Doc. ## 29, 28, 27, 25, Def. TONY WEST, U.S. Assistant Attorney, Civil Division

8/9/2019 Doc. ## 29, 28, 27, 25, Def. TONY WEST, U.S. Assistant Attorney, Civil Division

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Abandoned oil wells make Gulf ofMexico 'environmental minefield'

AP investigation finds BP was responsible for 600 of more than

27,000 abandoned wells in the Gulf of Mexico

Richard Wray

guardian.co.uk, Wednesday 7 July 2010 1 6.38 BST

Detail of a map showing geology , oil (in r ed) and ga s (green) fields, in the Gu lf of Mexico Region Illustration:

U.S. Geological Surv ey US Geological Sur v ey

The Gulf of Mexico is packed with abandoned oil wells from a host of companies

including BP, according to an investigation by Associated Press, which describes the area

as "an env ironmental minefield that has been ignored for decades".

While the explosion and subsequent sinking of the Deepwater Horizon rig has thrown the

spotlight sharply on BP's activities in the Gulf of Mexico, environmental safety in the

area has been neglected for decades.

There are more than 27,000 abandoned wells in the Gulf of Mexico, according to AP, of

which 600 belonged to BP.

The oldest of these abandoned wells dates back to the late 1940s and the investigation

highlights concerns about the way in which some of them have been plugged, especially

the 3,500 neglected wells that are catalogued by the government as "temporarily

abandoned". The rules for shutting off temporarily closed wells are not as strict as for

completely abandoned wells.

Regulations for temporarily abandoned wells require oil companies to present plans to

reuse or permanently plug such wells within a year, but AP found that the rule is

routinely circumvented, and that more than 1,000 wells have lingered in that unfinished

condition for more than a decade. About three-quarters of temporarily abandoned wells

have been left in that status for more than a year, and many since the 1950s and 1960s.

AP quotes state officials as estimating that tens of thousands are badly sealed, either

because they predate strict regulation or because the operating companies violated

rules. Texas alone has plugged more than 21,000 abandoned wells to control pollution,

according to the state comptroller's office. In state-controlled waters off the coast of

7/7/2010 Abandoned oil wells make Gulf of Mexi

guardian.co.uk//abandoned-oil-wells 1/1


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The company, the spill, the stock.. We give it to you straight. New Rpt

California, many abandoned wells have had to be resealed. But in deeper federal waters,

AP points out, there is very little investigation into the state of abandoned wells.

The Bureau of Ocean Energy Management, Regulation and Enforcement (formerly the

US Minerals Management Serv ice), which is charged with keeping an eye on offshore

drilling, has little power to deal with abandoned wells. It merely requests paperwork to

prove that a well has been capped and, unlike regulators in states such as California, it

does not ty pically inspect the job.

The Deepwater Horizon disaster has so far cost BP more than $3bn (1.98bn) in actual

clean-up expenses, but many times more in terms of the company's financial value. Its

share price has more than halved since the explosion on 20 April and the clean-up is

likely to take months if not years. The AP investigation raises the question of whether

there are more such environmental disasters waiting to happen.

White knight wanted

BP boss Tony Hayward, meanwhile, continues to try to deal with the fallout from the

Deepwater Horizon disaster. The BP chief executive is understood to have met with the

Abu Dhabi Investment Authority (ADIA) as he continues his world tour in search of a

so-called "white knight" investor to ward off a takeover by a foreign rival.

Having already held talks with the Kuwait Investment Office, a current investor,

Hayward has switched his interest to other cash-rich oil states as he tries to bolster

support for BP, which has become increasingly v ulnerable as a result of the share price

collapse caused by the oil spill in the Gulf of Mexico. ADIA is one of the world's largest

sovereign wealth funds.

The news comes after it emerged on Tuesday that the US government has demanded

that the oil group give it advance notice of any potential disposals. Earlier this month BP

said it would raise $10bn by selling some of its non-core assets to help shore up its

balance sheet in the face of the mounting cost of dealing with the spill.

On 23 June, the US assistant attorney general Tony West wrote to BP to request thatthe department of justice be alerted to any sales or even joint ventures entered into by

the company. BP has yet to respond.

Speculation has centred on the disposal of some of BP's assets in South America, while

"mature" assets in the North Sea have been seen by other oil watchers as obvious

candidates for sale. Hayward was in Azerbaijan on Tuesday to reassure local politicians

that it is not about to jettison its assets on the Caspian and met with Azerbaijan

president Ilham Aliyev.

BP has ruled out issuing any new shares, instead hoping that it will be able to persuade

investors to pick up their stakes in the market. But many in the City believe it will need

to raise more cash to bolster its balance sheet, with a bond issue seen as the most likelyroute.




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EnergyAndCapital.com/BP_Report

Comments in chronological order (Total 41

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Waraqah

7 Jul 2010, 1:20PM

'mature' assets in the North Sea have been seen by other oil watchers as

obvious candidates for sale.

For 'mature', read almost depleted. I can't imagine anyone is going to pay top dollar for any

of these fields, especially as any asset disposal now is going to be seen as a fire sale (no pun

intended).

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Geologybob

7 Jul 2010, 1:24PM

Lets just clarify this for non oil workers. Although it looks plenty controversial, the word

"abandoned" in this case does NOT mean that the oil company has just upped-sticks and

walked away from it, leaving it open to the sea.

Abandonment of a well is the term given to a fairly simple technical operation which is

performed at the end of life of all wells and involves them being physically stopped-

up...usually with a number of strong plugs of cement and/or packers so that they present

no path to surface. In most cases, the cement used is a stronger medium than the rock

through which the well was drilled in the first place.

The phrase used above "There are more than 27,000 abandoned wells in the Gulf of

Mexico" simply reflects the number of wells drilled and then no longer used, rather than

some dark secret the oil companies are keeping.

Its important that a well is abandoned correctly, but there are well established means of

testing the abandonment which are easily and regularly performed before a mobile rig

moves off and to imply that all abandoned wells pose a threat to the environment is being

"economical with the truth".

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29FR

7 Jul 2010, 1:36PM

So that's oil companies, regulators and any other beneficiaries of the petro-chemical age

fully implicated in the enviro-crime of the century.

That dark, filthy, endlessly gushing stuff is collective guilt.

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smartse

7 Jul 2010, 1:41PM

There are more than 27,000 abandoned wells in the Gulf of Mexico, according to AP, of

which 600 belonged to BP

If this is the case, shouldn't we be saying well done to BP? The other oil companies must be

far worse at it, oh yes, they're all 100% American companies though so that would be stupid

to report as the bashing of BP would stop...

Thanks for the insight GeologyBob - it would have been useful if the article had actually

described what an abandoned well is.

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PeakOilPete

7 Jul 2010, 1:49PM

If I went out to the local boating lake... poured a drum of oil into it and killed a few ducks,Id get locked up.

So why does Tony Hayward and other BP bosses get away with murder...yes murder... 11

and counting so far, and terrorism... yes, environmental terrorism. If that was Al Qaeda and

a dirty bomb the FBI would have rounded them up by now.

Can you imagine their faces Hayward and the other BP CEOs in orange overalls going for

the Guantanamo Bay gurney ride! And while they are at it they can round up all those

other terrorist CEOs on Wall Street... Goldman Sachs & Lehman Bros. Etc. who stole all our

pensions.

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Bauhaus

7 Jul 2010, 1:52PM

Its our planet these fuckers are destroying.

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newdecade

7 Jul 2010, 1:55PM

Waraqah:

For 'mature', read almost depleted. I can't imagine anyone is going to pay top dollar for any

of these fields, especially as any asset disposal now is going to be seen as a fire sale (no pun

intended).

