WASHINGTON, July 1 - The founder and treasurer of the National Association of Special Police and Security Officers (NASPSO) was charged with four counts of mail fraud in connection with his operation of a pension plan for members of NASPSO, a labor union representing private security guards assigned to protect federal buildings in the metro Washington area.
The charges were announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; Mabel Capolongo, Director of the Philadelphia Regional Office of the Employee Benefits Security Administration of the Department of Labor; and Robert L. Panella, Special Agent in Charge of the Office of Inspector General, Office of Labor Racketeering and Fraud Investigations of the Washington, D.C. Regional Office.
Caleb Gray-Burriss, 59, of Washington, was arrested Tuesday in Washington, and charged in an indictment returned by a grand jury on June 25, 2010, and unsealed today. Gray-Burriss will make his initial appearance tomorrow in U.S. District Court in Washington.
The indictment charges that, from approximately June 2004 through August 2006, Gray-Burriss wrote numerous checks to himself or to other third parties from the checking account where he had placed funds intended for the NASPSO pension plan to cash. The indictment alleges that Gray-Burriss spent more than $100,000 of the pension plan funds in this way, while at the same time falsely maintaining that it was an operational fund that he was properly administering and that was providing benefits to the beneficiaries.
The investigation leading to the indictment and arrest of Gray-Burriss was conducted by investigators from two agencies of the U.S. Department of Labor - the Employee Benefits Security Administration and the Office of Inspector General, Office of Labor Racketeering and Fraud Investigations. The case is being prosecuted by Trial Attorney Vincent Falvo of the Criminal Division's Organized Crime and Racketeering Section.
Thursday, July 1, 2010
Another Case Against Port Trucking Firm
Class-Action Lawsuit Alleges Sun Pacific Trucking Inc Committed 'Wage Theft'
LOS ANGELES, June 30 - The Teamsters Union praised the courage of the Southern California port drivers who today filed a class-action suit against their employer, Sun Pacific Trucking, Inc., and Pacific Green Trucking, Inc., that alleges they were denied minimum wage, meal and rest periods, among other violations rampant in the deregulated industry. According to the driver's attorneys Sun Pacific and Pacific Green Trucking are nothing more than "alter egos" of the same enterprise and both are liable for the violations.
"Sun Pacific basically stole our money," said one of the plaintiffs, Jorge Ramirez. "Usually Sun Pacific would ask us to work an extra hour here, an extra half-hour there and by the end of the week all those hours would add up, but we would never see our hard-earned money."
The suit serves as only the latest example of widespread wage theft and other abuses by port trucking companies: It comes just as a powerful U.S. Congressional transportation committee has launched an investigation into questionable truck leasing practices that House representatives called "serfdom," and amid an ongoing California attorney general crackdown on misclassification.
The plaintiffs' attorney, Adam Luetto, recently filed a similar class-action lawsuit against another major port trucking company at the Ports of Los Angeles and Long Beach, Total Transportation Services, Inc.
"Port drivers consistently claim that they are forced to drive long hours without breaks and required to perform work they never get paid for," Luetto said. "These drivers, unsurprisingly, are simply tired of working for free and we are working hard to hold their employers responsible for such unlawful employment practices."
The Teamsters, the nation's largest union of transportation workers, cooperated with the named plaintiffs' attorneys at the Law Offices of Ellyn Moscowitz, PC, Keller Grover, LLP, and the Law Offices of Scot D. Bernstein, A Professional Corporation, to provide evidence for the latest wage-and-hour complaint filed in Los Angeles Superior Court.
"What we are seeing in Southern California is mirrored in ports across the nation, trucking companies are simply accustomed to denying workers and their families their right to benefits and fair compensation," said Fred Potter, Teamsters International Vice President and Port Division Director. "The Teamsters will continue to cooperate with public officials, private attorneys and legal authorities to help put an end to the injustice that exists in ports across the country."
In the fall of 2008, the Port of Los Angeles enacted powerful new regulations as part of its Clean Truck Program that required trucking firms to take full responsibility of their workers and environmentally-compliant trucks.
The program began to transform the industry's low-road structure into an efficient, environmentally sound and fair business model. However, a Virginia-based trucking industry lobby that represents Southern California port firms, the American Trucking Association, launched a legal assault and obtained a temporary injunction just over a year ago that eroded the program's EPA award-winning standards in order to continue business as usual.
