New Orleans, LA – Nathan Shumaker, a former employee of Alliance Energy Services, has been sentenced to 12 months of probation and ordered to pay a $2,500 fine 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 in December 2020, highlights ongoing concerns about 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 discharging the waste directly into the Gulf.
The crucial element of the case, however, extends beyond the initial discharge. Thomas Wharton, a corporate official with Montco Oilfield Contractors, LLC, and the highest-ranking employee present on the platform at the time, was aware of the incident. Wharton was legally obligated to report the discharge to the appropriate authorities, a responsibility he failed to fulfill. The 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 fact.
Federal prosecutors emphasized the severity of the offense, noting that intentional or negligent discharges of pollutants into navigable waters pose a significant threat to marine ecosystems and coastal communities. The delay in reporting further compounded the issue, hindering timely investigation and potential mitigation efforts. While Shumaker received the direct penalty, the case underscores the responsibility of corporate officials to ensure environmental regulations are followed and any violations are promptly addressed.
Legal Ramifications
Shumaker was convicted of violating 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 pollutants into navigable waters without a permit and mandate the reporting of any such discharge. The penalties included a 12-month probationary period and a $2,500 fine. Wharton also faced legal consequences, pleading guilty to a violation of the Oil Pollution Act (33 U.S.C. § 1321(b)(5)).
Key Facts
- Defendant: Nathan Shumaker
- Location: Gulf of Mexico, Vermillion 124 Platform
- Date of Offense: July 31 – August 2, 2016
- Statutes Violated: 33 U.S.C. § 1319(c)(1)(A), 33 U.S.C. § 1321(b)(3)
- Penalty: 12 months probation, $2,500 fine
- Reporting Failure: Corporate official Thomas Wharton failed to report the discharge.
The EPA continues to aggressively pursue enforcement actions against individuals and companies that violate environmental laws, particularly in sensitive areas like the Gulf of Mexico. This case serves as a warning that both direct polluters and those who fail to uphold their reporting obligations will be held accountable for their actions.
Source: EPA ECHO Enforcement Case Database
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