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Exxon Valdez Lawyer: Louisianans, 'To Use A Legal Term,' Are 'Just F--ked'
Long after oil stops spilling from the Gulf and the ecological catastrophe caused by the spill begins to be cleaned up, the process of determining the extent to which BP owes the afflicted will be litigated in the courts.
Signs at a tatoo shop in Larose, La., provide commentary on the Deepwater Horizon oil spill Thursday, June 3, 2010. Gulf coast workers and residents who will feel the painful impact of the BP disaster may have little recourse. "[I]f you were affected in Louisiana," said Brian O'Neill, an attorney with the firm Faegre & Benson, "to use a legal term, you are just f--ked." (AP Photo/Charlie Riedel) And while the case against the oil company seems fairly clear-cut (BP
admits, after all, to being responsible for the worst environmental
disaster in U.S. history), a lawyer with perhaps the most relevant
experience on the matter at hand is painting a depressing picture about
the litigation ahead.
"[I]f you were affected in Louisiana," said Brian O'Neill, an attorney with the firm Faegre & Benson, "to use a legal term, you are just f--ked."
More than any attorney in the country, O'Neill personally understands the implications of that imprecise legal term. For more than two decades, he represented fishermen in civil cases related to the now second-most-damaging spill in U.S. history: the Exxon Valdez spill in 1989. And from it, he learned valuable lessons about how to sue an oil giant for the damages it has caused -- above all, to push for the best and plan for the worst.
"In Valdez we had 32,000 legitimate claims -- that was a lot," he said in an interview with the Huffington Post. "I think there will be more claims in this one."
"These big oil companies, they have a different view of time and politics than we do," he added. "The fact that BP hard-asses it a little bit for 5 to 10 to 15 years, despite all the bad publicity there may be between segments of society and BP as a result [of this spill]. Exxon sure weathered it really well. The market went up the next day for Exxon stock [after the settlement]. They just thrived despite treating an entire state poorly. And there is a lesson there for BP, and that is: it really doesn't matter whether you treat these people nicely or not. The only difference is if you extract oil. It sounds cynical but it might be true."
The similarities between the two crises are telling in many ways. When Exxon's ship hit Prince William Sound's Bligh Reef -- in the process, releasing an estimated minimum of 10.8 million gallons of oil into the water -- the company pledged (like BP has done now) that they would cover the entire cost of the cleanup and all legitimate claims of damages. Two decades of litigation and appeals resulted in punitive damages being reduced from $5 billion to $500 million.
The irony, as O'Neill tells it, is that the law Congress passed in the wake of that spill -- the Oil Pollution Act of 1990 -- may end up hindering the type of relief that Gulf residents can expect currently. Under that legislation, a $75 million cap was placed on economic damages that an oil company can pay as a penalty for a spill (this isn't true, O'Neill notes, in states that have passed their own liability caps -- of which Louisiana isn't one). Congress is currently trying to lift that cap. But there are constitutional questions about whether it can do so retroactively to cover BP.
"Constitutionally, I don't know whether you can do that. I don't know whether it is ex post facto," O'Neill said. "It will likely be challenged. I would, if I was representing BP."
There are other problems that the Exxon Valdez vet recognized when discussing the forthcoming courtroom battles for BP. There are questions, for starters, as to who actually can sue the oil company under the Oil Pollution Act law and whether, in fact, those 11 workers killed on the rig will have their settlements capped by the Death On the High Seas Act. Mainly, however, O'Neill is concerned over the pervasive influence that the oil industry has on all sector of governance -- which he predicts will weigh heavily on the legal process.
"This is more important than banks," he said. "This is oil. And at some point in time, the administration and the states will resolve all their dealings and it will leave fisherman and the tourist industry to resolve their differences in the courts. It could be another 20 years till then because BP [is] going to defend this like Exxon did."- Posted in
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79 Comments so far
Show AllNo not anarchy, but rather Oligarchy. the Plutocrats and their Gov't enablers and allies care nothing for the harm they do the Planet or the peasants ( us). They ONLY care about themselves and their families. the rest of us can go rot for all they care.