Yeah, thats what it basically means, but its hardly unusual. A host of companies have

sprung up in recent years who specialise in redeveloping mature assets, simply because for

a company the size of BP or any other major, investing in those dying years of a field simply

arent worth the time and effort. They trade in bulk. But for those companies prepared to




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tackle the technical challenges, its possible to make a neat profit.

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Catclaw

7 Jul 2010, 1:58PM

'Big Earl' does not like to deal with the many problems of properly plugging and abandoning

wells. They will often sell the wells after the best, easy oil is removed to another operator to

escape the plugging cost. Often the end result is an orphaned well that contaminates the

ground water, leaks gas and/or oil to the surface.

Many wells are closed with the much less restrictive procedure of 'temporarily abandoned'.

It is cheap. (Big Earl' is obsessed with cheap.) The cost is much less than a properly plugged

well. When a leak develops on these poorly handled wells, the operator will proclaim the

problem is not a result of shoddy work but is a natural seep to avoid punitive damages and

recognition of incompetence. 'Big Earl' has become obsessed with cost to the point of the

fiasco in the Gulf of Mexico.

Where the environment is concerned, 'Big Earl' can not deal with the multi-role of drilling,

protecting the environment and being the 'best cheap skate'. And don't ask them about how

the take care of environmental matters in Western Africa.

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outoffr

7 Jul 2010, 2:05PM

PeakOilPete

"If I went out to the local boating lake... poured a drum of oil into it and killed a fewducks, Id get locked up.

So why does Tony Hayward and other BP bosses get away with murder...yes murder... 11

and counting so far, and terrorism... yes, environmental terrorism. If that was Al Qaeda and

a dirty bomb the FBI would have rounded them up by now.

"

If y ou went to the local boating lake legally, and your boat engine exploded and oil poured in

the water, you wouldn't be locked up.

Not that i want to defend them, but lets stop the crazy comaprison ...

If they are foudn to have taken reckless risks, they will be prosecuted ..

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stodulky

7 Jul 2010, 2:08PM

I too, am intrigued by the emphasis given to BP in this article. So, of 27,000 abandoned

wells, only about 2.5% are/were owned by BP, but no mention of the other 26,400?

Is 600 a significant amount for one company to own? Are there other companies who own

700 or 7000 or 17000?

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outoffr

7 Jul 2010, 2:11PM

Bauhaus

Its our planet US fuckers are destroying.

You may cycle and not drive (i do), try and recycle, etc ... your carbon footprint is likely to

be much, much higher than you think.

Just look into the environmental cost of the internet and you'll be VERY suprised (energy

sucked by servers hosting websites - including this one).

By reading this online, you are contributing to the cost.

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delphinia7 Jul 2010, 2:12PM


This should of course apply to all polluted areas of the world, not just those that affect rich

Americans.

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eryngium7 Jul 2010, 2:21PM

@GelogyBob

thank y ou for your further detail on the simple job of capping spent wells. i would like to

add, though, that individuals can be simply greedy as well as being simply inept. this means

that your seemingly straight -forward explanation can, in reality, become a disaster, ie, that

cement that they use, did someoene increase their profit by selling cement past its sell-by

date? those "well established tests". are they just carried out at the point of the rig moving

away from the site or are there regular follow-up tests to monitor the integrity opf the

plug? i can wrap some gaffer tape around a leaking pipe and the leak stops. i would not say

that i had solved my leaky pipe in the long term. not even the middle term.

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Bauhaus

7 Jul 2010, 2:21PM

@outoffr - of course I realise my contribution to climate change etc.

I do what I can (increasingly) to mitigate this.

Does this mean I cannot voice an opinion on this subject?? If I can't, then noone can, and we

may as well let business do what it wants and forget our childrens future. Would you rather




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people who voice opinion on such subjects keep schtumm?

Either way, I`m not raping the oceans for profit am I, with scant regard for the fallout.

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cause

7 Jul 2010, 2:23PM

delphinia

yeah but yeah but no

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andinoble

7 Jul 2010, 2:27PM

27,000 since the 1940s, thats over 415 per year which is a lot more than one well a day

that has been created since then and its likely the rate has steadily been accelerating.

Shurely Shum mishtake? How come this one went wrong. Anyone have any idea how may

similar events to the current well "excitement" have happened there and elsewhere but

never been reported and or "disappeared"?

"Now we know how many holes it takes to fill the Albert Hall"?

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sutski123

7 Jul 2010, 2:30PM


This should of course apply to all polluted areas of the world, not just those that affect

rich Americans.

If there had been a movement against "pollution" rather than "global warming", we would

have cleaned up this planet a lot more these last 10 years for sure!!!

Stop killing the air in my town and the water and life in my rivers and sea is a lot more

relateable to than trying to stop a 0.5 degree warming that may or may not be caused by

us. Pollution IS caused by us. Period.

STOP POLLUT ION NOT GLOBAL WARMING!!!Recommend? (5)

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sutski123

7 Jul 2010, 2:32PM

Shurely Shum mishtake?

hahahahaha but true!!!




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eryngium

7 Jul 2010, 2:38PM

@sutski123

it is so much easier for industry to wriggle out of reducing co2 emmissions due to the

division in the scienttific community. pollution can be measured ev ery single day with great

accuracy so i would expect industry to be both supporting financially the global warmers

and the deniers. divide and conquer!

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maggawags

7 Jul 2010, 2:53PMI expect once the world has run out of fish stocks , and whaling continues, and the desire for

shark fins carries on, there will be nothing left in the oil saturated oggin , apart from

cruiseliners full of senile wealthy elderlies, playing bingo!

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PorkChopExpress

7 Jul 2010, 2:56PMsutski123 - The Computer you're using, was it grown out of the ground like a potato? Or is

it made up of mined materials then constructed/distributed with a huge carbon footprint?

Answers on a postcard marked 'Hypocrite'

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smuglyfrombrazil

7 Jul 2010, 2:57PM

How dare you bring this up?!!

We're watching footballl!!

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mike944

7 Jul 2010, 3:00PM

So BP has closed down 600 well over decades. Big deal. Perhaps Richard Wray could




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perhaps provide some evidence that any of these 600 BP wells are causing an

environmental problem.

This paper should stop bashing BP for what was an accident. Half of our pensions are

probably t ied up in BP so it will do none of us any favours if BP went bankrupt.

Also all of us owe a huge debt to oil, like it or not. Our very existence, way of life, our food,

etc is all heavily dependant on oil. If we stopped using oil right now we would have a world

famine with far greater consequences than a possible few degrees of global warning some

time in the next hundred years or so.

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Charity409

7 Jul 2010, 3:01PM

"This should of course apply to all polluted areas of the world, not just those that affect rich

Americans."

I completely agree with your opinion that reckless destruction of any place in the world

should be met with prosecution. I don't however, agree with the "rich Americans" portion of

you y our statement. Clearly you haven't thought to take the time to learn about the area

affected by this spill. Mississippi, Louisiana, Alabama and parts of Florida and Texas this is

affecting are not by any stretch wealthy. Their economies are driven by largely by fishing

and tourism.

You can argue that oil is also a big part of those state's economies but the affected areas are

directly on the coast. That may seem like a small area but consider this. Your country is

about the size of Texas. So now consider the amount of coast there is when you add four

more states to their coastline. Now imagine the equivalent of every hotel in London having

no business during the height of the tourist season. Which means the restaurants that feed

those visitors will likely fail. Which means the laundry services, taxis services, tour

operators and shops will see a dramatic decline in their business. Milliions are now

unemployed as a result of this because of the ripple affect.And that's just the start . Fishermen who have passed on their fishing licenses from

generation to generation in their families can no longer fish. An oyster shucking company

that had been in business for over 125 years had to close. There are no edible oysters. And

the news is anything but good about the number of years it will take before seafood from

the gulf is safe to eat again.

