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Thread: BP Spill

  1. #1
    All League
    Join Date
    Feb 2005

    BP Spill

    What has happened to the millions of dollars that was collected from BP after the law suits.

  2. #2
    All League
    Join Date
    Apr 2003

    Judge: BP wins over its 'little people' in major Gulf oil lawsuit

    Deborah Dupre
    Human Rights Examiner
    June 18, 2011

    Little people's right to know dismissed by judge

    A federal judge dismissed third-party environmental claims in a giant plea in the BP Deepwater Horizon Gulf of Mexico oil litigation, saying that since the oil flow stopped, although disputed by some experts, the lawsuits are irrelevant.

    "The injunction at this stage would be useless, as not only is there no ongoing release from the well, but there is also no viable offshore facility from which any release could possibly occur," wrote U.S. District Judge Carl Barbier:

    "The Macondo well is dead, and what remains of the Deepwater Horizon vessel is on the ocean floor, where it capsized and sank in 5,000 feet of water. Moreover, BP and the agencies comprising the Unified Area Command have been and are cleaning up the Gulf of Mexico. An injury is not redressable by a citizen suit when the injury is already being addressed."

    Judge Barbier is overseeing the huge consolidated oil spill litigation, divided into "bundles" based on nature of the claims.

    In the D1 bundle, where claims relate to how the oil is being cleaned, Barbier ruled that. even if he allowed those claims to proceed, claimants are not directly involved in the cleanup, so a ruling in their favor would not affect how the cleanup is progressing.

    "The D1 defendants do not unilaterally direct the cleanup activities in the Gulf; such activities have been under the control of the National Incident Commander, Federal on-Scene Coordinator, Unified Area Command, and the Coast Guard in cooperation with other federal agencies. Thus, plaintiffs cannot show that an order from this court would actually resolve any potential deficiency in the ongoing cleanup."

    According to Barbier, for the plaintiffs to prevail on claims for injunctive relief, "plaintiffs must demonstrate an ongoing violation of various statutes on which plaintiffs' claims for relief is based."

    The judge ruled that because the Macondo well is dead and no longer discharging oil, plaintiffs' only claims are confined to seeking environmental citizen suit injunctive relief of a prospective nature to stop noncompliance in the form of a continued release of oil. Thus, the citizen suit claims brought by the plaintiffs are moot, because no future-orientated injunction can provide any meaningful relief for plaintiffs in terms of stopping discharges that already concluded in mid-July 2010."

    BP's Transocean's Deepwater Horizon drilling rig exploded and burned off the Louisiana coast on April 20, 2010, Hitler's birthday, initially killing 11 and quickly identified as the worst environmental catastrophe in history.

    Millions of gallons of oil gushed as shown on TV in what the late Matt Simmons considered a dog and pony show to ameliorate Big Oil from damage and being held accountable.

    According to Courthouse News, over 100,000 people have filed lawsuits seeking damages from the "spill," some of which were those dismissed Thursday in the D1 pleading bundle.

    "D1 bundle claims were filed by third-party organizations that alleged environmental damages under the Clean Water Act; the Endangered Species Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Emergency Planning and Community Right-To-Know Act."

    Judge Barbier said claims could still be heard by people seeking damages for violations other than environmental claims.


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