SEAGLASS is correct. And there ain't no oil spill behind the walls of their gated estates, golf courses, or any of their other hideouts. They go untouched. And they're not worried–at all.
A few should be dragged down to the gulf and have their heads pushed into a glop of floating oil until they stop moving. Leave the bodies for the scavengers.
Yeah, god dammit, I said it.
Next time someone tells you to vote for the "lesser evil", kick the shit of 'em.
that's a spill I can believe in
I think its time to set some golf courses on fire
" "These big oil companies, they have a different view of time and politics than we do" ... Two decades of litigation and appeals resulted in [Exxon's] punitive damages being reduced from $5 billion to $500 million."
And yet, these corporations are 'people', in the eyes of our Supreme Court. Truly is justice blind.
Yea the corporate person definitely has time on their side. BP traces its roots back about 100 years, and who knows, it could be around for another 100 years selling firewood and charcoal in a post peak oil apocalyptic world.
BP like Exxon can drag this thing out in the courts for decades. Real people will die but the BP "person" will "live" on. Thanks SCOTUS, the incorrect recording of your now infamous 19th century ruling has been the gift that just keeps on giving.
BP aka British Petroleum a rename of the East India Company.
"Two decades [later] punitive damages [were] reduced from $5 billion to $500 million."
If anyone thinks Obama's Supreme Court nominee, Elena Kagan, would have voted differently on that 10-cents-on-the-dollar award, you're not paying attention.
Of course if the US government actually represented the
American people it could fix this with a single executive
order. Obama could nationalize BP's US based operations.
Then the assets would be available immediately to cover
the liability. Of course the US government does not
represent the American people, and hasn't since Camelot..
Since when, Brian, did "You are just f--ked" become a "legal term".
hallelujah
A-fuckin'-men!
Did you ever see a single mother walk out of a court room without a home, without a job, and owing her ex $20,000?
I am not into violence,BUT, if ever there were a case for storming the bastions of OIL POWER, now is the time. BP's CEO is asking for protection for his family. Would that it were true, and his security force had family in the Gulf. Wonder how that would work out?
I am Committed to Oneness through Justice and Transformation
peace,
st john
The observation about anarchy deserves some attention. It is not anarchy proper, per se, but the oily shadow of that degree of freedom residing in the dark cavities of the corporate body - an archetype of biblical proportions. A schizophrenic golem-type vampiric flag-draped mirror entity.
It believes it(self) a master yet is slavish to an adoration of strangulating limitations handed down through generations knowing only agression and usurpation. Shriveled mummies of freedom, sacred responsibility, truth. Future generations of life are strung around its body wrapped in burial cloths in its cultish circling of prey for blood money.
This is the core of the myth of the vampire being immortal, the handsome youth (seducing oil dependant society) turning into a werewolf under the full moon, a soulless cypher deadened long ago, the walking dead. The death breath can only utter lies, its wish for actual personhood rendered a linguistic parasite on the spoken word.
Its profits scribbled on the mirror it causes other creatures to die on, again extending the soulless propagation of poisons. The delirium tremons applying cosmetics to itself, a corpse with brittle posterboards about the alternative energy it also sucks life from as legitmate efforts keep an eye peeled to get out of the way of the giant's heavy tread before it falls. Convinced it will never fall, it stumbles and smashes claiming the faint sputter of consciousness to be the sunrise, the oil soaked tides to be springs of good fortune.
Time to revive the Brothers Grimm. The stortelling potential of this should go viral.
Goat... R U crusin' for a screen play??? .. or is this the Gin talkin'?
Actually, there I have 2 ideas about that... uh... piece, we'll call it.
1) he could break it off in iambic pentameter and sing it to something like Dylan's Subterranean Homesick Blues (maybe call it Subliterate Horseshit Blues). It would then possibly be able to pass it off as that sort of stream of consciousness bullspit that sort of sounds cool, but certainly doesn't mean anything.