Today, the mounting scrutiny continues to raise questions about the legitimacy of the current structure of the port "drayage" industry. Following a May 5 congressional hearing, the House Highways and Transit Subcommittee commenced a joint investigation with the House Labor and Education Committee regarding trucking companies' treatment of drivers.
In February, California Attorney General Jerry Brown received a fifth legal judgment against port trucking companies who misclassify their workers and deny them the Social Security, Medicare and workers' compensation benefits to which they are entitled under state law.
Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women in the United States, Canada and Puerto Rico.
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LOS ANGELES, June 30 - The Teamsters Union praised the courage of the Southern California port drivers who today filed a class-action suit against their employer, Sun Pacific Trucking, Inc., and Pacific Green Trucking, Inc., that alleges they were denied minimum wage, meal and rest periods, among other violations rampant in the deregulated industry. According to the driver's attorneys Sun Pacific and Pacific Green Trucking are nothing more than "alter egos" of the same enterprise and both are liable for the violations.
"Sun Pacific basically stole our money," said one of the plaintiffs, Jorge Ramirez. "Usually Sun Pacific would ask us to work an extra hour here, an extra half-hour there and by the end of the week all those hours would add up, but we would never see our hard-earned money."
The suit serves as only the latest example of widespread wage theft and other abuses by port trucking companies: It comes just as a powerful U.S. Congressional transportation committee has launched an investigation into questionable truck leasing practices that House representatives called "serfdom," and amid an ongoing California attorney general crackdown on misclassification.
The plaintiffs' attorney, Adam Luetto, recently filed a similar class-action lawsuit against another major port trucking company at the Ports of Los Angeles and Long Beach, Total Transportation Services, Inc.
"Port drivers consistently claim that they are forced to drive long hours without breaks and required to perform work they never get paid for," Luetto said. "These drivers, unsurprisingly, are simply tired of working for free and we are working hard to hold their employers responsible for such unlawful employment practices."
The Teamsters, the nation's largest union of transportation workers, cooperated with the named plaintiffs' attorneys at the Law Offices of Ellyn Moscowitz, PC, Keller Grover, LLP, and the Law Offices of Scot D. Bernstein, A Professional Corporation, to provide evidence for the latest wage-and-hour complaint filed in Los Angeles Superior Court.
"What we are seeing in Southern California is mirrored in ports across the nation, trucking companies are simply accustomed to denying workers and their families their right to benefits and fair compensation," said Fred Potter, Teamsters International Vice President and Port Division Director. "The Teamsters will continue to cooperate with public officials, private attorneys and legal authorities to help put an end to the injustice that exists in ports across the country."
In the fall of 2008, the Port of Los Angeles enacted powerful new regulations as part of its Clean Truck Program that required trucking firms to take full responsibility of their workers and environmentally-compliant trucks.
The program began to transform the industry's low-road structure into an efficient, environmentally sound and fair business model. However, a Virginia-based trucking industry lobby that represents Southern California port firms, the American Trucking Association, launched a legal assault and obtained a temporary injunction just over a year ago that eroded the program's EPA award-winning standards in order to continue business as usual.
Today, the mounting scrutiny continues to raise questions about the legitimacy of the current structure of the port "drayage" industry. Following a May 5 congressional hearing, the House Highways and Transit Subcommittee commenced a joint investigation with the House Labor and Education Committee regarding trucking companies' treatment of drivers.
In February, California Attorney General Jerry Brown received a fifth legal judgment against port trucking companies who misclassify their workers and deny them the Social Security, Medicare and workers' compensation benefits to which they are entitled under state law.
Founded in 1903, the International Brotherhood of Teamsters represents 1.4 million hardworking men and women in the United States, Canada and Puerto Rico.
MORE
Five Brothers Charged in Human Trafficking Scheme that Smuggled Young Ukrainian Migrants
WASHINGTON, June 30 - An indictment unsealed today in Philadelphia charged Omelyan Botsvynyuk, Stepan Botsvynyuk, Mykhaylo Botsvynyuk, Dmytro Botsvynyuk, and Yaroslav Botsvynyuk, a/k/a Yaroslav Churuk, with extortion and conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO) for their alleged involvement in a human trafficking operation, the Justice Department announced.
Assistant Attorney General for Civil Rights Thomas E. Perez, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania, FBI Special Agent-in-Charge Janice K. Fedarcyk of the Philadelphia Field Office and ICE Special Agent-in-Charge John P. Kelleghan announced the indictment.
