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The Blog Aquatic

News, opinions, photos and facts from Ocean Conservancy

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Oil Disaster Trial Phase 2: BP vs. Reality

Posted On October 23, 2013 by

Seabirds in the Gulf are threatened by oil from the BP spill.

Photo: Kris Krug via Flickr

The following is an excerpt from a post that first appeared on Huffington Post:

It’s been more than three years since the BP Deepwater Horizon oil disaster grabbed worldwide attention. The explosive blowout that tragically claimed the lives of 11 workers on board the rig in April 2010 also unleashed an unprecedented amount of oil that flowed uncontrolled into the Gulf of Mexico for 87 days. The impacts have been staggering and ongoing.

BP’s actions to stop the oil, as well as how much actually spewed into the Gulf, were the subject of the second phase of BP’s trial in New Orleans, which concluded last week. The final phase of the trial will take place next year, after which the judge will determine the penalties. In the meantime, here are some things you need to know.

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BP Trial Phase 2: What You Need to Know

Posted On September 30, 2013 by

oil-smeared hand

Photo: Ken Cedeno / Ocean Conservancy

The second phase of the trial to determine how much more money BP owes for its Gulf spill begins today. Here’s what you need to know:

1. Phase two of the trial will cover how much oil BP actually discharged into the Gulf of Mexico as well as the effort to cap the well. (Remember the summer of “junk shots” and “top kills?”)

BP says the U.S. government’s estimate of 4.9 million barrels of oil is based on “faulty assumptions.” BP says they spilled ONLY about 2.45 million barrels. BP’s estimate of a lower volume is based on the work of London-based professor Martin Blunt, who *ahem* used to work for BP. Either way, that’s a lot of oil, so why the fuss? Penalties for discharging oil (a violation of the Clean Water Act) are based on the amount of oil discharged. A lower volume means a lower penalty—potentially around $7 billion less.

(Click here for an overview of all phases of the trial.)

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No Truth in Advertising: BP Avoiding Gulf Restoration

Posted On August 22, 2013 by

Boom and pelicans in the Gulf of Mexico

Photo © Cheryl Gerber / Ocean Conservancy

Have you seen the BP commercials about the company taking responsibility for the worst oil disaster in U.S. history? I for one usually see at least one every week. That’s because for the past three years, the company has spent hundreds of millions on advertising trying to clean up their image. But unfortunately, BP hasn’t been as diligent about spending money to actually clean up the impacts of the Deepwater Horizon disaster they claim to be taking responsibility for.

Even as their advertisements continue to run on air, BP is now fighting its own settlement and refusing to provide much-needed funding to the people impacted by the disaster and to restoration efforts critical to bring back the health of Gulf ecosystems and marine life.

Why? Because BP claims that the people who lost their jobs and their way of life are trying to scam the company. This despite the fact that while BP makes about $4 billion in profit every three months, many people who lost their livelihoods have waited more than three years to receive compensation for their losses.

Instead of taking responsibility for the oil disaster in the Gulf and all of the repercussions to the people and wildlife who call the Gulf region home, BP is going out of its way to shirk responsibility for paying economic claims they already agreed to in court.

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Lessons Learned from Exxon Valdez: The Devilish Details of Why We Must Keep BP on the Hook

Posted On March 6, 2013 by

A sea otter swimming near the Exxon Valdez

There was a great deal of excitement in the courtroom across the street from Ocean Conservancy’s Gulf restoration office during BP’s first week at trial. Objection after objection from BP’s legal team have been over ruled by Judge Barbier, a culture of BP putting profit before safety has steadily emerged, and BP has found itself in perhaps one of the world’s largest finger pointing game with Halliburton and Transocean. The trial has allowed everyone the opportunity to begin learning exactly why 11 men died and oil began gushing into the Gulf of Mexico when the Deepwater Horizon caught fire and sank. But as we learn about the past, we must also think about our future.

We know the people of the Gulf Coast and the coastal and marine ecosystems of the Gulf could feel the effects of the BP oil disaster for years, maybe even decades. That’s why it’s critical that however BP settles up , either in or out of court, the resolution of this disaster must keep options open for addressing any damages that may not be discovered until well into the future. One way to do this is to include a reopener clause in any form of a resolution.

A reopener clause is a sweetener to facilitate resolution of the case.  It represents an additional sum of money that may be accessed in the future, thus “reopening” the issue, but only if additional injuries not known at the time of the settlement manifest. It has advantages for both sides. With a reopener clause, the federal and state parties can rest assured that if any environmental problems from the spill show up later, the government isn’t left empty handed. The polluter, BP, can seek comfort in the fact that it won’t be held accountable for potential injuries that have yet to be proven or even hypothesized at this time. This may sound logical and simple, but the devil is in the details.

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