None of the jobs I mention above are at the top of the pay scale. So before you assume this

is silly rich Americans getting their britches in a bunch over not being able to go to the

beach, maybe take a moment to put it in perspective.

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feline1973

7 Jul 2010, 3:08PM

TWENTY SEVEN THOUSAND?!?!

Good grief.

And don't get me started on SPACE JUNK!!!!!!!!

Devo to thread!

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Chriskiy

7 Jul 2010, 3:17PM

I'm no fan of BP or any other oil company, but the AP report seems to be a pure bit of BP-

bashing. They estimate that BP is responsible for 600 of these abandoned wells, in other

words just over 2 per cent of the wells. If they 've been able to identify BP as the company

responsible for these wells, they have presumably been able to identify those responsible

for the remaining 26,400 of them, as they've been able to assume that it isn't BP. So who

are these companies? Who has the most abandoned wells in the Gulf of Mexico? What

percentage of these wells are owned by US companies? Which companies have been most

responsible for abandoning wells with mere temporary corks? Has the state of Texas

charged any company for topping off their abandoned wells, as BP is being charged, with

the PResident's foot on its neck? All of these, of course, are questions that AP is not

interested in answering, as it would spoil their BP- bashing brief.

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stodulky

7 Jul 2010, 3:19PM

Dear internet ranting crew,

I would like to propose a moratorium on the concept that anyone who owns a computer

(and doesn't live in a cave eating moss) is a hypocrite if they appear to give a flying one

about the environment.

Regards

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Burntfaceman

7 Jul 2010, 3:29PM

The quicker we use it all up the better, what's left, a hundred years of it? Good fukcin

riddance...a blink of an eye relative to mankind's time on earth...whatever economic pain

comes after who gives a 5hit.

We should be able to; feed, clothe, house.. the entire global population without it. Isn't 70%of oil used to produce rubbish that we could do without and another 1 0% used to

ferry/transport that rubbish about? Bonkers...

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IchbineinBerliner

7 Jul 2010, 3:32PM

@PeakOilPete




11/89

'So why does Tony Hayward and other BP bosses get away with murder.'

beacuse this was designed to happen. BP and other oil workers already say that part of the

seabed is collapsing. World governments wanted this to happen so that the sea-levels fall

just before man made sea-level rising occurs.

They want the seabed to collapse, it's cheaper and easier than trying to stop man-made

pollution.

http://motherjones.com/blue-marble/2010/06/worst-already-true-BP-well-now-

unstoppable

http://www.theoildrum.com/node/6593#comment-648967

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Burntfaceman

7 Jul 2010, 3:35PM

BTW I' love to see BP in the hands of a middle east swf, LOL, suck on that Obamarama,

Libya drilling off the coast of the US and re-naming all the petrol stations...Cracking *up

yours* if Tony Hayward bails out with that one on his c.v.

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LostintheUS

7 Jul 2010, 3:57PM

BP has the worst record of accidents and spills caused by cost cutting and poor

maintenance. Many of their employees have been killed, injured and maimed due solely to

these causes. In BP's annual reports, you can see the corporate policy layed out...cost

cutting ad nauseum. Yes, BP should be focussed on. It is no fluke that the DeepwaterHorizon was a BP run well...they were the ones who drove reckless decisions that

everybody else on the rig knew were going to lead to disaster. Every one of those decisions

was about cutting costs.

Delphinium: that was a very ignorant statement about only effecting "rich Americans". As

in all corporate and natural disasters. the primary v ictims are poor and working class

people. That is certainly true in this case. Educate yourself. Rig workers live in shacks and

work like dogs and get killed a lot. Fishermen and women work harder than most people

with little profit, but love the water and its creatures. And on and on and on....arrogance

makes you stupid.

It is about extracting the profits and outsourcing the costs. We, the citizens and the wild

creatures, pick up the costs in hideous ways.Recommend? (0)

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LostintheUS

7 Jul 2010, 3:58PM

BP has the worst record of accidents and spills caused by cost cutting and poor

maintenance. Many of their employees have been killed, injured and maimed due solely to

these causes. In BP's annual reports, you can see the corporate policy layed out...cost




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cutting ad nauseum. Yes, BP should be focussed on. It is no fluke that the Deepwater

Horizon was a BP run well...they were the ones who drove reckless decisions that

everybody else on the rig knew were going to lead to disaster. Every one of those decisions

was about cutting costs.

Delphinium: that was a very ignorant statement about only effecting "rich Americans". As

in all corporate and natural disasters. the primary v ictims are poor and working class

people. That is certainly true in this case. Educate yourself. Rig workers live in shacks and

work like dogs and get killed a lot. Fishermen and women work harder than most people

with little profit, but love the water and its creatures. And on and on and on....arrogance

makes you stupid.

It is about extracting the profits and outsourcing the costs. We, the citizens and the wild

creatures, pick up the costs in hideous ways.

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EuropeanOnion

7 Jul 2010, 4:02PM

technology magazine reports:

Reports of seeps in the Gulf are numerous, and the Department's study has located several

general areas of seepage within and around the Gulf of Mexico."

A Department of Energy website details studies that estimate that there may be as many

as 5,000 active seeps in the northern Gulf of Mexico. In the Green Canyon area of the Gulf,

they estimated at least 900 individual seeps.

In a paper presented at the 2000 Ocean Sciences Meeting in San Antonio, Texas, and titled

Estimates of Total Hydrocarbon Seepage into the Gulf of Mexico Based on Satellite Remote

Sensing Images, one researcher estimated that 500,000 barrels of oil seep into the Gulf

each year, twice the result of the Exxon Valdez spill. That seepage is not addressed by any

government, and mitigation efforts are non-existent.

Science Daily reports:

To get an estimate of how much oil seeps into the Gulf each year, the researchers took into

account the thickness of the oil-only a hundredth of a millimeter, the area of ocean surface

covered by slicks, and how long the oil remains on the surface before it's consumed by

bacteria or churned up by waves. "The number is twice the Exxon Valdez's spill per year,

and that's a conservative estimate,"

said Mitchell.

Springer Link adds:

Recent global estimates of crude-oil seepage rates suggest that about 47% of crude oil

currently entering the marine environment is from natural seeps, whereas 53% results

from leaks and spills during the extraction, transportation, refining, storage, and utilization

of petroleum. The amount of natural crude-oil seepage is currently estimated to be

600,000 metric tons per year, with a range of uncertainty of 200,000 to 2,000,000 metric

tons per year. Thus, natural oil seeps may be the single most important source of oil that

enters the ocean, exceeding each of the various sources of crude oil that enters the ocean

through its ex ploitation by humankind.

Mother Nature seems to be a 'petrol head'.

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chrislochhead

7 Jul 2010, 4:02PM

Yet another scaremongering article, which has completely twisted an oil industry practise

into an armageddon inducing disaster. Geologybob's simple explanation of this procedure

raises more quest ions about the rest of the oil industry 's contribution if BP only contributed

600 abandoned wells.

Further comments suggesting out of date cement(?) is merely paranoia. BP may be at fault

for the gulf disaster, as the US are blaming them for ruining millions of lives, 'murdering'

ocean life and generally ruining our planet. Complete hypocrisy as far as I am concerned.

The American world police have been ruining millions of lives and murdering for decades,

so they should look closely at themselves first before any ill advised finger pointing.

BP certainly didnt want this to happen but if found to be negligent, then they should be

punished severely. However, Barak Obamas current cowboy stance on this has not shown

him to be the president I expected of him.

