures across the bone-dry state. However, sources say that the Texas Forest Services budget is not affected by the exact start and end date of wildfire season.

Reportedly, the last wildfire season to last for more than a year was during April 2005 through September 2006. Those blazes charred about 2 million acres, left 12 people dead and destroyed more than 400 homes. But the 2008 and 2009 seasons each lasted less than a calendar year, according to Texas Forest Service records.

However, sources say in the past year, wildfires statewide have destroyed nearly 4 million acres and more than 2,900 homes, killing 10 people. During the 2011 wildfire season, out of control blazes even scorched land in areas which typically receive enough precipitation to prevent such disasters. Reportedly, this past spring, various firefighting crews battled what turned out to be seven of the 10 largest wildfires in state history. Reportedly, one was a 315,000-acre blaze in three West Texas counties that narrowly missed the Fort Davis Historic Site, a frontier Army cavalry fort, and the McDonald Observatory, a top astronomical research facility. According to reports, fires twice scorched Possum Kingdom Lake, a picturesque community 75 miles west of Fort Worth, destroying about 160 homes in April and another 40 homes four months later. Further, sources say after fires burned throughout the summer across parts of mostly rural Texas, a Labor Day weekend wildfire destroyed more than 1,500 homes in Bastrop County.

Authorities say September 2010 to 2011 was the driest 12 months on record in the state, and weather experts say the historic dry spell will grip Texas well into 2012. Accordingly, Texas Forest Service officials say they cannot determine how long the wild fire threat will last.

Click the following link for helpful information provided by the Amaro Law Firm for handling insurance concerns and preventing damages from wildfires. Helpful Information for Texas Wildfires. In conclusion, if you feel your insurance company has treated you unfairly or refused to compensate you for legitimate damages caused by the wildfires in Texas, please feel free to call our offices at 713-864-1941 or toll-free at 877-292-8797 for a free consultation and evaluation of any potential claims you may have against them. You can also contact us through our website or email us here.

Victims of Fort Hood Shooting Seek 750 Million Dollars

admin in Death — Tue, 15 Nov 2011 17:55:00 GMT

According to reports, in what some say could be the first step toward a massive federal lawsuit, 83 people who consist of victims of the 2009 Fort Hood shooting rampage and the family members of those killed in the attack have filed administrative claims against the U.S. government alleging negligence and seeking around $750 million in damages. Sources say the claimants include family members of 8 of the 13 people killed during the rampage.

The claims assert that federal agencies succumbed to “political correctness” by ignoring warning signs of the shooter, Maj. Nidal Hasan. Maj. Hasan opened fire inside Fort Hood’s Soldier Readiness Processing Center, killing 12 soldiers and one civilian and wounding more than 30 people.

Reportedly, the claims cite which concluded that Hasan was a “ticking time bomb” and that federal agencies failed to take action against Hasan despite mounting evidence that the psychiatrist, born in Virginia to Palestinian parents, was embracing radical Islam.

Sources say the claims were filed under the Federal Tort Claims Act and were made against the FBI and the departments of the Army, Defense and Justice. Reportedly, they were filed last week before the two-year anniversary of the shootings, as the two-year window on filing was set to close. Legal sources explain that tort claims are the prerequisite to a lawsuit against the federal government, and federal agencies have six months to respond to the claims before a lawsuit can be initiated.

According to reports, the claimants include nine soldiers and one civilian who were injured in the shooting, 19 family members of those injured victims and 54 family members of eight people killed in the attack.

However, according to legal experts, the claims and a potential federal lawsuit could complicate matters for military prosecutors seeking the death penalty against Hasan in a court-martial scheduled for March.

According to Retired Army Lt. Col Geoffrey Corn, a professor at the South Texas College of Law, said defense lawyers would probably seize on the fact that a number of potential witnesses believe the federal government, and particularly Hasan’s chain of command, share some liability in the shooting. “It’s a classic military defense; you blame the chain of command,” Corn said. “All this is doing is making the issue more visible, more palpable.”