Resources for Houston’s Hurricane Katrina relief effort

welcome_to_Texas.JPGBe sure to check out blogHouston.net where Anne Linehan and Kevin Whited are doing an excellent job of chronicling the local resources in support of Houston’s extraordinary Hurricane Katrina relief effort. Anne and Kevin have several posts relating to the relief effort, and they will be adding additional ones over the next several days. Check out their site periodically for updates. A great organization job by two of Houston’s best bloggers.
Update: Local blog The Lone Star Times is liveblogging from the Astrodome, providing a fascinating resource for keeping up with the unfolding developments within the largest refugee camp to be established on U.S. soil in many, many years. The Chronicle has also started up the Domeblog that is providing periodic updates from the Astrodome.

Where is the Road Warrior?

new orleans flood.jpgThe following description of downtown New Orleans was posted about an hour ago from the Interdictor blog, the author of which is securing a building in downtown New Orleans. The description sounds as if it is coming straight out of a scene from The Road Warrior:

“Situation is critical.
I’m not leaving, so stop asking. I’m staying. I am staying until this shitstorm has blown itself out. Period. End of discussion.
Now for some updates:
1. Been too busy to debrief the police officer, so that will come later. Low priority now.
2. Buses loading people up on Camp Street to take refugees to Dallas, or so the word on the street (literally) is.
3. Dead bodies everywhere: convention center, down camp street, all over.
4. National Guard shoving water off the backs of trucks. They’re just pushing it off without stopping, people don’t even know it’s there at first — they drop it on the side in debris, there’s no sign or distribution point — people are scared to go near it at first, because the drop points are guarded by troops or federal agents with assault rifles who don’t let people come near them, which scares people off. It is a mess. When people actually get to the water, they are in such a rush to get it that one family left their small child behind and forget about him until Sig carried him back to the family.
It’s raining now and I guess that’s a relief from the heat. It’s hot as hell down there in the sun. Crime is absolutely rampant: rapes, murders, rape-murder combinations.
I have really cut back answering IMs. Not enough time. I apologize people.
In case anyone in national security is reading this, get the word to President Bush that we need the military in here NOW. The Active Duty Armed Forces. Mr. President, we are losing this city. I don’t care what you’re hearing on the news. The city is being lost. It is the law of the jungle down here. The command and control structure here is barely functioning. I’m not sure it’s anyone’s fault — I’m not sure it could be any other way at this point. We need the kind of logistical support and infrastructure only the Active Duty military can provide. The hospitals are in dire straights. The police barely have any capabilities at this point. The National Guard is doing their best, but the situation is not being contained. I’m here to help in anyway I can, but my capabilities are limited and dropping. Please get the military here to maintain order before this city is lost.
Doing what we can, this is Outpost Crystal getting back to work.”

In another development, CNN is reporting that the town of Waveland, Mississippi — a town of 7,000 thirty-five miles east of New Orleans — has been destroyed completely. The CNN story includes a grim video that indicates that there was a huge — but still undetermined at this point — loss of life in Waveland during the storm.
Update: The Chronicle’s Eric Berger passes along this daunting description of the conditions in New Orleans from Dr. Richard Bradley, a professor at both the University of Texas Houston Medical School and Baylor College of Medicine, who is assigned to the elite Texas Task Force One Urban Search and Rescue team that was deployed to the News Orleans disaster area on the evening of Saturday, Aug. 27, a day before the hurricane hit the area.

Fifth Circuit emergency operations

5th Cir logo5.gifSeveral friends and fellow bloggers have asked over the past several days how the New Orleans-based Fifth Circuit Court of Appeals (website currently down) is dealing with the destruction that has resulted from Hurricane Katrina, so I made a couple of calls yesterday to determine the Court’s status and pass along the following information.
The Court will probably relocate on a temporary basis to Houston, where two of the Court’s most prominent members — Chief Judge Carolyn Dineen King and Edith H. Jones — make their homes and maintain offices. Thankfully, of the Court’s 15 judges, only three of them live in New Orleans — Jacques Wiener, James Dennis and Edith Brown Clement — and each of them has been relocated and are safe.
For now, Judge King’s office in Houston is serving as the court’s unofficial clerk’s office and is coordinating emergency matters in pending cases, such as death penalty stays. The Court has not yet determined when it will resume regular operations, so filing deadlines have been extended and appellate attorneys are instructed not to send any filings to the New Orleans courthouse. Further instructions regarding emergency Court matters can be found here for the time being, and then at the Fifth Circuit’s website when it is back up and running, which is expected soon.
The Fifth Circuit has had in place contingency plans for a Katrina-type disaster for some time, so the Court is currently proceeding according to that plan. As the storm approached New Orleans over this past weekend, court staff started moving some files from the first floor to the second floor in anticipation of flooding. On Saturday, the court cancelled its oral argument schedule for this week and ordered staff to evacuate the city. Most of the Court’s recent documents are digitized and stored on computer, which are backed up daily and stored on servers located in Baton Rouge and Shreveport, so the Court’s current cases should not be adversely affected to any large degree.
I will post periodic updates on the Fifth Circuit’s operations as more information becomes available over the next several days.