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Leluk

7 Jul 2010, 4:13PM

Well it looks like Obama has nearly succeeded in what he set out to do, destroy BP, and now

the cheeky so and so's in the American Government want prior warning as to who BP will

be selling their company to? What planet do these people live on? They have absouloutely

NO RIGHT to that information before the shareholders. Of course we all know why they

want to know, so they can offer 1.00p more than the highest bidder and get their greedy,

dirty fingers on the BP company. If BP had half an ounce of common sense, the minute it

caps that well it would tell America that the 20 billion is all it's going to get and it would pull

out and never go back. The one thing America doesn't seem to understand is that Americaneeds BP, but BP doesn't and never will, need America.

It's also time people stopped making excuses for the Americans on these blogs when they

act all offended by what someone says, they are doing it to make trouble where there is

none. Such as the remark by the Swedish Chairman about 'the little people', it wasn't an

offensive remark at all as everyone knows, it was an expression of concern for the small

bussinesses and indeed the v ery fishermen that the Americans can't stop bleating on about,

you know, the small people (bussinesses) that are the backbone of every community. And

to the person who has taken offence at the remark 'rich Americans', everyone on here

knows what is meant by that. America classes itself as a rich nation, so by your own

definition you are 'rich Americans', you can't have it all ways when it suits y ou, and what

the poster was saying is that if you Americans are so determined to prosecute somethingthat was an accident because it happened on your own doorstep for a change, then maybe

your own rules should apply to the rest of the world and those countries involved should

start with America. Contrary to what you are raised to believe, it is not one rule for

America and another one for the rest of the world, far from it.

Also, if this newspaper is going to print news in a way that is detrimental to the well being

and survival of BP, then in the interests of fairness can you please print a list of the owners

of the other 26,400 wells? Just to even the odds a bit so to speak.

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icurahuman2

7 Jul 2010, 4:13PM

Not worth a penny by the time the Deepwater Horizontalspill is plugged, that's if it ever is.

There's still a strong likelihood that neither of the two relief wells will work and a good

chance the seafloor will crumble before the final solution is recahed - a nuke down its

horrible throat. No-one is going to be buying into BP until they know what liabilities they 're

buying into.

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loftytom

7 Jul 2010, 4:25PM

Burntfaceman

7 Jul 2010, 3:29PM

The quicker we use it all up the better, what's left, a hundred years of it? Good fukcinriddance...a blink of an eye relative to mankind's time on earth...whatever economic pain

comes after who gives a 5hit.

We should be able to; feed, clothe, house.. the entire global population without it.

Nope, the food supply depends on lots of fertilisers which are high energy mofos.

Without them lots of people will die.

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gomerpyl3

7 Jul 2010, 4:30PM

Seriously? 2% of abandoned wells belong to BP? It's a bit weak trying to imply that BP are

real offenders in this!

Recommend? (3)

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Lou64

7 Jul 2010, 4:31PM

geologybob say s that the word abandoned does not mean the oil company just ups and

walks away. I beg to differ. You fail to mention the difference between abandoned and

temporarily abandoned wells and how the wells are capped or sealed according to which

type of abandonement they are undergoing.

The AP article goes on to tell us that....

'Regulations for temporarily abandoned wells require oil companies to present plans to

reuse or permanently plug such wells within a year, but the AP found that the rule is

routinely circumvented, and that more than 1,000 wells have lingered in that unfinished

condition for more than a decade. About three-quarters of temporarily abandoned wells

have been left in that status for more than a year, and many since the 1950s and 1960s




15/89

even though sealing procedures for temporary abandonment are not as stringent as those

for permanent closures.

As a forceful reminder of the potential harm, the well beneath BP's Deepwater Horizon rig

was being sealed with cement for temporary abandonment when it blew April 20,.....'

For those interested here is the article in full

http:// news.yahoo.com/s/ap/20100707/ap_on_bi_ge/us_gulf_oil_spill_abandoned_wells

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reddan

7 Jul 2010, 4:39PM

That's Capitalism! F..k you, and F...k the evironment. It's all about the bottom line.

Recommend? (1)

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Concrete

7 Jul 2010, 5:00PM

'AP investigation finds BP was responsible for 600 of more than 27,000 abandoned wells in

the Gulf of Mexico.'

So BP is responsible for 0.02% of left wells in the gulf.

Who is responsible fro the other 99.98%?

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gua rdian.co.uk Guar dian News and Media Limited 201 0




16/89

UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDA

FT. MYERS DIVISION

JORG BUSSE; JENNIFER FRANKLIN

PRESCOTT,

Plaintiffs,

v. Case No. 2:10-CV-89-CEH-TGW

JOHN EDWIN STEELE; SHERI POLSTERCHAPPELL; ROGER ALEJO; KENNETH M.WILKINSON; JACK N. PETERSON;GERALD BARD TJOFLAT; RICHARDJESSUP; JUDGE BIRCH; JUDGE DUBINA;RICHARD A. LAZZARA; CHARLIE CRIST;

LEE COUNTY VALUE ADJUSTMENTBOARD; LORI RUTLAND; EXECUTIVETITLE CO.; JOHNSON ENGINEERING, INC.,

Defendants.

MOTION TO DISMISS AND MEMORANDUM OF LAW

NOW COMES the United States of America, by and through its

undersigned attorneys, and hereby moves to dismiss Plaintiffs

Complaint as frivolous and barred by absolute immunity. A

memorandum in support is included herein.

BACKGROUND

This Court, unfortunately, is all too familiar with

Plaintiffs grievances and litigious history. A brief synopsis

is set forth herein, but a more thorough history of Plaintiffs

filings can be found in the Governments Motion to Dismiss in

Busse VII, No. 2:09-CV-791 [DE-69], and this Courts Order

entered on June 23, 2010 [DE-213].

Case 2:10-cv-00089-CEH-TGW Document 29 Filed 06/30/10 Page 1 of 8


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Starting in 2007, Plaintiff Jorg Busse and others began a

campaign against Lee County, Florida, and other persons and

entities, alleging that their property in the Cayo Costa

subdivision had been illegally taken. Plaintiffs filed a

complaint with this Court alleging Constitutional deprivations.

Busse I, No. 2:07-CV-228, affd 317 Fed. Appx. 395 (11th Cir.

Mar. 5, 2009). Plaintiffs first case was not facially improper,

but after a full and fair opportunity to litigate their case,

Plaintiffs complaint was dismissed as unripe because Plaintiffs

had not availed themselves of state remedies. Plaintiffs then

persisted to file lawsuit after lawsuit now totaling nine

separate complaints attempting to re-litigate the same

constitutional claims and adding allegations of an ever-growing

conspiracy theory of fraud and corruption against anyone involved

in his previous lawsuits who opposed him.

All of Plaintiffs lawsuits except for this case and one

after-filed Complaint (No. 2:10-CV-390) have been dismissed,

often summarily, as wanting jurisdiction or meritless. Each of

Plaintiffs numerous appeals from this Courts decisions have

resulted in affirmation or dismissal. The Complaint in this case

is based on the same core facts and allegations that this Court

has rejected in each of the past cases, including Busse V, No.

2:09-CV-341, which also named each of the federal defendants

named herein, asserted the same unsupported allegations of

2



18/89

conspiracy and corruption, and which was summarily dismissed with

prejudice by Judge Lazzara as patently frivolous, vexatious, and

harassing with little or no chance of success [Busse V, DE-17].

