Blanco to make cameo in Murphy Oil hearing

BATON ROUGE -- In an almost unprecedented move, Gov. Kathleen Blanco is scheduled to appear in federal court today to support a $330 million settlement in a class-action suit filed by St. Bernard Parish residents against Murphy Oil USA Inc. after a Hurricane Katrina oil spill at the company's Meraux refinery.

Daniel Becnel, an attorney for the plaintiffs, said he and other attorneys for the suing class invited the governor to appear at the 9 a.m. hearing called by U.S. District Judge Eldon Fallon to review settlement terms hammered out by the parties.

Marie Centanni, the governor's press secretary, said the governor's appearance is simply to offer "a general statement of support for the settlement."

Becnel agreed that it is not typical for an elected official to wade into a private-sector civil matter in so public a fashion. But he called it an appropriate maneuver in an unusual case.

"I've been doing this for 38 years, and we've never had something resolved this fast," he said, comparing the nine-figure settlement reached in about a year to other complex litigation that drags on for several years.

He credited Fallon with pressuring the parties and Blanco and the Louisiana congressional delegation to ensure that the several thousand affected Chalmette residents will not have to deduct any money they get when figuring their grant from the state's Road Home program.

"She wants to give kudos to the judge, to Murphy Oil, to St. Bernard Parish and all of the lawyers for coming together, because that's the way to do things," Becnel said.

Becnel said the plaintiffs' team also invited Louisiana's members of Congress. The delegation declined because of scheduling conflicts with today's swearing-in ceremonies for the new Congress.

Efforts to reach Kerry Miller, lead attorney for Murphy Oil, were not successful.

Becnel said he does not expect Murphy attorneys to pose any aggressive questions to Blanco.

An unusual move

Edward Sherman, a Tulane University law professor with expertise in complex litigation, said he has never heard of an elected official of Blanco's stature appearing in a private civil matter.

"It's an indication of the importance of getting this settled," Sherman said.

Sherman noted that even in tobacco litigation of the 1990s, which eventually involved all 50 states directly, governors typically left actual legal maneuvering to the attorneys general.

Fallon, Sherman said, could conceivably direct questions to Blanco at the hearing.

However exceptional Blanco's appearance might be from a legal perspective, one veteran Louisiana political observer said it makes perfect sense for the governor heading into an election year.

Ed Renwick, director of Loyola University's Institute of Politics, said Blanco must find and claim any victory possible after many months of low approval ratings and the recent, dysfunctional special session.

"When you've had that much trouble, you're not looking to hit a grand slam; you're just looking for a single," he said, invoking a baseball analogy.

Politically, the appearance also represents Blanco forging a link with an unlikely ally -- trial lawyers -- at least when considering her 2003 path to the governor's office.

"I can't think of one single plaintiffs attorney that was for her," said Becnel, noting that the group backed then-Attorney General Richard Ieyoub in the primary.

According to the Center for Money in State Politics, a nonpartisan watchdog group, lawyers and lobbyists chipped in $399,147 of Blanco's $4.8 million fund-raising total in 2003. The group does not break down lawyers' contributions by their types of practice.

Come together

Becnel, whose practice is based in St. John the Baptist Parish, said Blanco's appearance has nothing to do with politics.

"This is where everybody came together -- government, the judiciary, corporate America, plaintiffs attorneys -- and she wants to recognize that," he said. "This has something to do with people getting money in their hands and getting people back home."

Becnel said he does not expect Fallon to make any major changes to the settlement agreement. Becnel said that as of Monday, the only objections came from residents who questioned the award zone assigned to their home. Individual settlement amounts are based in part on where a home is located in relation to the refinery.

"We've got people saying that their damage in one zone was just as bad as another," Becnel said.

Fallon has appointed a special master to hear those complaints individually.

Becnel said several residents had withdrawn their objections after meeting with the special master.

"By the time this hearing starts, we may not have any objectors at all," he said.

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