2) or just try reading it from back to front; it doesn't make any more sense but somehow sounds better.
lol.
RR
Did anyone hear that Goldman Sacs dumped it's BP shares a few days before the blow-out?
RR
From "The socialist response to the Gulf oil crisis" -- http://www.wsws.org/articles/2010/jun2010/pers-j01.shtml
"There remains a vast gulf between the immense scale of the disaster and the response from the government and the mass media. From the beginning, there has been a systematic attempt to downplay the significance of the event. The Obama administration did nothing for weeks. Its main concern was to prevent the BP disaster from disrupting plans for expanding offshore oil drilling, which Obama, like Bush, has aggressively supported.
"In relation to BP, the administration has displayed a complete paralysis, once again unable to take any action that interferes with the interests of the giant corporations that control the American and world economy.
"BP has been left in control of the response operations, with the administration repeating the line that only BP has the scientific expertise to handle the situation. The company has employed one maneuver after another, all of which have been intended primarily to cover up the fact that neither BP nor the government had in place any contingency plans."
"The Obama administration operates under the assumption that all that is required is the mouthing of meaningless phrases about being “angry and frustrated,” that mass popular outrage can somehow be managed through well-tested media techniques and public relations stunts.
"Popular anger, however, is growing by the day. This anger and opposition must be armed with a political perspective, directed not only at BP and the other large corporations directly responsible for this disaster, but at the entire political and economic system that made such a catastrophe all but inevitable.
"Despite the attempts by BP and the US government to present the disaster as unforeseeable, it is the product of the decades of “free market” policies aimed at eliminating all constraints on corporate profit making. ...
"No confidence can be placed in the Obama administration or any section of the political establishment to do anything but continue to cover for BP and the oil industry.
"As the days and weeks pass, the impact of the disaster will escalate, as the unanticipated consequences come to light. One thing is certain: the ultimate cost of this disaster will be in the hundreds of billions of dollars. The resources for this must come from the oil companies themselves. BP and other energy companies must be immediately nationalized and placed under democratic control."
See also "The Gulf oil spill and the case for socialism" -- http://www.wsws.org/articles/2010/jun2010/pers-j08.shtml
And for you "soft-left liberals" who still see Obam as your saviour, see "Frank Rich on Obama: Liberal fears and illusions" -- http://www.wsws.org/articles/2010/jun2010/fric-j08.shtml
Quoting from that article:
"The political domination of big business and Wall Street has grown far beyond even what it was in the heyday of the robber barons, along with a staggering growth of social inequality.
"Moreover, the middle-class intelligentsia at the turn of the 20th century was far more oriented to the working class and sympathetic to socialist and revolutionary ideas than its counterpart today. Within radical and even certain liberal circles it was taken for granted a century ago that social justice, equality and genuine democracy were incompatible with capitalism.
"Via a long historical process since then the political and moral makeup of the middle-class intelligentsia has undergone a profound change—overwhelmingly for the worse.
"The embrace by most of the American liberal intelligentsia of anti-communism after World War II, which signified its lining up behind the hegemonic aims of American imperialism, did immense damage to the political life of the country and irrevocably compromised American liberalism.
"Over the past three decades, substantial sections of American liberals have seen their incomes rise as a result of the reactionary, anti-working class policies of Reagan and his successors, including Obama. As a result, their political views have shifted further to the right, with the open embrace of “free market” nostrums and repudiation of any social reform program.
"Rich is very much an expression of this process. He is an example of contemporary American liberalism, fixated on questions of identity and life-style, indifferent to the fate of the working class. The intellectual and political impotence of his analysis, and its elements of cover-up and evasion, are an expression of the bankruptcy of liberal thought as a whole."
-- And "comtemporary American liberalism" can find no better representative than the likes of The Nation magazine, the Huffington Post, Common Dreams.org -- and all the other soft-left liberals who urged America to vote for "the lesser of the two evils." ... Well you got your evil. ... Same soup, warmed over.