ARGUMENT

A. Plaintiffs complaint is patently frivolous and barred byres judicata.

Insofar as this case involves the same parties and

indistinguishable claims as Plaintiffs prior lawsuits that have

been dismissed with prejudice, including, inter alia, Busse V,

No. 2:09-CV-341, the Court should likewise dismiss the instant

complaint on grounds of res judicata and frivolity. See Davila

v. Delta Air Lines, Inc., 326 F.3d 1183, 1187 (11th Cir. 2003)

(res judicata absolutely bars re-litigation of claims after a

final judgment on the merits by a court of competent jurisdiction

where there is an identity of parties and the actions are based

on the same factual predicate). The frivolity of this lawsuit is

further evidenced by the sheer volume of filings that this Court

and the named defendants have been compelled to expend valuable

time and resources responding to; the Plaintiffs utter contempt

of this Courts authority, principles of res judicata, and the

rule of law; the scurrilous and delusory accusations lodged

against judicial officers and other irreproachable public

servants; and Plaintiffs inability to state a coherent claim

despite their painfully obvious familiarity with our Constitution

and judicial system.

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B. Plaintiffs yet again fail to articulate a plausible claimupon which relief can be granted.

As this Court noted in the sound and cogent analysis of the

Busse litigation contained in its June 23, 2010, Order [Busse

VII, DE-213, at pp. 20-21], Plaintiffs allegations, to the

extent any sense can be made of them, are essentially criminal in

nature. In that same Order, the Court has already analyzed and

explained why Plaintiffs are not entitled to relief under the

various constitutional provisions upon which they rely. The only

other vehicle for charging essentially criminal conduct in a

civil forum is a suit under the civil provisions of the Racketeer

Influenced and Corrupt Organizations Act (civil RICO), 18

U.S.C. 1964(c).1

Complaints asserting civil RICO claims must comply not only

with the plausibility criteria articulated in Twombly and Iqbal

but also with Fed. R. Civ. P. 9(b)s heightened pleading

standard. American Dental Assn v. Cigna Corp., 605 F.3d 1283,

--- (11th Cir. 2010). As the Court previously noted, Plaintiffs

repetitious and voluminous pleadings are convoluted and

incomprehensible, contain[] incoherent and rambling claims of

alleged wrongdoing, and consist of conclusory statements

The case of Davis v. Kvalheim, 261 Fed. Appx. 231 (11th1

Cir. 2008), a matter to which the Busse cases have frequentlybeen analogized [see, e.g., Busse V, DE-17], was a civil RICOcase filed against every judge and other governmental official(totaling 129 defendants) that plaintiff imagine[d to] have donehim wrong. Id. at 235.

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wholly lacking a factual basis [Busse VII, DE-213, at pp. 12,

15, 18]. The Complaint in this case consists of more of the same

incoherent drivel, and fails to buttress any of the sensational

and outlandish accusations already presented to and decided by

the Court with the kind of additional factual support needed to

plead a plausible claim for relief. Bell Atlantic Corp. v.

Twombly, 550 U.S. 544 (2007). Consequently, this case should be

dismissed for failure to state a claim upon which relief can be

granted. Fed. R. Civ. P. 12(b)(6).

C. Even assuming the truth of the allegations, Plaintiffscivil claims are barred by the doctrine of absoluteimmunity.2

Few doctrines [are] more solidly established at common law

than the immunity of judges from liability for damages from acts

committed within their judicial jurisdiction. Pierson v. Ray,

386 U.S. 547, 553-54 (1967). Judicial immunity applies even

when the judge is accused of acting maliciously and corruptly,

id. at 554, and prevails even over allegations of bribery and

conspiracy such as Plaintiffs assert here, see Sparks v. Duval

County Ranch Co., 604 F.2d 976, 978 (5th Cir. 1979). Judicial

immunity provides judges with a blanket immunity from civil

liability, to include civil liability under RICO, for any

Insofar as this is an official capacity suit properly2

brought against the United States and not the individual federalofficers, the United States may assert any defense based uponjudicial immunity that would otherwise be available to theindividual officer. See 28 U.S.C. 2674.

5



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judicial act over which they may exercise jurisdiction. Wilson

v. Bush, 196 Fed. Appx. 796, 799 (11th Cir. 2006); see also Glick

v. Gutbrod, 782 F.2d 754 (7th Cir. 1986).

Likewise, [o]fficials charged with the duty of executing a

facially valid court order enjoy absolute quasi-judicial immunity

from liability for damages in a suit challenging conduct

prescribed by that order. King v. Thornburg, 762 F.Supp. 336,

341 (S.D. Ga. 1991). Because absolute quasi-judicial immunity

derives from judicial immunity, it applies whenever a Deputy U.S.

Marshal executes a judicial order for which the issuing judge

would be immune from liability. Id.

In the instant Complaint, Plaintiffs continue their

insidious attack on the judicial orders that were issued on the

merits of his initial case, the sanctions that were imposed by

the Eleventh Circuit for pursuing a frivolous appeal, and the

writ of execution that was issued to enforce the judgment. [See

Compl., DE-1,passimreferences to the fraudulent orders and

writ of execution]. The entry of orders, sanctions, and writs

of execution are quintessential judicial functions over which the

named judicial defendants would have absolute judicial immunity

from civil suit. Therefore, the claims arising out of the

judicial acts of Judges Dubina, Tjoflat, Birch, Steele, Lazarra,

and Chappell should be dismissed. Deputy Marshal Richard

Jessups primary involvement in this case appears to be related

6



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to the performance of his duty to serve Busse with the writ of

execution. [Busse I, DE-429.] Accordingly, Deputy Jessup would

be entitled to quasi-judicial immunity, and the claim arising out

of his acts should likewise be dismissed.

WHEREFORE, the United States respectfully requests that the

Court dismiss Plaintiffs complaint.

Date: June 30, 2010 Respectfully submitted,

TONY WESTASSISTANT ATTORNEY GENERAL

By: /s/ Matthew L. FesakMATTHEW L. FESAK

Special Attorney andAssistant United States AttorneyCivil Division310 New Bern Avenue, Suite 800Raleigh, NC 27601-1461Telephone: (919) 856-4530Facsimile: (919) 856-4821E-Mail: [email protected]. Bar No. 35276

7

mailto:[email protected]:[email protected]


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CERTIFICATE OF SERVICE

I do hereby certify that I have this 30th day of June, 2010,

served a copy of the foregoing upon the below-listed party

electronically or by placing a copy in the U.S. Mail, addressed

as follows:

Jorge Bussec/o Legal and Consular Department100 N. Biscayne Blvd.Suite 2200Miami, FL 33132

Jennifer Franklin PrescottP.O. Box 845

Palm Beach, FL 33480

/s/ Matthew L. FesakAssistant United States Attorney

8



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Employees rank the Civil Divisionin the top 2% of governmentoffices

Office of the Assistant Attorney General

Assistant Attorney General, CivilDivision:Tony West

Tony West was nominated byPresident Barack Obama to bethe Assistant Attorney Generalfor the Justice Departments CivilDivision on January 22, 2009. Hewas confirmed by the U.S.Senate on April 20, 2009.

From 1993 through 1994, he

served as a Special Assistant inthe Department under thedirection of U.S. DeputyAttorneys General PhilipHeymann and Jamie Gorelick, aswe ll as Attorney General JanetReno. Mr. West worked on thedevelopment of national crimepolicy, including the 1994Omnibus Crime Bill. From 1994 to1999, Mr. West served as anAssistant U.S. Attorney for theNorthern District of California.

Mr. West later served as stateSpecial Assistant AttorneyGeneral, an appointee ofCalifornia Attorney General BillLockyer. In that capacity, headvised the California AttorneyGeneral on various mattersincluding high-tech crime, identitytheft, the Microsoft antitrustlitigation, police officer training,civil rights, and police misconduct.

Prior to his return to the Justice

Department, Mr. West was alitigation partner at Morrison &Foerster in San Francisco. Histrial practice there includedrepresenting individuals andcompanies in civil and criminalmatters.