Houston takes in New Orleans’ weary

astrodome5.jpgAs the effects of the worst natural disaster of our time continued to become more apparent with each passing hour, Houston opened its arms to tens of thousands of New Orleans citizens who lost virtually everything but their lives.
Houston’s venerable Astrodome — the subject of a local debate over what to do with aging landmark — was prepared yesterday to receive as many as 25,000 evacuees from New Orleans, many of whom have spent the past five days inside the deteriorating Louisiana Superdome in downtown New Orleans. The evacuees are expected to begin heading for Houston this morning in a caravan of almost 500 buses provided by the Federal Emergency Management Agency. As if to underscore the desperation of the situation, two of the three first buses to reach the Astrodome from New Orleans early this morning were “renegade” buses that did not contain evacuees from the Superdome. The Astrodome went ahead and took in the evacuees from all the buses, anyway. This earlier post provides links to blogs that provide up-to-the minute updates on the situation in New Orleans and the Gulf Coast.
Unfortunately, the chaos in New Orleans has delayed the evacuation of the Superdome on Thursday morning. The Associated Press is reporting the following as of 7:15 a.m.:

The evacuation of the Superdome was suspended Thursday after shots were fired at a military helicopter, an ambulance official overseeing the operation said. No immediate injuries were reported.
“We have suspended operations until they gain control of the Superdome,” said Richard Zeuschlag, head of Acadian Ambulance, which was handling the evacuation of sick and injured people from the Superdome.
He said that military would not fly out of the Superdome either because of the gunfire and that the National Guard told him that it was sending 100 military police officers to gain control.
“That’s not enough,” Zeuschlag. “We need a thousand.”

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DeGabrielle is the choice for U.S. Attorney

DOJTX.JPGFirst Assistant U.S. Attorney Don DeGabrielle — the favored candidate of most of Houston’s criminal defense bar — was recommended to President Bush today by Texas Senators Kay Bailey Hutchison and John Cornyn to become the next U.S. Attorney for the Southern District of Texas. Mr. DeGabrielle will replace his former boss, Michael Shelby, who resigned in June to join Houston-based Fulbright & Jaworski’s white collar crime section.Chuck Rosenberg, a former chief of staff to U.S. Deputy Attorney General James Comey, has been the interim U.S. Attorney since Mr. Shelby’s resignation.
Inasmuch as Mr. DeGabrielle has been with the local U.S. Attorney’s office since 1986, he is well-known to the local criminal defense bar that has become somewhat frustrated with the revolving door nature of the U.S. Attorney’s job in Houston over the past decade. Given the misconduct of the Enron Task Force in a number of high-profile Enron-related criminal cases over the past year, a huge sigh of relief could be heard from Houston’s criminal defense bar when Mr. DeGabrielle was recommended instead of one of the prosecutors off of the Task Force, at least one of whom was known to have applied for the position. Mr. DeGabrielle and the rest of the local U.S. Attorney’s office recused themselves at the outset of the criminal investigation into Enron, which led to the creation of the Enron Task Force in the first place.
Meanwhile, Senators Hutchison and Cornyn also recommended to President Bush that Fulbright & Jaworski partner and well-known local maritime lawyer Gray Miller replace U.S. District Judge Ewing Werlein Jr., who is scheduled to take senior status at the end of this year.

AG intervenes in Baylor-Methodist squabble

TMC5.jpgThe Chronicle’s Todd Ackerman continues his fine reporting on the saga of the Medical Center divorce between The Methodist Hospital and Baylor College of Medicine with this report that Texas Attorney General Greg Abbott has engaged the feuding ex-partners in a series of meetings over the past two weeks for the purpose of ending the bickering between the institutions, which has been going on for the better part of two years now.
In the meantime, Mr. Ackerman reports that, even as the talks took place, eleven Baylor cardiologists left for Methodist, bringing to 80 the total number of physician and faculty defections that Baylor has suffered since the split in April, 2004. Previously, Baylor departments of pathology, neurology/neurosurgery, plastic surgery, anesthesiology and orthopedics suffered physician or faculty losses to Methodist.
A former Houstonian, Mr. Abbott clearly is taking a special interest in resolving the Baylor-Methodist feud that has shaken Houston’s Texas Medical Center. Mr. Abbott was a young attorney in private practice in Houston during the early 1980’s when he was paralyzed from the waist down after being seriously injured by a falling tree branch while jogging at Houston’s Memorial Park. Mr. Abbott was treated at Medical Center hospitals, and he has often publicly expressed his appreciation for the extraordinary treatment that he received there, particularly his rehabilitation stint at The Institute for Rehabilitation and Research (known as “TIRR”). As such, he is a powerful voice for the public interest in mediating the Baylor-Methodist dispute.

