Nathan Shumaker, Discharge of Oil, Louisiana 2016

New Orleans, LA – Nathan Shumaker, a former employee of Alliance Energy Services, was sentenced to 12 months of probation and ordered to pay a $2,500 fine in December 2020 for his role in illegally discharging oily waste into the Gulf of Mexico. The case, investigated by the Environmental Protection Agency (EPA) and resulting in a guilty plea, highlights ongoing concerns regarding environmental compliance within the offshore oil and gas industry.

According to court documents, the incident occurred between July 31, 2016, and August 2, 2016, while Shumaker was working on the Vermillion 124 platform, operated by Black Elk Trust. Multiple employees reportedly witnessed and documented a visible sheen on the water’s surface, indicative of an oil discharge. Shumaker admitted to intentionally releasing the oily waste directly into the Gulf.

The critical failing in this case wasn’t solely the discharge itself, but the subsequent cover-up. Thomas Wharton, a corporate official with Montco Oilfield Contractors, LLC and the highest-ranking employee on the platform at the time, was aware of the discharge. Wharton, who previously pleaded guilty to a violation of the Oil Pollution Act, failed to report the incident to the appropriate authorities, as mandated by federal law. The platform operator, Black Elk Trust, eventually reported the discharge to the Bureau of Safety and Environmental Enforcement (BSEE) on August 16, 2016 – over two weeks after the initial event.

Federal prosecutors argued that Shumaker’s actions demonstrated a blatant disregard for environmental regulations designed to protect the Gulf of Mexico’s fragile ecosystem. The EPA’s criminal enforcement division emphasized the importance of holding individuals accountable for polluting vital waterways. This case underscores the agency’s commitment to prosecuting those who prioritize profit over environmental stewardship.

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Legal Ramifications

Shumaker was found to have violated the Clean Water Act, specifically 33 U.S.C. 1319(c)(1)(A) and 33 U.S.C. 1321(b)(3). These statutes prohibit the discharge of oil or hazardous substances into navigable waters of the United States without a permit and require immediate reporting of any such discharge. The penalties for violating these laws can include significant fines, imprisonment, and liability for cleanup costs. Wharton’s guilty plea related to a separate violation – 33 U.S.C. § 1321(b)(5) – pertaining to failure to report the oil discharge.

Key Facts

Defendant: Nathan Shumaker
Location: Gulf of Mexico, offshore Louisiana
Date of Incident: July 31 – August 2, 2016
Laws Violated: 33 U.S.C. 1319(c)(1)(A), 33 U.S.C. 1321(b)(3)
Penalty: 12 months probation, $2,500 fine
Co-Defendant: Thomas Wharton (pleaded guilty to failure to report)
Platform Operator: Black Elk Trust

The incident serves as a stark reminder of the potential environmental consequences of negligence and intentional misconduct within the energy sector. The GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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