Mr. West graduated with honorsfrom Harvard College, where heserved as publisher of theHarvard Political Review, andreceived his law degree fromStanford Law School, where he

OFFICE OF THE AAG

APPELLATE STAFF

COMMERCIAL LITIGATIONBRANCH

OFFICE OF CONSUMERLITIGATION

FEDERAL PROGRAMS

OFFICE OF IMMIGRATIONLITIGATION

TORTS BRANCH

OFFICE OF LITIGATIONSUPPORT

STOP MEDICARE FRAUD

STRUCTURED SETTLEMENTBROKERS

PRESS RELEASES

FORMS

EMPLOYMENT

WEB SITE FEEDBACK

CIVIL DIVISION FOIADOJ HOME

7/7/2010 Tony West, Assistant Attorney General

justice.gov/civil/Tony West Bio.htm 1/


26/89

updated 7/7/2010 8:33:48 AM ET

LONDON BP PLC confirmed Wednesday that it received a demand from U.S. authorities for advance notice of any asset sales or significant cash

transfers.

The Financial Times reported that U.S. Assistant Attorney General Tony West, who heads the Civil Division of the U.S. Department of Justice,

wrote to Rupert Bondy, BP's general counsel, on June 23. Normally the U.S. Justice Department does not require advance notice of such deals.

"We have received the letter, and have not yet responded," said BP press officer Sheila Williams. "We will be responding in due course."

She declined to say whether the Justice Department had set a deadline.

The letter underlines the U.S. government's intense scrutiny of BP as it struggles to cap the oil leak in the Gulf of Mexico, which began on April 20,

and to clean up the damage.

On April 30, U.S. Attorney General Eric Holder announced that he had dispatched a team, which included West, to New Orleans to monitor the

spill. Ignacia S. Moreno, the assistant attorney general for the Environment and Natural Resources Division, was also part of the team.

Under intense pressure from President Barack Obama's administration, BP agreed last month to suspend dividend payments for the rest year and

to set up a $20 billion escrow fund to insure that the company pays for the damage.

On June 1, Holder announced that the Department of Justice had launched criminal and civil investigations of the disaster, which began w ith an

explosion and fire aboard the Deepwater Horizon drilling platform. Eleven workers died.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

BP gets U.S. demand for notice of asset salesOrder underlines the U.S. government's intense scrutiny of BP

7/7/2010 BP gets U.S. demand for notice of ass

msn.com//business-oil_and_energy/ 1/


27/89


FT. MYERS DIVISION


PRESCOTT,

Plaintiffs,




Defendants.

MOTION FOR EXTENSION OF TIME

NOW COMES the United States of America, on behalf of its

officers, Chief Judge Joel Dubina and Circuit Judges Gerald

Tjoflat and Stanley Birch of the United States Court of Appeals

for the Eleventh Circuit; District Judges Richard Lazzara, John

Steele and Magistrate Judge Sheri Chappell of the United States

District Court for the Middle District of Florida; and Deputy

United States Marshal Richard Jessup (collectively, federal

defendants); and moves for an extension of time in which to

answer or otherwise respond to Plaintiffs complaint. In support

of this motion, the United States shows unto the Court as

follows:



28/89

1. On February 9, 2010, Plaintiffs filed a complaint

naming the above-referenced federal defendants, and others, as

defendants in their individual private and official capacities.

2. The docket sheet indicates that service of process was

effected upon Judge Steele on May 1 [DE-12] and upon Judge

Chappell on May 4 [DE-13], with corresponding answer deadlines of

June 30 and July 3, 2010, respectively. Fed. R. Civ. P.

12(a)(2)&(3). There is no indication that any other federal

defendant has yet been served, and therefore the undersigned is

unable to ascertain their answer deadlines at this time.

3. A suit against a federal officer in his or her official

capacity is in effect a suit against the United States. See

Swank, Inc. v. Carnes, 856 F.2d 1481, 1483 (11th Cir. 1988). It

is the position of the United States that Plaintiffs complaint

should be construed as an official capacity suit against the

United States and not the individual federal defendants.

4. The undersigned Special Attorney is entering a general

notice of appearance on behalf of the United States and timely

filing a motion to dismiss the complaint contemporaneous with the

filing of this motion.

5. The United States respectfully suggests to the Court

that the same defenses it asserts in its motion to dismiss the

official capacity suit would apply with equal force if the

federal defendants were sued in their individual capacities;

2



29/89

however, if the Court were to construe this as an individual

capacity suit and were to require them to answer, then the

federal defendants require additional time to seek and obtain

authorization for the undersigned to represent them in their

individual capacities. See generally 28 C.F.R. 50.15.

6. Accordingly, the undersigned makes a limited appearance

on behalf of the individually-named federal defendants solely for

purposes of seeking this extension of time so as to avoid the

possibility of entry of default against them should the Court

construe this as an individual capacity suit and not summarily

dismiss such individual capacity claims as frivolous.

7. Local Rule 3.01(g) requires that the moving party

shall confer with counsel for the opposing party in a good faith

effort to resolve the issues raised by the motion. Insomuch as

Plaintiffs are proceeding pro se, Local Rule 3.01(g) is

inapplicable.

WHEREFORE, the individual federal defendants request an

extension of time, up to and including thirty (30) days from such

future date as the Court might require them to answer an

individual capacity suit, in which to answer or otherwise respond

to Plaintiffs complaint.

3



30/89

Date: June 30, 2010 Respectfully submitted,








as follows:

Jorge Bussec/o Legal and Consular Department100 N. Biscayne Blvd.Suite 2200Miami, FL 33132

Jennifer Franklin PrescottP.O. Box 845Palm Beach, FL 33480


4



31/89

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDAFORT MYERS DIVISION

[TRANSFERRED FROM: SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION]

JENNIFER FRANKLIN PRESCOTT, DR. JORG BUSSE,

Plaintiffs,

versus Reassigned Case # 2:09-CV-00791-CEH-SPC

ROGER ALEJO; KENNETH M. WILKINSON; JACK N. PETERSON; ROGER

DESJARLAIS; LEE COUNTY, FLORIDA; LEE COUNTY VALUE

ADJUSTMENT BOARD; LORI L. RUTLAND; STATE OF FLORIDA, BOARDOF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND; STATE

OF FLORIDA, DEPARTMENT OF ENVIRONMENTAL PROTECTION; CHAD

LACH; CHARLES BARRY STEVENS; REAGAN KATHLEEN RUSSELL;

KAREN B. HAWES; ROGER DESJARLAIS; CHARLIE GREEN; BOB JANES;BRIAN BIGELOW; RAY JUDAH; TAMMY HALL; FRANK MANN; UNITED

STATES ATTORNEY(S); SEAN P. FLYNN; E. KENNETH STEGEBY; DAVID P.RHODES; A. BRIAN ALBRITTON; CYNTHIA A. PIVACEK; JOHNSON

ENGINEERING, INC.; STEVEN CARTA; MIKE SCOTT; HUGH D. HAYES;

GERALD D. SIEBENS; STATE OF FLORIDA ATTORNEY GENERAL;WILLIAM M. MARTIN; PETERSON BERNARD; SKIP QUILLEN; TOM

GILBERTSON, RYAN LENGERICH, NEWS PRESS,

Defendants.

PUBLISHED PUBLIC NOTICE OF

JUDICIAL CORRUPTION & FRAUD

____________________________________________________________________________/

PUBLISHED PUBLIC NOTICE OF CORRUPTION, CASE FIXING, AND CRIMES

BY DEF. CROOKED JUDGE CHARLENE E. HONEYWELL, AND IN PARTICULAR,

OF HER IDIOTIC INCOMPREHENSIBLE PUBLIC LANDCLAIM [DOC. # 213, P. 5]

OF PLAINTIFFS LOT 15A, AS CONVEYED IN REFERENCE TO PB 3, PG 25 (1912)

Lot 15A, among other property, was claimed as public land(Resolution 569/875")

(Dkt 5, Ex. 3, p. 9).

