Judge Defends Spill Decision That Upset Louisiana AG

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A federal judge said Jan. 28 that he wasn’t trying to deprive states of their rights when he appointed Alabama’s newly elected attorney general to coordinate all states’ interests in the litigation spawned by the Gulf oil spill.

“No such thing has occurred, and the court does not intend to do that,” U.S. District Judge Carl Barbier said during a monthly status conference for the cases.

On Jan. 27, Louisiana Attorney General James “Buddy” Caldwell said he planned to ask Barbier to vacate his appointment of Alabama Attorney General Luther Strange to serve as a “coordinating counsel.” In a statement, Caldwell said Barbier’s decision was “a discriminatory action that transcends the bounds of proper federal/state relations and state sovereignty rights.”

Barbier said his decision has been “misconstrued by certain people,” explaining that he tapped Strange for the post to “put some structure in place” for the coordination of pretrial matters. Barbier, who noted that Alabama is the only state that has filed a lawsuit over the spill, said Strange’s post doesn’t preclude other states’ attorneys general from representing their interests.

Caldwell, who attended the hearing, told reporters afterward that he was still weighing his options and didn’t rule out a challenge.

“We had no chance to explain our position,” he said, noting that Barbier ruled without holding a hearing first.

Strange said he hasn’t heard any other attorneys general object to his appointment.

“We have the same interests, and we’re going to accommodate Gen. Caldwell and all the other AGs,” he said.

Caldwell’s office, with the backing of more than a dozen other attorneys general, had asked Barbier to create a “coordinating committee” composed of each state’s attorney general.

Caldwell also asked Barbier to create a “case track” for all government-related claims to be handled separately from other claims, so the states wouldn’t have to defer to private attorneys representing individuals and businesses. The judge rejected that request.

Barbier is presiding over more than 300 lawsuits against BP, rig owner Transocean Ltd. and other companies involved in the Deepwater Horizon rig’s drilling project. Eleven workers were killed when the rig exploded last year, triggering the oil spill.