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BP’s Gulf Oil Spill Trial 101: A Primer

Sara Gonzalez-Rothi — Fri, 01 Mar 2013 15:54:59 +0000

This week was the start of the Deepwater Horizon disaster trial. Remember the start of the disaster itself? Initially, BP was downplaying, denying, and hiding the awful truth: that crude oil, natural gas, and methane hydrates were gushing into one of the most productive ecosystems in the world. For 87 days, I watched as the oil flowed unabated, afraid of what this meant for my home state of Florida and thinking, “our response to this will be a defining moment for my generation.”

An oiled brown pelican floats in the Gulf during the height of the 2010 oil spill. Photo credit: Louisiana Governor’s office.

It’s now almost three years later, and a year since the Senate voted by an overwhelming bipartisan majority to send the civil fines that will ultimately be assessed in this case back to the Gulf region. The start of the trial makes the potential behind this bill ever more real.

One way or another—either through a ruling or a settlement—BP will be held liable for violations of federal environmental laws designed to protect the public from pollution.

So far, the evidence has confirmed some things we already knew from the multiple investigations into the disaster. BP’s corporate mantra that “every dollar counts” put profits over safety in the Gulf of Mexico.

The restoration needs of the Gulf are real, they are imminent, and they must be addressed now. But any final judgment or settlement that fails to adequately compensate for the losses and deter future recklessness would be an injustice for the Gulf and for the nation.

For those who are watching to make sure BP is held accountable, here’s a summary of the basic trial process over the coming months:

Phase One

The main point that Judge Barbier is considering in this portion of the trial is whether there was “gross negligence” on the part of the BP and the other defendants. It matters because the law punishes gross negligence more strongly than simple accidents. Under the Clean Water Act, a finding of ordinary negligence would result in a fine of $1,100 per barrel, while gross negligence or willful misconduct could result in a fine of $4,300 per barrel.

Oiled sea turtle after the BP oil disaster. Photo credit: NOAA.

Every company involved in the exploration and production of oil and gas has to act with reasonable care to prevent the very dangerous consequences that we now know all too well: loss of human life, damage to property, and harm to natural resources. An owner or operator who blatantly and indifferently violates that standard of care, and as a result causes damage, is liable for gross negligence. That’s why we keep hearing testimony about the industry standards, whether BP should have known their safety protocols were insufficient, and the condition and maintenance of the rig. Putting profits over safety can lead to risky decisions like those we’ve heard about so far at trial.

The proceedings will focus on:

Loss of well control — What actions prior to the accident led to the release of gas from the well?
Fire and explosion — How did the gas reach the deck of the Deepwater Horizon and ignite?
Sinking of the Deepwater Horizon — Why did the rig sink after the explosion and fire?

Judge Barbier will consider the evidence about what led to each of these occurrences to determine how unreasonable the actions of BP and its codefendants were before, during, and after the explosion. NWF’s legal experts believe that these factors will show that BP was grossly negligent.

Phase Two

The second phase will focus on two key issues from the time the oil rig sank to when the spewing well was permanently sealed.

Source Control — What BP, Transocean, and other parties did to stop the release of oil and gas, including allegations that BP and Transocean were not prepared to deal with the blowout and uncontrolled oil release.
Quantification of Discharge – Both sides will present testimony on how much oil was released into the Gulf from the time the spill began until the well was capped.

Speak Up For the Gulf!

The Gulf ecosystem and its wildlife need restoration now. We hope to see justice for the Gulf in the form of maximum penalties under the Clean Water Act and the Oil Pollution Act that will then used for crucial ecosystem restoration.

Help protect the Gulf’s wildlife! Ensure that the Department of Justice holds BP fully accountable for restoring Gulf habitat for dolphins and other species >>

You can follow all the BP trial proceedings on the Mississippi River Delta Coalition’s Twitter and Facebook.

Gulf Residents Ask DOJ to Hold BP Fully Accountable

Robyn Fischer — Mon, 25 Feb 2013 23:47:11 +0000

Today marked the start of the civil trial to hold BP accountable for the 2010 oil disaster in the Gulf of Mexico. As dawn broke in New Orleans, 50 Gulf coast residents and representatives from National Wildlife Federation, Environmental Defense Fund, National Audubon Society, Levees.org, Gulf Restoration Network, Sierra Club, and university students came to the Hale Boggs Federal Courthouse to demonstrate that they, like the rest of the nation, expect BP to pay for the destruction in the Gulf of Mexico.