PUBLISHED RECORD AS TO PUBLIC CORRUPTION: DOC. # 93-1; 2:2007-cv-00228

___________________________________

/S/JENNIFER FRANKLIN PRESCOTTGovernmental Corruption & Fraud Victim, Plaintiff,pro se

P.O. BOX 845, Palm Beach, FL 33480; T: 561-400-3295______________________________________

/S/JORG BUSSE, M.D., M.M., M.B.A., C.P.M.

Judicial Corruption & Crime Victim; Plaintiff,pro se, [email protected] Cert. Res. Appraiser, Licensed Real Estate Broker, Mortgage Broker, Appraisal Instructor;

ATTACHED EXHIBITS & EVIDENCE OF PUBLIC CORRUPTION: DOC. # 93-1


32/89

Case 2:07-cv-00228-JES-SPC Document 93-1 Filed 08/07/07 Page 1 of 14


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TROY PARNELL

R EGISTE RE D R EAL E ST AT E B ROKE R

lA~~~~ Street~~

x~~x~:x~xFORT ~IYERS. I


47/89

-, ~-J.. ~\"

...""""~

STE\NART & KEYES" '-7

\:::::::",,/ATTORNEYS AT LAW

1534 HENDRY STREET

P.O . D RAWER 790

FORT MYERS. FL 33902-0790

WILLIAM L. STEWART

WILLIAM A. KEYES. JR.

(841) 334-7477FAX (841) 334-794

May 1 4, 1997

Mr. Troy Parnell1429 Colonial BoulevardSuite 203

Fort Myers, FL 33907 "

Dear Troy:

You have asked me about the ownership of the accretion to thearea between Lots 2 and 3, Block 14, Second Revised Plat of Cayo

Costa Subdivision and the Gulf of Mexico.

The Plat of this subdivision does not have any dedication of easements for any purpose. It divides the property into numberedblocks with spaces between, which are obviously intended" to beroads. It does, however, have the following wording:

IINOTE

All streets 60' wide

All alleys 20' wideAll lots shown in uniformly square

Blocks 50' x 130' other lots scale measure.1I

The area between the Blocks and the Gulf of Mexico has no

designation, but it is part of the street since all streets leadto it and there is no line indicating the end of the streets.

Our Supreme Court has repeatedly held that when a lot on asubdivision pl'at borders on a street each lot owner owns to thecenter of the street, and, when the street is on the border of thesubdivider's property title of the,lot owner extends to the out~rlimits of the street. .

In the case of Caples v. Taliaferro, 197 So. 861 the SupremeCourt said:

IIThere are also authorities holding that when astreet or highway is laid out wholly on the marginof a grantor' s land, a conveyance of the landsabutting such street or highway carried the fee tothe entire widt h of such street or highway unlessu - - - --- - ..:J"


48/89

,I

~'(

r

.Mr. Troy par'nellMay 14, 1997Pa ge Two

"The more specific question here involved is this:Where a street, way or walk way is laid out whollyon the margin of the grantor's lands, said street,way or walk way being bordered by navigable water,does a conveyance of land abutting on such street,way or walk way, as designated on the plat, carrythe fee to the"width of such street, way orwalkway, together with all riparian rights incidentthereto, unless expressly reserved?

While there is some conflict in the decisions on

this quest, we have reached the conclusion that the

answer should be in the affirmative."

There now appears to be considerable accretion to this streebordering these lots. Since ti tIe to the land under the streebelongs to you the accretion belongs to you. In the case Mexi co Bea ch Cor pora tion v. st. Joe pa per Cor pora tion, 97 So708, the Court said:

"The common-law rule which vests title to soil

formed along navigable waters by accretion orreliction in owners of abutting land is in force in

Florida."

I have assumed that you did not install groins or othedevices that caused this accretion. In the case of Board Trustees of the Internal Improvement Trust Fund v. Sand KAssociates, Ltd., 512 So.2d 934, our Supreme Court said:

"Waterfront owner who did not participate inconstruction of improvement which, together wi thnatural causes, caused accretion, had vested rightto new lands formed as a result of accretion,

notwithstanding fact that accretions or relictiohsoccurred in part because of artificialimprovements.

Very truly yours,

STEWART & KEYES

~ 1~Will i am . .\---tt---L. Stewar';-\

'.Tr ro - , J......


49/89

TROY PARNELL

REGISTERED REAL ESTATE BROKER

Xx


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OUTHWEST FLORIDA

Writer's Direct Dial Number: (941) 335-2236ARD OF COUNTY COMMISSIONERS

E. Manningict One

glas R. SI. Cernyict Two

Judahict Three

ew W. Coyict Four

E. Albionict Five

d D. Stilwell

ty Manager

es G. Yaeger

nty Attorney

a M. Parker

ntyHearingminer

December 15, 1998

Mr. Troy Parnell3922 Rogers StreetFort Myers, Fl 33901

Re: Second Revised Plat of Cayo Costa Subdivision/Accretion

Dear Mr. Parnell:

I am in receipt of your December 11, 1998 letter on the above. We will atteto review the history of the County Resolution and let you know our position as soas possible. In order to expedite review, I have taken the liberty of forwarding yinquiry to the attention of the County lands Department.

Very truly yours,

2~~County AttorneyJGY/jmxc: J. W. French, Director, Public Works

Karen Forsyth, County landsTimntn\l Innce .6.eeiet~nt 'nllnt\l .6.ttnrnc\l


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\.. -.,r

3922 Rogers Street

Ft. Myers, Florida 33901

February 12,1999

r. James G. Yaegerounty Attorney.O. Box 398

t. Myers, Florida 33902

Re: Second Revised Plat of Cayo CostaSubdivision/Accretion

ear Mr. Yaeger:

enclose a copy of my letter of January 29, 1999 and

lso a copy of your letter of December 15, 1998.

ince it has been two months I would think that your

ounty Lands Department has had time to respond.

t any rate I would appreciate your advising me as tohen I can expect an answer.

nc1s. (2)

Sin;_.~;%lY /. ~...


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. i

. .'. : r~LEECO~TY.'UTHWEST FLORIDA, .,..p

Writer's DirectDialNumber: (941) 335-2236ARD OF COUNTY COMMISSIONERS

E. Manningct One

glas R. SI. Cernyict Two

Judahict Three

ew W. Coy

ict Four

E.Albionict Five

d D. Stilwell

ty Manager

s G. Yaeger

ty Attorney

a M. Parker

ntyHearingminer

February 22, 1999

Mr.Troy Parnell3922 Roger StreetFort Myers, FL 33901

,

Re: Second Revised Plat of Cayo Costa Subdivision

Dear Mr. Parnell:

In response to your correspondence to Mr. Yaeger, the Lee County Attorney'sOffice researched the history of the second revised plat of the Cayo Costa Subdivisionand governing case law on accretion and reliction. Based on this research, we concludethat the public may have a valid claim to the accreted lands on the Gulf side of the CayoCosta Subdivision. Moreover, it is the Board's policy to retain public lands for publicpurposes rather than relinquishthose intereststo private entities. It would be acceptablefor the County to relinquish its interests in this property if the intent is to transfer theproperty in question to the State as part of the CARL Program. Your letter indicates thatthe' Board of Trustees of the Internal ImprovementTrust Fund of the State of Florida hasoffered to purchase the property, but claims that the resolution recorded in the public

records and reflected in the County Commission Minute Books calls into question yourclient's ability to convey fee simple title to the accreted lands. This office wouldrecommend that the Board of County Commissioners release the public's interest in theaccreted land on the condition that the County deed is held in escrow until the closingwith the State. At that time, the deed would be released and available for recordation inthe public records.

