The Pelican Brief

Darby smiled and looked away. Exactly a week ago, she and Thomas were waiting for dinner in the bar at Mouton's. He was wearing a black silk blazer, denim shirt, red paisley tie and heavily starched khakis. Shoes, but no socks. The shirt was unbuttoned and the tie was loose. They had talked about the Virgin Islands and Thanksgiving and Gavin Verheek while they waited on a table. He was drinking fast, and that was not unusual. He got drunk later, and it saved her life.

She had lived a year in the past seven days, and she was having a real conversation with a live person who did not wish her dead. She crossed her feet on the coffee table. It was not uncomfortable having him here in her room. She relaxed. His face said, "Trust me." And why not? Whom else could she trust?

"What are you thinking about?" he asked.

"It's been a long week. Seven days ago I was just another law student busting my tail to get to the top. Now look at me."

He was looking at her. Trying to be cool, not like a gawking sophomore, but he was looking. The hair was dark and very short, and quite stylish, but he liked the long version in yesterday's fax.

"Tell me about Thomas Callahan," he said.

"Why?"

"I don't know. He's part of the story, isn't he?"

"Yeah. I'll get to it later."

"Fine. Your mother lives in Boise?"

"Yes, but she knows nothing. Where's your mother?"

"Short Hills, New Jersey," he answered with a smile. He crunched on an ice cube and waited for her. She was thinking.

"What do you like about New York?" she asked.

"The airport. It's the quickest way out."

"Thomas and I were here in the summer. It's hotter than New Orleans."

Suddenly, Grantham realized she was not just a hot little coed, but a widow in mourning. The poor lady was suffering. She had not been checking out his hair or his clothes or his eyes. She was in pain. Dammit!

"I'm very sorry about Thomas," he said. "I won't ask about him again."

She smiled but said nothing.

There was a loud knock. Darby jerked her feet off the table, and glared at the door. Then she breathed deeply. It was the food.

"I'll get it," Gray said. "Just relax."

For centuries, a quiet but mammoth battle of nature raged without interference along the coastline of what would become Louisiana. It was a battle for territory. No humans were involved until recent years. From the south, the ocean pushed inland with its tides and winds and floods. From the north, the Mississippi River hauled down an inexhaustible supply of freshwater and sediment, and fed the marshes with the soil they needed to vegetate and thrive. The saltwater from the Gulf eroded the coastline and burned the freshwater marshes by killing the grasses that held them together. The river responded by draining half the continent and depositing its soil in lower Louisiana. It slowly built a long succession of sedimentary deltas, each of which in turn eventually blocked the river's path and forced it to change course yet again. The lush wetlands were built by the deltas.

It was an epic struggle of give-and-take, with the forces of nature firmly in control. With the constant replenishment from the mighty river, the deltas not only held their own against the Gulf, but expanded.

The marshlands were a marvel of natural evolution. Using the rich sediment as food, they grew into a green paradise of cypress and oak and dense patches of pickerelweed and bulrush and cattails. The water was filled with crawfish, shrimp, oysters, red snappers, flounder, pompano, bream, crabs, and alligators.

The coastal plain was a sanctuary for wildlife. Hundreds of species of migratory birds came to roost.

The wetlands were vast and limitless, rich and abundant.

Then oil was discovered there in 1930, and the rape was on. The oil companies dredged ten thousand miles of canals to get to the riches. They crisscrossed the fragile delta with a slashing array of neat little ditches. They sliced the marshes to ribbons.

They drilled, found oil, then dredged like maniacs to get to it. Their canals were perfect conduits for the Gulf and its saltwater, which ate away at the marshes.

Since oil was found, tens of thousands of acres of wetlands have been devoured by the ocean. Sixty square miles of Louisiana vanishes every year. Every fourteen minutes, another acre disappears under water.

In 1979, an oil company punched a hole deep in Terrebonne Parish and hit oil. It was a routine day on just another rig, but it was not a routine hit. There was a lot of oil. They drilled again an eighth of a mile away, and hit another big one. They backed off a mile, drilled, and hit an even bigger one. Three miles away, they struck gold again.

The oil company capped the wells and pondered the situation, which had all the markings of a major new field.

The oil company was owned by Victor Mattiece, a Cajun from Lafayette who'd made and lost several fortunes drilling for oil in south Louisiana. In 1979, he happened to be wealthy, and more importantly, he had access to other people's money. He was quickly convinced he had just tapped a major reserve. He began buying land around the capped wells.

Secrets are crucial but hard to keep in the oilfields. And Mattiece knew if he threw around too much money, there would soon be a mad rush of drilling around his new gold mine. A man of infinite patience and planning, he looked at the big picture and said no to the quick buck. He decided he would have it all. He huddled with his lawyers and other advisers, and devised a plan to methodically buy the surrounding land under a myriad of corporate names. They formed new companies, used some of his old ones, purchased all or portions of struggling firms, and went about the business of acquiring acreage.

Those in the business knew Mattiece, and knew he had money and could get more. Mattiece knew they knew, so he quietly unleashed two dozen faceless entities upon the landowners of Terrebonne Parish. It worked without a major hitch.

The plan was to consolidate territory, then dredge yet another channel through the hapless and beleaguered marshlands so that the men and their equipment could get to the rigs and the oil could be brought out with haste. The canal would be thirty-five miles long and twice as wide as the others. There would be a lot of traffic.