The David Boies Copy Club

David Boies.jpgLet’s see if we can keep this all straight.
David Boies — who champions himself as an advocate of honest corporate governance — was Tyco’s outside counsel in connection with investigating corporate fraud by Tyco management, and one of the prosecution’s main witnesses in the corporate fraud trial against former Tyco executives Dennis Kozlowski and Mark Swartz.
On the other hand, Mr. Boies is one of the members of Maurice “Hank” Greenberg’s defense team in connection with defending Mr. Greenberg from Eliot Spitzer’s allegations that Mr. Greenberg perpetrated fraud at AIG.
In the meantime, Mr. Boies just resigned as special counsel for Adelphia for violating the Bankruptcy Code and Rules by failing to disclose to the Adelphia Bankruptcy Court that members of his family indirectly own a substantial interest in a document management services company that did between $5 and $10 million of business with Adelphia. Apparently, other clients of Mr. Boies’ firm also have paid substantial sums to the document management company without knowing of the affiliation to Mr. Boies’ family members.
This Wall Street Journal ($) article has more, as does Larry Ribstein.

Further assessment of Katrina’s economic impact

mars platform.jpgAs companies involved in the U.S. oil and gas industry continue to assess the damage that Hurricane Katrina has caused to Gulf of Mexico and Gulf Coast production facilities, Royal Dutch Shell PLC announced on Tuesday that its Mars floating production platform, which generates about 220,000 barrels of oil and 220 million cubic feet of natural gas daily, has sustained significant damage, as reflected by the picture on the left. It appears that the platform’s above-water module has overturned as a result of the storm. Here are the previous posts over the past several days on Hurricane Katrina.
Meanwhile, initial damage assessments from the hurricane sent oil and gasoline futures prices sharply higher as the storm appears to have knocked out about 10% of U.S. refining capacity for what could be an extended period of time. Katrina has flooded the areas around several major refineries and possibly the refineries themselves, so even when crude-oil production in the Gulf of Mexico is restored, converting that oil into gasoline and other products requires refineries that may not be online for quite some time. Eight major U.S. refineries in the Gulf Coast that produce gasoline, heating oil and other products for distribution across the Southeast and the East Coast remain closed as damage assessments continue.

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Situation in New Orleans deteriorating

hurricane4.jpgThe already dire situation in New Orleans has taken a turn for the worse this morning as the breach in the 17th Street Canal Levee is now 200 feet wide and slowly flooding the entire city. In short, the worst-case scenario may be occurring as flood waters completely fill the below sea-level bowl that is New Orleans, potentially turning Lake Pontchartrain and the city into one big toxic lake.
For those of you who cannot monitor developments via television, Brendan Loy has been doing an incredible job of blogging developments as they occur, so check on his site frequently for updates. Also, WWLTV in New Orleans has established this blog that provides continual updates on developments in the city. Finally, the Interdictor is also providing up-to-date eyewitness accounts of developments in New Orleans.
In addition, the Chronicle’s Eric Berger has been doing an outstanding job of analyzing Hurricane Katrina developments on a more thorough basis on his SciGuy blog. The Chronicle’s Loren Steffy has also been doing a fine job of keeping up with the financial implications of the hurricane over at his Full Disclosure blog. Finally, here is an excellent Washington Post article that summarizes the difficult situation well.
The disastrous situation in New Orleans is exhibiting how weblogs are becoming an increasingly important medium for disseminating urgent and specialized information. The Chronicle’s excellent technology writer, Dwight Silverman, pushed the local newspaper into the blogosphere, and the brilliance of his vision is now being fulfilled by the his work and that of his colleagues. Kudos to Chronicle management for embracing this important information medium.

“You’re a bully, Mr. Lanier, and you’re not going to get away with it now”

merck_logo4.jpgThat was one of the comments of Richard A. Epstein, the James Parker Hall Distinguished Service Professor of Law at the University of Chicago and the Peter and Kirsten Bedford Senior Fellow at the Hoover Institution, during this heated exchange with Merck slayer Mark Lanier on Larry Kudlow’s show over the merits of the Ernst v. Merck verdict. The debate comes on the heels of Mr. Epstein’s impassioned criticism of the Merck/Vioxx fiasco in this Opinion Journal op-ed, in which he accused Mr. Lanier of intentionally misleading the jury during the trial. Here are the previous posts on the Merck/Vioxx case.

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