SHARE this image on Facebook to tell BP not to shortchange the Gulf!

Three years after the devastating Deepwater Horizon explosion, the gulf is still suffering. Dolphins are still dying in high numbers of as-yet unexplained causes and additional oil washes ashore after each big storm. In his opening statements today, Louisiana Attorney General Buddy Caldwell stated that one million barrels of oil remains unaccounted for.

BP Trial – Tens of Billions at Stake

Some people may be asking, “Hasn’t BP paid for the damage?” and the simple answer is “No.” BP did pay a record-breaking $4.5 billion penalty in the criminal portion of the case, but BP still faces tens of billions in civil penalties for reckless violations of the Clean Water Act and the Oil Pollution Act.

One of the main issues at hand is whether or not BP is guilty of “gross negligence.” With everything the public knows about the failed tests, the intentional misrepresentations about the size of the spill, and BP’s abysmal safety record, NWF’s legal experts believe the case should be a clear-cut case of gross negligence.

However, media reports indicate that the Department of Justice may have offered BP a lower-than-expected settlement. Larry Schweiger, president and CEO of the National Wildlife Federation commented, “A potential settlement as low as the reported $16 billion would not be much of a deterrent for an oil giant like BP—and it is unlikely to be enough to fully restore the Gulf of Mexico as the law requires. The Obama Administration can and must do more to hold BP accountable.”

Speak Up for the Gulf!

Help protect Gulf dolphins! Ensure that the Department of Justice holds BP fully accountable for restoring Gulf habitat >>

You can follow all the BP trial proceedings on the Mississippi River Delta Coalition’s Twitter and Facebook.

Speak Up for Gulf Dolphins—Make Sure BP’s Oil Spill Fines Are Used for Restoration

Robyn Fischer — Fri, 15 Feb 2013 16:54:27 +0000

Scientists are still investigating an unprecedented rise in dolphin mortality in the northern gulf. Photo by The Pug Father/Flickr.

Do you remember the television show Flipper? You know, that loveable, (not so huggable), extraordinarily intelligent bottlenose dolphin that lived off the coast of Florida? Well, NOAA says that the Gulf’s bottlenose dolphins population began to decline right before the spill, and the number that have died is high. Even now, three years later, dolphins are still dying at four times the historical average — since Feb, 2010 858 dolphins were found stranded, and this represents a fraction of dolphin deaths.

But, unlike television, we cannot just write a new scene and magically heal the dolphins. NOAA scientists still haven’t concluded why dolphins are dying across much of the northern Gulf of Mexico, but an in-depth study of 32 dolphins in a heavily oiled section of the Louisiana coast found that many were seriously ill with a constellation of symptoms reminiscent of oil exposure in other mammals.

Congress to the Rescue — Seriously

The RESTORE Act, which became law last summer, gives us our best chance to comprehensively clean up the Gulf and improve habitat for dolphins and many other species of wildlife. Thanks to this new law, The Gulf Coast Ecosystem Restoration Council will be holding hearings throughout the five Gulf States to discuss the development of their comprehensive plan to restore the Gulf ecosystem.

This plan will outline which ecosystem restoration projects will be implemented throughout the Gulf of Mexico. The Council is in an early stage of plan development and intends to release a draft for public comment in spring 2013. This money from the RESTORE Act gives us our best opportunity to heal the Gulf of Mexico, but there are some who would like to dip into the RESTORE Act’s dedicated restoration dollars and use these funds for “economic restoration,” a.k.a pork.

Ensure that DOJ holds BP fully accountable for their actions>>

Speak Up in Person for Dolphins in the Gulf

Let the Council know that:

We commend the Council’s commitment to directing 30 percent of the funds to ecosystem restoration under the comprehensive plan as required by the RESTORE Act.
In addition, the Council should seek to influence state-specific plans to prioritize ecosystem restoration, and oppose any projects that have negative environmental impacts. This will ensure that state-specific projects enhance the environmental benefits of the broader comprehensive plan.
While every ecosystem restoration project helps restore and sustain the Gulf’s natural resource-based economy, some purely economic development projects threaten to harm its environment. From the Gulf’s $41 billion recreational fishing impact to its $31 billion tourism industry, the region’s economy relies on a clean and healthy environment. Gulf ecosystems, and the rich resources they support, are also key to the broader national economy.
In the spirit of the promises made by the President and leaders in Congress, we strongly urge the Council to tighten its focus on restoring the environment, and reject any project that undermines that goal.
The people of the Gulf rely on meaningful environmental restoration, informed and supported by science, to support a strong and healthy economy now, and for generations to come.
Restoring the Gulf’s environment, cleaning up our coastlines and rebuilding our wetlands will protect people and property from future hurricanes and flooding, create new jobs and safeguard the fishing, tourism and other jobs that depend on a healthy Gulf of Mexico.
Restoration must take a comprehensive ecosystem-scale approach—this means addressing everything from freshwater inflows to our estuaries to our offshore marine environment.

Make a Difference at the Hearings

The public engagement sessions are part of the Council’s efforts to ensure robust public input throughout the entire process. And it is of dire importance that the public – you, me, and your uncle Bob – get out to these hearings to voice support for using all of the RESTORE Act dollars slated for ecosystem restoration on comprehensively restoring the Gulf of Mexico

RSVP for one of these upcoming public meetings:

Tuesday, March 12
Texas – Doors open at 5:15PM and the program will be 6:00 to 8:00PM
Pasadena Convention Center, 7902 Fairmont Pkwy Pasadena, TX 77507

Wednesday, March 13
Florida – 6:00 PM EST
Karen A. Steidinger Auditorium, Fish and Wildlife Research Institute, 100 Eighth Ave. S.E., St. Petersburg, FL

Help protect Gulf dolphins! Ensure that the Department of Justice holds BP fully accountable for restoring Gulf habitat! And make sure that money is spent on ecosystem restoration not pork!

1,000 Days Late and Billions of Dollars Short

Robyn Fischer — Mon, 14 Jan 2013 16:00:07 +0000

Tomorrow marks one thousand days since the Deepwater Horizon oil rig exploded, spewing millions of barrels of crude oil into the Gulf of Mexico over 87 days. The oil spill devastated the Gulf’s economy, ecosystems, and wildlife all of which is still reeling from the catastrophe. So after one thousand days, I have to ask: has British Petroleum (BP) been held fully accountable for the disaster in the Gulf?

A photo of a struggling pelican coated with oil floating in the Gulf of Mexico now greets workers arriving at the Navy Archives Metro station, close to the Department of Justice’s Pennsylvania Avenue headquarters building.

Well, BP recently agreed to pay $4.5 billion in criminal fines and penalties – the largest ever criminal resolution in the United States. And in May 2012 BP agreed to pay up to $7.8 billion to private plaintiffs. But BP still faces upwards of $21 billion in civil Clean Water Act penalties. Furthermore, if BP paid the same per-gallon fines as Exxon did for the Valdez spill, its liability under the Oil Pollution Act would be in the range of $30 billion. That’s a total of up to $50 billion in civil fines and penalties.

We must hold BP accountable for their actions

For a corporation like BP – that has a net worth of about $81 billion and has reported earnings of $5.2 billion for the third quarter of 2012 (a 40% rise in earnings) – the statutory fines it faces for gross violations of the Clean Water Act are (please forgive the horrible pun) a drop in the bucket. It’s despicable that while BP just paid the largest criminal penalties in U.S. history, the amount was still about one billion dollars less than they earned last quarter alone!

What do teachers do to keep kids from repeatedly breaking class rules? They enforce the rules to the letter of the law. So what will adequately prevent corporations like BP from taking reckless shortcuts that harm the environment and ensure there is sufficient capital for environmental restoration?

Suuurvey says: make them pay! The responsible party must compensate the damaged interests (the Gulf resources and communities that were polluted). A robust settlement will deter future misconduct and simultaneously provide the critical investment necessary to repair and rebuild the Gulf.

B.P. = British Petroleum Better Pay

It’s encouraging to hear that the Department of Justice (DOJ) intends “to prove that BP was grossly negligent in causing the oil spill.” To walk the talk, that means DOJ must pursue the maximum penalties under the Clean Water Act and Oil Pollution Act, so the Gulf can be healed.

Take Action! Urge the Department of Justice to hold BP fully accountable for the oil spill. Stand with us, and support DOJ’s efforts to #makeBPpay!