Four of the Botsvynyuk brothers were arrested today and are charged with conspiring to engage in a pattern of racketeering activity, from the fall of 2000 through the spring of 2007, by operating a human trafficking organization that smuggled young Ukrainian migrants into the United States and forced them to work for the brothers with little or no pay.
According to the indictment, the defendants promised the victims they would earn $500 per month with free room and board by working for the Botsvynyuk organization. They smuggled the workers into the United States and put them to work as cleaning crews in retail stores, private homes and office buildings without paying them. They used physical force, threats of force, sexual assault and debt bondage to keep the victims in involuntary servitude. The indictment further alleges that even after some of the victims escaped, the defendants continued with their extortionist activities in order to recoup the organization's investment in the workers. If direct threats failed and the workers did not return or make good on their debts, the Botsvynyuk brothers threatened violence to the workers' families still residing in Ukraine. In one instance, according to the indictment, Omelyan Botsvynyuk threatened to place a worker's then nine-year-old daughter into prostitution to pay off the family debt.
"Human trafficking is a scourge that denies human beings their fundamental right to freedom. Those who prey on the most vulnerable through force, fraud or coercion will be investigated and prosecuted to the fullest extent of the law," said Assistant Attorney General Perez. "The Civil Rights Division will continue to work with U.S. Attorney's Offices nationwide, law enforcement agencies across the globe, and victim assistance organizations to vindicate the rights of victims, bring traffickers to justice and dismantle human trafficking networks."
"The victims in this case entered this country with dreams of great opportunity only to find themselves living a nightmare," said U.S. Attorney Memeger. "They trusted this band of brothers, they performed the work they were told only to be rewarded with false promises, threats of brutality, and deprivation of their basic human needs. No one trying to immigrate to this country should have to endure such mistreatment."
Rather than bringing the workers to the United States legally, the indictment alleges that the Botsvynyuk organization obtained tourist visas to Mexico and had operatives who coached the workers on how to enter the United States illegally. While some of the workers successfully entered the country, others were taken into custody by U.S. immigration officials and remained in detention for almost two months. Once the victims were released, with immigration documents and summonses to appear for immigration hearings, the Botsvynyuk organization transported them to Philadelphia either by bus or by plane. The brothers then confiscated the immigration documents and summonses from the workers and put them to work at night cleaning large chain stores, such as Target and Walmart, as well as smaller stores.
Throughout their employment with the brothers, the workers lived with up to five people in one room, slept on dirty mattresses on the floor, and were rarely, if ever, paid. None of the victims was paid what was promised and they were told that they had to continue working until their debts, ranging from $10,000 to $50,000, were paid. Workers were allegedly struck and beaten, sometimes in the presence of others, if they attempted to quit or leave the employ of the Botsvynyuk brothers. According to the indictment, one female worker was brutally raped on several occasions. After some workers escaped, Omelyan Botsvynyuk resorted to extorting the workers' families in Ukraine, threatening them with harm if the workers did not return to work or pay their debts.
Omelyan Botsvynyuk, 51, was arrested in Germany; Stepan Botsvynyuk, 35, was arrested in Philadelphia; Mykhaylo and Yaroslav Botsvynyuk, 41, were arrested in Canada. Dmytro Botsvynyuk remains in Ukraine, a country that has not entered into an extradition treaty with the United States. The defendants in Canada and Germany were arrested pursuant to Interpol arrest warrants and are in the process of being extradited to the United States to face the charges.
If convicted of all charges, the defendants face the following maximum penalties: Omelyan Botsvynyuk - life in prison and a $750,000 fine; Stepan Botsvynyuk - 40 years in prison and a $500,000 fine; and defendants Mykhaylo, Dmytro, and Yaroslav Botsvynyuk - 20 years in prison and a $250,000 fine.
The case was investigated by the Joint FBI Organized Crime/ICE Human Trafficking Alien Smuggling Task Force. Assistance was provided by Pennsylvania State Police, the Philadelphia Police Department, the Department of Labor and Racketeering - Office of Inspector General, Toronto Police Department, German National Police, Berlin State Police, Ukraine Security Service, US National Central Bureau, the Department of Justice Office of International Affairs, and INTERPOL. It is being prosecuted by Assistant U.S. Attorney Daniel A. Velez, and Trial Attorney Eric Gibson of the Civil Rights Division.
