Today the Texas Supreme Court takes up an issue that goes to the heart of what it means to be a Texan: Are we accountable for the consequences of our behavior? Lord John Browne, former CEO of British Petroleum and his special interest peers say no. They argue that they are above the law-literally.
Specifically, the Texas Supreme Court will hear arguments to determine whether the former CEO of BP must travel from London, England to Austin, Texas to give a deposition to lawyers representing the families of those injured in the March 2005 explosion at the BP refinery in Texas City, Texas-- an explosion that killed 15 workers and seriously injured more than 170.
"When you go to work, you should get to come home in one piece," said Becky Moeller, president of the Texas AFL-CIO. "Are we as a state going to require that corporations take responsibility for getting workers to their homes and families safely? Or will we stand by as the Supreme Court continues to erect shields protecting corporate leaders from that accountability?"
Lord Browne argues that he should not have to answer questions about the decisions he made that contributed to the tragic deaths of 15 Texas workers and the injuries of hundreds more in the explosion at Texas City. But this is about much more than whether one man will have to answer a few questions. It's about accountability and responsibility.
"The decisions made by corporate CEO's in board rooms all around the world threaten the safety of communities right here in Texas," said Alex Winslow, executive director of Texas Watch. "Children on their way to school, families who breathe our air and drink our water, and small business owners who serve the plant and its workers all face a greater danger when CEOs are allowed to avoid accountability for the decisions they make."
And it's about the Texas Supreme Court receiving millions of dollars from special interests it then swaddles in blankets of immunity from civil prosecution for the harm they do to Texas workers and families. When wrongdoers are not held accountable, public safety and security is threatened.
Craig McDonald, director of Texans for Public Justice, said that more than 175 corporations and CEOs have joined BP to fight against corporate accountability. "On any given day this court is teeming with conflicts of interest, but perhaps none greater than in the BP case. A review of the justices' campaign records shows they have taken $2 million from interests are that are arguing for BP," McDonald said.
Glenn Smith, Director of the Texas Progress Council (a group I contract with) and frequent writer here at BOR, sums the conflict up by saying:
"Glib sound bites and special-interest double-talk about our judicial system can no longer hide the agenda of some irresponsible corporate interests," said Glenn Smith, director of the Texas Progress Council. "That agenda is nothing less than the goal of permanent immunity from civil prosecution for negligent and willful practices that maim and kill."
Texas AFL-CIO President, Becky Moeller highlights the direct legal impact in an interview at Corporate Crime Report.
"Our regulatory system has failed," Moeller said. "Because of a long-standing budgetary starvation diet and warped priorities, the federal Occupational Safety and Health Administration will do a preventive inspection of a Texas workplace on the order of once every 100 years unless a complaint is filed."
Texas has no state OSHA to pick up the slack.
"When someone dies, OSHA shows up and may impose fines that are for practical purposes regarded as a cost of doing business," Moeller said. "In the case of the BP explosion, the U.S. Chemical Safety Board issued an objective report that took BP's management to task. But it was the civil justice system that invoked the most serious consequences for BP and laid bare the cold calculations BP made in trading worker safety for short-term profit."
Today we will see whether justice is blind or for sale to the highest bidder. Texas Progress Council has put together this video to tell the story for the ones that can't.