Obama is just another servant of the ruling elite -- doing their bidding, covering up their corporate criminality -- as instructed, as bought and paid for.
wsws.org... BEST site for REAL news anywhere on the web.
But, of course, thier Marxist perspective dooms them to oblivion in our glorious "Free Market Utopia" of Corporations.
Well if you like that party you'll love this one.
http://www.internationalist.org/index.html
They said health care reform would be Obama's Waterloo. No, no the blowout is his Waterloo. Too bad Obama doesn't have a WLP (Waterloo Preventer). Unless there is a miracle, Obama will be one-term president.
It's called Top Down Management! They manage another persons job with out a clue what they are doing.
True enough, SEAGLASS.
Cicero: "Freedom is participation in power."
This article is the most honest piece I've read about legal ramifications of the the oil deluge since it began. It says pretty much everything you need to know about 21st century Amurka, Louisiana (the State most likely to screw itself repeatedly into its toxic mud by its own shortsighted ignorance) and Big Oil.
So... the concept that "justice delayed is justice denied" should become a part of the fight.
Joe
from the article:
The irony, as O'Neill tells it, is that the law Congress passed in the wake of that spill -- the Oil Pollution Act of 1990 -- may end up hindering the type of relief that Gulf residents can expect currently. Under that legislation, a $75 million cap was placed on economic damages that an oil company can pay as a penalty for a spill (this isn't true, O'Neill notes, in states that have passed their own liability caps -- of which Louisiana isn't one). Congress is currently trying to lift that cap. But there are constitutional questions about whether it can do so retroactively to cover BP.
"Constitutionally, I don't know whether you can do that. I don't know whether it is ex post facto," O'Neill said. "It will likely be challenged. I would, if I was representing BP."
+++
If they can prove that the blow-out is the result of gross or criminal negligence, they would have a good arguement to set aside the liability cap.
If is proved only to be an "accident" or simple negligence $75M it is.
RICO.
RR
I have no doubt whatsoever that BP will fix up the Gulf problem every bit as well as Union Carbide fixed up Bhopal (India, remember that one?), and in as timely a fashion. Oh, and how's that Exxon Valdez stuff coming along?
This follows in the great Amerkan tradition of You-can-do-anything-you-like-even-kill-people-so-long-as-you-give-the-innocent-victims-a-few-thousand-dollars-afterwards-to-make-it-right. And if you have enough money and the right lawyers, hell you don't even have to do that.
And America is not alone either. Worker's of the World.................................................................................................................UNITE!
Not to worry, President Obama is about to "kick some ass."
A smart thing for Obama to do would be to invite some environmental groups into the White House, put someone like GreenPeace to oversee the clean-up, and get Couseau's people and National Geographic or something out there checking on everything. They are the experts.
RR
Oh, BP, you just ruined thousands and thousands of lives, and an entire world environment, and you want protection for your family? I guess that protection for the environment and the humans and creatures which live within don't count?
This is not going to end well for anyone. When the RULE of Law becomes the DROOL of profits, then all bets are off.
You're probably right CEO corporate person, Hayward, as I'm sure that people really do want to kill you. You've killed their land, their jobs, their environment, their traditions, their future....
The Magna Carta, upon which much of our law is based, is worth any number of CEOs, and so is the planet.
You see, you've stolen peoples' lives, without actually killing them. Beware of those persons that have nothing left to lose. Marleys in chains do manage to break free and get their messages across; a literary allusion and reminder that the Scrooge Corporations can change, but only if they really listen.
Everyone's talking as though the Exxon Valdez spill is long over. The area it devastated is still hurting from that spill. Not we, nor our children, nor our grandchildren, nor their children will see that area going back to what it was. These huge oil disasters are very long lasting to the environment. The oceans are resilient, but fragile as well, and don't expect our oceans recover in our lifetimes. The only sane thing to do is to halt oil drilling in the oceans at once. But greed has it over sanity, every time. I'm hopeful but realistic, and frankly I don't give the human race a chance in hell. The picture in this article says it all.