If your client is interested in pursuing this course of action, please contact me atyour earliest convenience so that we may discuss the details of this transaction.

f2 i egards

1~;uJr~tif a{f~;v1.

Donna Mafie Collins

Assistant County Attorney

DMC/ampcc: James G. Yaeger, County Attorney

Timot~y Jones, Assistant County Attorney

S:\LU\DMC\DMCL TR\PARNELL.WPD


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Dep~rtment of

Environmental Protection

Jeb Bush

Governor

Marjory Stoneman Douglas Building3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

Colleen

Sec

February 2, 2006

Troy Parnell3922 Roters Street

Ft. Myers, FL 33901

RE: Cayo Costa Project, Lee County0.30 Acres

Dear Property Owners:

As agent for the Department of Environmental Protection of the State of Florida, I ,ould like to extecash offer in the amount of $222,000.00, to purchase the above referenced property located in County, Florida. The State of Florida is offering to purchase this property due to its location withiarea that qualifies for State acquisition as part of the State's Florida Forever Program. The DivisioState lands will be the agent for this transaction.

Over the past several years, the State has diligently worked on acquiring property within the Cayo CProject. The state has had the properties appraised numerous times and has made several offeproperty owners. Recent purchases within the last year have caused the Division of State Land

reevaluate its priorities. I was recently informed that the funds and time allocated for this project now limited.

Prior to extending an offer to purchase property, Florida law requires an appraisal to be completed b

independent real estate appraiser. The appraiser is asked to give the market value of the property.

appraisal is confidential, by law, until a contract is signed by the Seller and approved by the DivisioState lands. Your offer was formulated based on such an appraisal.

Please notify me within 60 days of receipt of this offer and I will prepare, for your review,Agreement to purchase your property. It is important for you to know that this is a voluntprogram, and you are under no obligation to sell your property or participate in this program.

Many times owners prefer to donate their property and, in some cases, tax benefits may be realized fa donation. . An accountant, tax professional, or the Internal Revenue Service can provide you additional information. Please let us know if you are interested in donating the property for environme

purposes.

If I may provide additional information or assistance, please do not hesitate to call me at the numbelow. I hope to hear from you soon.

~Si.~cereIY'

c

.

.- ~"-.; -" \ --. ~ !- abrina Carter '-., (.~ c~~k G "--land Acquisition Agent

Bureau of Land Acquisition


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JEFF PARNELL

REAL ESTATE INVESTMENTS, INC.

KELLYROAD

TE 112

FLORIDA33908

LICENSED REAL ESTATE BROKER

(

FA.

K.M. Roesch, Jr. & Anita Roesch15411 NW 46th Ln.

Chi efland, FL 32626

May 15,20

Re: Gulf front lot on Cayo Casta

Dear Mr. & Mrs. Roesch:

My father, Troy Parnell and the estate of William Reynolds own the northern most gulfront lots (lots 1A & 2A). On December 10, 1969 the Lee County Commission voted tdeed itself an area of accretion to the west of certain gulf front lots. The effect of this

makes what was once gulf front lots no longer gulf front. They had no right to do this.We have done much research on this matter. There have been recent rulings by the cou

to support our position that the area of accretion belongs to the gulf front owners. I havhad discussions with attorneys in Miami and Sarasota that specialize in this matter andthey have suggested our case is so strong that we hire a local attorney here in town.

My father is prepared to move ahead with a law suit. Through our correspondence withthe county and discussions with attorneys we believe the county, state or DEP will notcan not do anything until they are sued. However, we will not go ahead without the

support of all the effected lot owners who will benefit from this. I have identified sevelot owners who will benefit from this and included the lots on the enclosed plat.

The estimated cost to file the suit is $15,000. Each owner will most likely have to surv

their lots including the accretion area at a cost of $7,500.each. Even though our case isextremely strong and supported by recent precedence we should be prepared to go to tat an estimated cost of an additional $25,000. This would be a total of approximately$13,215.00 for each lot owner.

The average depth ofthe accretion is about 1,400 feet. Most of the single lots are 50 fewide. That would be about 70,000 square feet more property for each 50 foot lot.Considering the state has offered as much as $18.00 per square foot for gulf front lots,reward for filing the law suit is impressive and the risk appears to be very low.

I am asking that each owner please contact me by telephone and let me know how youfeel about this issue so I can see what kind of consensus we have


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lf Front Lot Owners Effected:

oy Parnell & Reynolds Real Estate, LLP - Lots 2 & 3

sse, Jorg, PO Box 1126, Naples, Fl34106-

Lot 15A

wis, Allen E., Kensington Investments, 347 Congress St., #3A, Boston, MA, ts 23A & 24A

,

ubaie, Salman B 11810 Isle of Palms Dr., Ft. Myers Beach, FL 33931 - Lot 2

ucomm, Ruth K, Tr., 28232 Tung Oil Rd., Kinston, AL 36453 - Lot 28A

rvey, William R, 519 Clubside Dr., Naples, FL 34110 - Lot 67A

1 V""'T A .~-"" 1t:"A11 "THTA,thT_- nL~_'1 ! r'T ,.".,C,.,C T TI


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Lee Coun

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FT. MYERS DIVISION


PRESCOTT,

Plaintiffs,




Defendants.

NOTICE OF APPEARANCE

PLEASE TAKE NOTICE that the undersigned Special Attorney, on

behalf of the United States of America and the following officers

in their official capacities: John Edwin Steele, Sheri Polster

Chappell, Gerald Bard Tjoflat, Richard Jessup, Judge Birch, Judge

Dubina, and Richard A. Lazzara, hereby enters his Notice of

Appearance in this case, and requests that the Court mail all

notices and orders and the like to its undersigned counsel at the

address indicated below.



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Respectfully submitted, this 30th day of June, 2010.








as follows:

Jorg Bussec/o Legal and Consular Department100 N. Biscayne Blvd.Suite 2200Miami, FL 33132

Jennifer Franklin PrescottP.O. Box 845Palm Beach, FL 33480




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FT. MYERS DIVISION


PRESCOTT,

Plaintiffs,

v. Case No. 2:10-cv-89-CEH-TGW



Defendants.

CERTIFICATE OF INTERESTED PERSONSAND CORPORATE DISCLOSURE STATEMENT

I hereby disclose the following pursuant to this Courts

interested persons order:

1. The name of each person, attorney, association ofpersons, firm, law firm, partnership, and corporation that has ormay have an interest in the outcome of this action - includingsubsidiaries, conglomerates, affiliates, parent corporations,publicly-traded companies that own 10% or more of a partys

stock, and all other identifiable legal entities related to anyparty in the case:

a. District Judge John Edwin Steeleb. Magistrate Judge Sheri Polster Chappellc. Circuit Judge Gerald Bard Tjoflatd. Deputy U.S. Marshal Richard Jessupe. Circuit Judge Stanley Birchf. Chief Circuit Judge Joel Dubinag. District Judge Richard A. Lazzara



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2. The name of every other entity whose publicly-tradedstock, equity, or debt may be substantially affected by theoutcome of the proceedings:

None.

3. The name of every other entity which is likely to be anactive participant in the proceedings, including the debtor andmembers of the creditors committee (or twenty largest unsecuredcreditors) in bankruptcy cases:

None.

4. The name of each victim (individual or corporate) ofcivil and criminal conduct alleged to be wrongful, includingevery person who may be entitled to restitution:

Plaintiffs Jennifer Franklin Prescott and Jorge Busse

I hereby certify that, except as disclosed above, I amunaware of any actual or potential conflict of

Doc. ## 29, 28, 27, 25, Def. TONY WEST, U.S. Assistant Attorney, Civil Division

Documents

Transcript of Doc. ## 29, 28, 27, 25, Def. TONY WEST, U.S. Assistant Attorney, Civil Division