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Assistant Attorney General for Civil Rights Thomas E. Perez, U.S. Attorney Zane David Memeger of the Eastern District of Pennsylvania, FBI Special Agent-in-Charge Janice K. Fedarcyk of the Philadelphia Field Office and ICE Special Agent-in-Charge John P. Kelleghan announced the indictment.
Four of the Botsvynyuk brothers were arrested today and are charged with conspiring to engage in a pattern of racketeering activity, from the fall of 2000 through the spring of 2007, by operating a human trafficking organization that smuggled young Ukrainian migrants into the United States and forced them to work for the brothers with little or no pay.
According to the indictment, the defendants promised the victims they would earn $500 per month with free room and board by working for the Botsvynyuk organization. They smuggled the workers into the United States and put them to work as cleaning crews in retail stores, private homes and office buildings without paying them. They used physical force, threats of force, sexual assault and debt bondage to keep the victims in involuntary servitude. The indictment further alleges that even after some of the victims escaped, the defendants continued with their extortionist activities in order to recoup the organization's investment in the workers. If direct threats failed and the workers did not return or make good on their debts, the Botsvynyuk brothers threatened violence to the workers' families still residing in Ukraine. In one instance, according to the indictment, Omelyan Botsvynyuk threatened to place a worker's then nine-year-old daughter into prostitution to pay off the family debt.
"Human trafficking is a scourge that denies human beings their fundamental right to freedom. Those who prey on the most vulnerable through force, fraud or coercion will be investigated and prosecuted to the fullest extent of the law," said Assistant Attorney General Perez. "The Civil Rights Division will continue to work with U.S. Attorney's Offices nationwide, law enforcement agencies across the globe, and victim assistance organizations to vindicate the rights of victims, bring traffickers to justice and dismantle human trafficking networks."
"The victims in this case entered this country with dreams of great opportunity only to find themselves living a nightmare," said U.S. Attorney Memeger. "They trusted this band of brothers, they performed the work they were told only to be rewarded with false promises, threats of brutality, and deprivation of their basic human needs. No one trying to immigrate to this country should have to endure such mistreatment."
Rather than bringing the workers to the United States legally, the indictment alleges that the Botsvynyuk organization obtained tourist visas to Mexico and had operatives who coached the workers on how to enter the United States illegally. While some of the workers successfully entered the country, others were taken into custody by U.S. immigration officials and remained in detention for almost two months. Once the victims were released, with immigration documents and summonses to appear for immigration hearings, the Botsvynyuk organization transported them to Philadelphia either by bus or by plane. The brothers then confiscated the immigration documents and summonses from the workers and put them to work at night cleaning large chain stores, such as Target and Walmart, as well as smaller stores.
Throughout their employment with the brothers, the workers lived with up to five people in one room, slept on dirty mattresses on the floor, and were rarely, if ever, paid. None of the victims was paid what was promised and they were told that they had to continue working until their debts, ranging from $10,000 to $50,000, were paid. Workers were allegedly struck and beaten, sometimes in the presence of others, if they attempted to quit or leave the employ of the Botsvynyuk brothers. According to the indictment, one female worker was brutally raped on several occasions. After some workers escaped, Omelyan Botsvynyuk resorted to extorting the workers' families in Ukraine, threatening them with harm if the workers did not return to work or pay their debts.
Omelyan Botsvynyuk, 51, was arrested in Germany; Stepan Botsvynyuk, 35, was arrested in Philadelphia; Mykhaylo and Yaroslav Botsvynyuk, 41, were arrested in Canada. Dmytro Botsvynyuk remains in Ukraine, a country that has not entered into an extradition treaty with the United States. The defendants in Canada and Germany were arrested pursuant to Interpol arrest warrants and are in the process of being extradited to the United States to face the charges.
If convicted of all charges, the defendants face the following maximum penalties: Omelyan Botsvynyuk - life in prison and a $750,000 fine; Stepan Botsvynyuk - 40 years in prison and a $500,000 fine; and defendants Mykhaylo, Dmytro, and Yaroslav Botsvynyuk - 20 years in prison and a $250,000 fine.
The case was investigated by the Joint FBI Organized Crime/ICE Human Trafficking Alien Smuggling Task Force. Assistance was provided by Pennsylvania State Police, the Philadelphia Police Department, the Department of Labor and Racketeering - Office of Inspector General, Toronto Police Department, German National Police, Berlin State Police, Ukraine Security Service, US National Central Bureau, the Department of Justice Office of International Affairs, and INTERPOL. It is being prosecuted by Assistant U.S. Attorney Daniel A. Velez, and Trial Attorney Eric Gibson of the Civil Rights Division.