Heard Mr. John Horseface-Heinz Kerry the other day on a video sayin' that there's no way we're goin' to stop drillin' in the Gulf... a third of the country's oil comes from the Gulf. I believe he alluded to the fact that were 48,000 producing wells in the Gulf. THAT nearly floored me - anyone got a fact check on that stat???
48,000 is correct. Check Mark Morford's new column with link.
We AREN'T going to stop drilling in the Gulf, or anywhere. We will be drilling on our grandmothers' graves to get the last bit of black heroin, more commonly known as oil. We are addicts, our entire society depends upon it, in every strata. If we think we are going to stop, just look, as Morford so presciently states, at everyone tweeting their anger on their energy-sucking Blackberries.
Yep. Demand for oil just won't go down easy.
Absolutely great analogy.
Keep voting, keep supporting the way the government is operating.
Obama will not resign, nor will he be impeached. 95 percent of the representatives and 100 percent of the political parties will be re-elected.
The system is closed, rigged and corrupt. So keep voting for it.
Turn your back on it, and get others to stop voting. Soon the political elite will not have a credible number of voting public to claim legitimacy.
Don't vote, the system collapses.
Or if you simply must vote to fufill your "civic duty" write in none of the above.
Well . . . not voting never did anything for women or for African Americans . . .
and happily Hispanics now are reacting to Arizona's insanity by registering and
getting out to vote.
If you don't want to vote for the system, then vote for Greens or other third
parties -- or do a write in. But, at least, VOTE.
.
"According to all myth, the female - not the male -- gives life"
Green Blue Red capitalist what's the difference?
RR
By not voting you do nothing but contribute to the status quo. Granted the system is f--ked but nothing would please the "system" more than to incorporate those who don't vote. By NOT voting, you will not change what is happening. The system will remain the same and it would never come to pass that the system will collapse because too many people already believe in it. Even if they don't, those in power will continue with or without your vote. Bad advice.
Yes, as a population of this country we are oppressed. Yes the level of frustration opposing this mega business power block is overwhelming but the power of numbers is on our side if we can get organized. If you read Howard Zinn and other's you will see how it has worked in the past. It may take civil disobedience but remember, women got the vote, prohibition was repealed, MLK prevailed and segregation was ended. Jimmy Hoffa wanted all worker contracts to expire on the same day... The rich elite of this country did not want that. Neither did the government and it cost Hoffa his life. The flotilla population knew the consequences regardless of their affiliation. I can't help but feel it will be an internal war... us vs. them but the population of the US is not on board yet. Those who know, such as yourself, may fear what is inevitable. Currently this "mega business" government is attempting to minimize the Constitution of the US. Hopefully, enough of the population will see this for what it really is.
I don't pretend to have the answer and I'm as frustrated as all of us but I will continue to vote and after a 40 year hiatus I'm back to actively protesting, printing political t-shirts, writing both houses of Congress and getting printed in the local media. I intend to continue to hammer Congress any way I can. I don't know what else to do right now. If there is a leader somewhere out there... sign me up.
But in no way vote for the two headed corporate imperial fascist monster ReDem!
Yeah look what it took to make change on these types of reformist changes and the violent suppression that the government employed and then think if an attempt was made to abolish the system and how the "democratic state" would respond. Seriously do you think you can legistate capitalism out of existence? Long before we even got close to something along those lines you will get a bullet to replace your grey matter. The only way is to take over the system and then do it.
Caveat, isn't that the American Way?
RR
If you haven't already, ck out "Blessed Unrest", by Paul Hawken.
"If voting changed things, it would be illegal."
Emma Goldman
I flagged this as the most important comment that I have read here.
Very enlightening eight words.. Thank You Emma and poster!
Cheers,
RR
Flagging is for reporting comments, not rating them. Stupid.