Because Mattiece had money, he was a popular man with the politicians and bureaucrats. He played their game skillfully. He sprinkled money around where needed. He loved politics, but hated publicity. He was paranoid and reclusive.

As the land acquisition sailed smoothly along, Mattiece suddenly found himself short of cash. The industry turned downward in the early eighties, and his other rigs stopped pumping. He needed big money, and he wanted partners adept at putting it up and remaining silent about it. So he stayed away from Texas. He went overseas and found some Arabs who studied his maps and believed his estimate of a mammoth reserve of crude and natural gas. They bought a piece of the action, and Mattiece had plenty of cash again.

He did the sprinkling act, and obtained official permission to gouge his way through the delicate marshes and cypress swamps. The pieces were falling majestically into place, and Victor Mattiece could smell a billion dollars. Maybe two or three.

Then an odd thing happened. A lawsuit was filed to stop the dredging and drilling. The plaintiff was an obscure environmental outfit known simply as Green Fund.

The lawsuit was unexpected because for fifty years Louisiana had allowed itself to be devoured and polluted by oil companies and people like Victor Mattiece. It had been a trade-off. The oil business employed many and paid well. The oil and gas taxes collected in Baton Rouge paid the salaries of state employees.

The small bayou villages had been turned into boomtowns. The politicians from the governors down took the oil money and played along. All was well, and so what if some of the marshlands suffered.

Green Fund filed the lawsuit in the U.S. District Court in Lafayette. A federal judge halted the project pending a trial on all issues.

Mattiece went over the edge. He spent weeks with his lawyers plotting and scheming. He would spare no expense to win. Do whatever it took, he instructed them. Break any rule, violate any ethic, hire any expert, commission any study, cut any throat, spend any amount of money. Just win the damned lawsuit.

Never one to be seen, he assumed an even lower profile. He moved to the Bahamas and operated from an armed fortress at Lyford Cay. He flew to New Orleans once a week to meet with the lawyers, then returned to the island.

Though invisible now, he made certain his political contributions increased. His jackpot was still safe beneath Terrebonne Parish, and he would one day extract it, but one never knows when one will be forced to call in favors.

By the time the Green Fund lawyers, both of them, had waded in ankle deep, they had identified over thirty separate defendants. Some owned land. Some did exploring. Others laid pipe. Others drilled. The joint ventures and limited partnerships and corporate associations were an impenetrable maze.

The defendants and their legions of high-priced lawyers answered with a vengeance. They filed a thick motion asking the judge to dismiss the lawsuit as frivolous. Denied. They asked him to allow the drilling to continue while they waited on a trial. Denied. They squealed with pain and explained in another heavy motion how much money was already tied up in exploration, drilling, etc. Denied again. They filed motions by the truckload, and when they were all denied and it was evident there would one day be a trial by jury, the oil lawyers dug in and played dirty.

Luckily for Green Fund's lawsuit, the heart of the new oil reserve was near a ring of marshes that had been for years a natural refuge for waterfowl. Ospreys, egrets, pelicans, ducks, cranes, geese, and many others migrated to it. Though Louisiana has not always been kind to its land, it has shown a bit more sympathy for its animals. Since the verdict would one day be rendered by a jury of average and hopefully ordinary people, the Green Fund lawyers played heavy on the birds.

The pelican became the hero. After thirty years of insidious contamination by DDT and other pesticides, the Louisiana brown pelican perched on the brink of extinction. Almost too late, it was classified as an endangered species, and afforded a higher class of protection. Green Fund seized the majestic bird, and enlisted a half-dozen experts from around the country to testify on its behalf.

With a hundred lawyers involved, the lawsuit moved slowly. At times it went nowhere, which suited Green Fund just fine. The rigs were idle.

Seven years after Mattiece first buzzed over Terrebonne Bay in his jet helicopter and followed the swamplands along the route his precious canal would take, the pelican suit went to trial in Lake Charles. It was a bitter trial that lasted ten weeks. Green Fund sought money damages for the havoc already inflicted, and it wanted a permanent injunction against further drilling.

The oil companies brought in a fancy litigator from Houston to talk to the jury. He wore elephant-skin boots and a Stetson, and could talk like a Cajun when necessary. He was stout medicine, especially when compared to the Green Fund lawyers, both of whom had beards and very intense faces.

Green Fund lost the trial, and it was not altogether unexpected. The oil companies spent millions, and it's difficult to whip a bear with a switch. David pulled it off, but the best bet is always on Goliath. The jurors were not impressed with the dire warnings about pollution and the frailness of wetland ecology. Oil meant money, and folks needed jobs.

The judge kept the injunction in place for two reasons. First, he thought Green Fund had proven its point about the pelican, a federally protected species. And it was apparent to all that Green Fund would appeal, so the matter was far from over.

The dust settled for a while, and Mattiece had a small victory. But he knew there would be other days in other courtrooms. He was a man of infinite patience and planning.

The tape recorder was in the center of the small table with four empty beer bottles around.

He made notes as he talked. "Who told you about the lawsuit?"

"A guy named John Del Greco. He's a law student at Tulane, a year ahead of me. He clerked last summer for a big firm in Houston, and the firm was on the periphery of the hostilities. He was not close to the trial, but the rumors and gossip were heavy."

"And all the firms were from New Orleans and Houston?"