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Avista Rate Hikes Would Hit Older Idahoans The Hardest
AARP Study Finds Proposed 14% Electric & 3.6% Natural Gas Rate Increases Could Lead to Adverse Health Outcomes for State's Elderly
BOISE, Idaho, June 30 - While soaring temperatures this summer find most Idahoans reaching for the air-conditioner, soaring utility bills and proposed rate hikes may soon find older residents struggling between their utility bills and prescriptions.
On the heels of two workshops regarding Avista's proposals to increase utility rates even more for residential customers, 14.5% for electric and 4.9% for natural gas, a new AARP study concludes high utility bills will likely lead to adverse health outcomes for many elderly across the state and nation. AARP is urging the Idaho Public Utilities Commission (PUC) to deny the rate increases.
"In a good economy these rate hikes are a bad idea, in a rough economy like today's, they are a horrible idea and one that, if approved, could deliver a harsh blow to the elderly in Idaho," said Jim Wordelman. "AARP is calling on the Idaho Public Utilities Commission to do what's right and say no to higher utility bills at the worst time."
The June AARP study, Affordable Home Energy and Health (http://shar.es/mDxfO), finds that high utility bills leave older people on limited incomes to make dangerous and sometimes deadly choices. Oftentimes, soaring and unaffordable utility bills force the elderly to go without air-conditioning or heat, leaving them at increased risk for weather related illnesses and deaths from heart disease, stroke or respiratory disease. Seventy-four percent of households that include older adults report that they cut back on other necessities (such as groceries or prescriptions), due to high home energy bills.
In recent months, Avista reported a slight drop in its stock price, while the utility company's CEO, John Morris, reports a compensation of over $3 million. The rate hike proposal submitted to the Idaho Public Utilities Commission cites an increase in the cost of producing and delivering energy, coupled with upgrades as the primary reason for the increases.
"Avista is seeking to balance their corporate checkbook on the backs of Idaho consumers," added Wordelman. "People over 65 spend an average of 20% of their household income on utilities and nearly 30% on health care - that doesn't leave a whole lot of wiggle room."
An AARP survey of Idaho residents found an astounding 64% had already seen changes in their utility bills. The full Idaho survey, Economic Well-Being in Idaho, can be found here: http://shar.es/mDxr5.
AARP is encouraging people to contact the PUC in opposition to the proposed Avista rate hikes. To comment on the case people can either fill out an online form on the PUC's website: http://www.puc.idaho.gov/forms/ipuc1/ipuc.html and reference case # AVU-E-10-01 or AVU-G-10-01, or fax comments to the PUC at (208) 334-3762 (be sure to include name, addresses and daytime phone number).
MORE
BOISE, Idaho, June 30 - While soaring temperatures this summer find most Idahoans reaching for the air-conditioner, soaring utility bills and proposed rate hikes may soon find older residents struggling between their utility bills and prescriptions.
On the heels of two workshops regarding Avista's proposals to increase utility rates even more for residential customers, 14.5% for electric and 4.9% for natural gas, a new AARP study concludes high utility bills will likely lead to adverse health outcomes for many elderly across the state and nation. AARP is urging the Idaho Public Utilities Commission (PUC) to deny the rate increases.
"In a good economy these rate hikes are a bad idea, in a rough economy like today's, they are a horrible idea and one that, if approved, could deliver a harsh blow to the elderly in Idaho," said Jim Wordelman. "AARP is calling on the Idaho Public Utilities Commission to do what's right and say no to higher utility bills at the worst time."
The June AARP study, Affordable Home Energy and Health (http://shar.es/mDxfO), finds that high utility bills leave older people on limited incomes to make dangerous and sometimes deadly choices. Oftentimes, soaring and unaffordable utility bills force the elderly to go without air-conditioning or heat, leaving them at increased risk for weather related illnesses and deaths from heart disease, stroke or respiratory disease. Seventy-four percent of households that include older adults report that they cut back on other necessities (such as groceries or prescriptions), due to high home energy bills.
In recent months, Avista reported a slight drop in its stock price, while the utility company's CEO, John Morris, reports a compensation of over $3 million. The rate hike proposal submitted to the Idaho Public Utilities Commission cites an increase in the cost of producing and delivering energy, coupled with upgrades as the primary reason for the increases.
