Contract Being Used To Gag And Silence BP Gulf Oil Spill Scientists Released
Posted by Alexander Higgins - August 17, 2010 at 5:19 pm - Permalink - Source via Alexander Higgins Blog
Loading ...I recently wrote about BP paying of Gulf scientists to silence them and hide their research on the oil spill from the public.
BP Paying Off Universities And Gulf Scientists In Mass To Hide Oil Spill Research Data From The Public
If the people of the Gulf have had one advocate throughout the BP Gulf Oil Spill it has been the scientific community.They have not been afraid to step and challenge BP and The Federal Government over the existence of underwater plumes, the dangers of the dispersants BP is using, or the safety of Gulf waters.
The scientific community has sounded the alarm on skyrocketing arsenic levels in the Gulf while the Government has kept quiet and has exposed the improper BP cleanup practices that are contaminating Gulf beaches.
Scientist have come forward to reveal the real location of the oil spill, exposed the lies about oil and methane plumes, and have alerted the public to severely low-balled flow rates.
The list goes on and on.
However those days may soon becoming to an end.
A startling new report from the Alabama Register reveals BP is trying to buy up Gulf scientists and Universities in mass to prevent them from releasing research data to the public.
Now the BBC has released a copy of the GAG order BP is using to silence BP Gulf Oil Spill Scientists.
The full text of the contract is as follows.
Attorneys At Law
John E. Milner
E-mail: [email protected]
Direct: 601.960.6842
The Pinnacle Building, Suite 100
190 East Capitol Street
Jackson Mississippi 39201
Telephone 601.948?.3101
Post Office Drawer 118
Jackson Mississippi 39205
Facsimile: 601 960 6902
June 28, 2010
[Inside Address]
Re: Retention for Consulting and Expert Witness Services (“Retention Agreement”)
Re: April 20, 2010 Transocean Horizon Incident
Dear _____:
On behalf of BP Exploration & Production,Inc. (“BP”), I am pleased to retain you to
provide services. including expert witness services, relating to the Apri1 20, 2010 Transocean
Horizon Incident (“Incident”). This Retention Agreement confirms the terms and conditions of
the retention. If you are in agreement with the terms and conditions stated below. please sign
and date a copy of this Retention Agreement where indicated below, and return a copy of the
signed and dated Retention Agreement to me.
- Services. The services to be performed by you are services relating to the
Incident which are within the scope of activities outlined in the Natural Resource Damage
Assessment (“NRDA”) regulations codified at 15 C.F.R. Part 990 (“NRDA Regulations”).
These services include, but are not limited to, consulting, research, data collection and analysis,
and expert wittness services for BP (“BP NRDA Services”) You may perform. any research and
data collection and analysis services for any federal or state governmental agency or any 501(c)
(3) non-profit Organization relating to the Incident that do not involve or conflict with your
performance of BP NRDA Services, without any prior approval by BP. You may also perform
any other services for BP that relate to the incident.With regard to any other services relating to the incident that are not specified in this
Paragraph 1 above, you agree not to perform any such services without obtaining the prior
written approval of BP. - Instructions. You agree to take your instructions only from me, from other
lawyers in my firm, from Brian Israel or other lawyers in the Arnold & Porter law firm, and from
Danna Ward or other in-house counsel at BP (collectively “VP Attorneys”). - Authorization Required for Performance of Work. This Retention Agreement
governs the terms of your engagement, but it does not authorize the performance of any
particular task. Particular tasks will be authorized in writing by BP Attorneys. BP will not
compensate you for any services that are not performed pursuant to a written authorization to
perform a particular task. - Fees and Expenses. BP agrees to compensate you for your services on an hourly
basis, at a rate of $ __ per hour, and to reimburse you for the actual cost of expenses
reasonably incurred by you in the performance of services you are authorized to perform,
including but not limited to, graduate student and other technical assistance services, laboratory
costs and travel expenses. In no event shall the Brunini law firm or the Arnold & Porter law firm
be liable for your fees or expenses. - Billing. Periodically (monthly or at such other interval as may be agreed upon),
you shall submit an invoice for fees and expenses to BP. Your invoices should be addressed to
BP Exploration and Production, Inc. However. they should be addressed to BP, in care me.
and sent to me at the address shown above. After review, your invoices will be submitted to BP
for payment by BP direct to you. - Confidentiality. All communications (including non-public information disclosed
in such communications) between you (and your agents),. BP Attorneys and/or other BP
representatives in the course of your performance of BP NRDA Services are deemed to be
incidental to the rendering of legal services and are to be privileged and confidential. You shall
maintain the strict confidentiality of such non-public communications and information unless or
until a person from whom you are authorized to take instructions informs you in writing that this
restriction is no longer applicable to any particular non-public communications or information. In
the event your are required to disclose such privileged and confidential non-public
communications and information by an order entered by a court or by similar judicial process, or
by a judicial or administrative subpoena., you shall notify a person from whom you are
authorized to take instructions as soon as practicable, and you are required to cooperate with BP
if BP decides to seek relief from such required disclosure including commencement of a legal or
administrative proceeding to prevent or limit the disclosure of such privileged or confidential
non-public communications or information. - Termination of Services BP, in its sole discretion, may terminate this Retention
Agreement by providing written notice to you. You may terminate this Retention Agreement by
providing written notice to BP at any time after the Restoration Planning phase of NRDA,
described in subpart E of the NRDA Regulations (15 C.F.R, Sections 990.50 through 990.56)
["NRDA Restoration Planning Phase"] have been finally completed and approved for
implementation under the Restoration Implementation Phase of the NRDA Regulations (15
C.F.R, Sections 990.60 through 990.66) ["NRDA Implementation Planning Phase"]. You
may terminate this Retention Agreement at an earlier time for any reason by requesting and
obtaining the written approval of BP.In the event this engagement is terminated by BP, you or both, you agree to cooperate
with the BP Attorneys in terminating or transferring any task on which you may be working and
to deliver to BP Attorneys the entirety of your files related to this matter. In addition, you agree
to maintain the confidentiality of communications and information as provided in Paragraph 6
above. - Publication. Subject to the provisions of Paragraph 6 (“Confidentiality”) above,
you may publish and provide to the public written research papers, presentations and similar
documents concerning data relating to the BP NRDA Services after the earlier of the two
following dates: (1) three years after the date of your execution of this Retention Agreement or
(2) the date that the NRDA Restoration Plan, is complete and approved as final for the NRDA
Restoration Implementation Phase.Also subject to the provisions of Paragraph 6 above, there are no publication Or
presentation limitations concerning any services described In Paragraph 1 (“Services”) above.
other than the limitations specified in this Paragraph 8 above for the BP NRDA Services.Please Contact me if you have any questions about this Retention Agreement. After
executing the Retention Agreement, please return a fully executed and dated copy to me.
[Name]
June 28, 2010
Page 2
[Name]
June; 28. 2010
Page 3
Sincerely,
Brunini, Grantham, Grower & Hewes, PLLC
John E. Milner
I agree to the terms of this Retention Agreement set forth above.
___________________________
[Name]
Date:___________________________
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BP Paying Off Universities And Gulf Scientists In Mass To Hide Oil Spill Research Data From The Public
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[...] This post was mentioned on Twitter by Whenifhow, Alexander Higgins. Alexander Higgins said: Contract Being Used To Gag And Silence BP Gulf Oil Spill Scientists Released http://bit.ly/bLqpz6 [...]
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To me;
This looks like a normal Non Disclosure Agrement.
It is up to the person whom is sining this NDA, their ethics and if they want the money
bad enough to widthhold the findings for 3-years…
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