"Avista is seeking to balance their corporate checkbook on the backs of Idaho consumers," added Wordelman. "People over 65 spend an average of 20% of their household income on utilities and nearly 30% on health care - that doesn't leave a whole lot of wiggle room."
An AARP survey of Idaho residents found an astounding 64% had already seen changes in their utility bills. The full Idaho survey, Economic Well-Being in Idaho, can be found here: http://shar.es/mDxr5.
AARP is encouraging people to contact the PUC in opposition to the proposed Avista rate hikes. To comment on the case people can either fill out an online form on the PUC's website: http://www.puc.idaho.gov/forms/ipuc1/ipuc.html and reference case # AVU-E-10-01 or AVU-G-10-01, or fax comments to the PUC at (208) 334-3762 (be sure to include name, addresses and daytime phone number).
MORE
Suit Against BP for Burning Endangered Sea Turtles Alive
NEW ORLEANS, June 30 - The Animal Welfare Institute (AWI) and other animal protection and conservation organizations have filed suit in federal court today against British Petroleum America, Inc., British Petroleum Exploration & Production and British Petroleum PLC ("BP") for burning critically endangered sea turtles in the Gulf of Mexico, in violation of the Endangered Species Act and other federal laws.
"It is horrifying that these innocent creatures whose habitat has already been devastated by the oil spill are now being burned alive," said AWI President, Cathy Liss. "They are critically endangered and must be protected."
As part of BP's efforts to contain the massive oil spill that continues to devastate the Gulf of Mexico, BP is using "controlled burns" whereby oil is corralled by fire resistant booms dragged through the water by shrimp boats and then lit on fire. Endangered sea turtles, including the Kemp's ridley, one of the rarest sea turtles on Earth, are caught in the gathered oil and unable to escape when the oil is set ablaze.
The lawsuit was filed in the U.S. District Court for the Eastern District of Louisiana by AWI along with the Center for Biological Diversity, Turtle Island Restoration Network and Animal Legal Defense Fund, after notice was given to BP on Monday of its ongoing violations of federal law and the groups' intent to sue.
Under the suit, the plaintiffs have charged BP with violating the federal Endangered Species Act and the terms of its lease with the United States government for the Deepwater Horizon facility, which lease requires BP to comply with all federal environmental laws. The plaintiffs have asked the court to prevent BP from continuing to engage in burning activities in the Gulf of Mexico which kill or injure endangered sea turtles. The plaintiffs have also filed a Temporary Restraining Order seeking an immediate halt to the burning until, at a minimum, mechanisms are implemented that will prevent any additional sea turtles from being burned alive.
"While cleaning up the catastrophic oil spill is critically important, so too is doing it in a way which doesn't destroy wildlife in a flagrantly unlawful manner," said Liss. "We hope that our legal efforts will serve to protect the endangered sea turtles whose very existence hangs in the balance."
"It is horrifying that these innocent creatures whose habitat has already been devastated by the oil spill are now being burned alive," said AWI President, Cathy Liss. "They are critically endangered and must be protected."
As part of BP's efforts to contain the massive oil spill that continues to devastate the Gulf of Mexico, BP is using "controlled burns" whereby oil is corralled by fire resistant booms dragged through the water by shrimp boats and then lit on fire. Endangered sea turtles, including the Kemp's ridley, one of the rarest sea turtles on Earth, are caught in the gathered oil and unable to escape when the oil is set ablaze.
The lawsuit was filed in the U.S. District Court for the Eastern District of Louisiana by AWI along with the Center for Biological Diversity, Turtle Island Restoration Network and Animal Legal Defense Fund, after notice was given to BP on Monday of its ongoing violations of federal law and the groups' intent to sue.
Under the suit, the plaintiffs have charged BP with violating the federal Endangered Species Act and the terms of its lease with the United States government for the Deepwater Horizon facility, which lease requires BP to comply with all federal environmental laws. The plaintiffs have asked the court to prevent BP from continuing to engage in burning activities in the Gulf of Mexico which kill or injure endangered sea turtles. The plaintiffs have also filed a Temporary Restraining Order seeking an immediate halt to the burning until, at a minimum, mechanisms are implemented that will prevent any additional sea turtles from being burned alive.
"While cleaning up the catastrophic oil spill is critically important, so too is doing it in a way which doesn't destroy wildlife in a flagrantly unlawful manner," said Liss. "We hope that our legal efforts will serve to protect the endangered sea turtles whose very existence hangs in the balance."
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