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BP convicted of gross negligence in Deepwater Horizon spill, really salty about it

by IssacTenreajbyw Posted on September 4, 2014

BP convicted of gross negligence in Deepwater Horizon spill, really salty about it

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4 Sep 2014 3:46 PM

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BP convicted of gross negligence in Deepwater Horizon spill, really salty about it

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Today, U.S. District Judge Carl Barbier of the New Orleans federal court issued a ruling finding BP guilty of gross negligence in the Deepwater Horizon disaster of 2010. Halliburton and Transocean, companies also involved in operating the rig, received lesser smackdowns in the same ruling. BP, of course, will be appealing the decision, because why not drag these legal proceedings out for a few more years!

The ruling has coincidentally come about at the same time as the Society of Environmental Journalists conference — also taking place in New Orleans — where Geoff Morrell, BP’s vice president of U.S. communications, had a lot of crybaby-ish things to say about the media’s handling of BP’s behavior in the aftermath of the crisis.

In that regard, we imagine* that the handing down of this decision may have gone a little like this:

Judge Carl Barbier: So listen … four years ago, y’all fucked up. Big time. You know this!

BP: PROVE IT.

CB: What — ? That’s really not my job. Do you know how the U.S. judicial system works? I’m the judge, you morons — I don’t have to prove shit. But just to review: your Deepwater Horizon rig spilled over 200 million gallons of oil, contaminated 650 miles of coastline and 87,000 square miles of the Gulf, and killed 11 people. Not to mention, you impacted the livelihoods of 20 million people in the United States alone.

Halliburton and Transocean, in unison: Okay, fair, but really not our fault.

CB: I’ll get to you bozos in a minute. Anyway, BP, I’m aware this isn’t your first federal court rodeo. You’ve already pleaded guilty to no fewer than 14 federal charges, including 11 for manslaughter, and also one for deliberately lying about the size of the oil spill. And now we’ve spent the past few months hearing — in detail — how your enormous screw-up­ has been detrimental to the environment, food system, and economy of the Gulf region. Do you have anything to say for yourself?

BP: Thank you for asking. We’ve set aside $46 billion to cover all of the cleanup, legal fees, and penalties that we may or may not be responsible for. That’s a lot of money! It should be more than enough.

CB: It will definitely not be even close to enough, but that’s on you. On that note, I find you guilty of reckless conduct and gross negligence in setting off the Deepwater Horizon disaster, for which you are hereby levied a penalty of $18 billion.

BP: Wow. WOW.

HB: DO YOU WANT SOME ICE FOR THAT BUUUURRRRRNNNNNN??!!

TO: HEY BP CAN YOU LOAN ME A COUPLE BIL?? OH WAIT JUST KIDDING YOU BROKE AS F –

CB: Seriously, you two — I’ll get to you in a minute.

BP: Are you kidding me with that number? I am prepared to offer you exactly $3.5 billion.

CB: Does this look like a goddamn Moroccan marketplace to you, BP? Are you seriously haggling with me right now?

HB and TO: Take that penalty and take a seat!

BP: You both need to shut up.

CB: I’m going to have to break character and agree with BP on this one. Transocean and Halliburton, I find you each guilty of negligent conduct.

BP: HA!

CB: … and you don’t have to pay anything. God damn it.

BP: WHAT.

HB: Already took care of it. (High-fives TO.)

CB: I really do just hate all of you, for the record.

*In case you couldn’t tell (!), this exchange is fictional.

Source:
BP Found Grossly Negligent in 2010 Spill; Fines May Rise

, Bloomberg.

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BP convicted of gross negligence in Deepwater Horizon spill, really salty about it

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Multibillion dollar question: How gross was BP’s negligence?

by dig1iti43 Posted on February 25, 2013

Multibillion dollar question: How gross was BP’s negligence?

By John Upton

The 2010 Deepwater Horizon oil spill was gross. Really gross. But what about BP’s negligence in creating that gross oil spill? Was that negligence also gross?

If you’re already tired of hearing the word “gross” over and over, you might want to tune out news of a trial that began today in New Orleans. The U.S. government and Gulf Coast states are seeking billions of dollars from BP in damages and fines. One of the key decisions that the federal judge must make in the case is whether BP was grossly negligent in causing the deadly explosion and subsequent oil spill, or whether the company was merely negligent. The stakes are big — big with a capital B. Billions of dollars are at stake.

The government says the company’s negligence was totally gross. But, like somebody who farts in an elevator and then asks everybody to please stop whining because they didn’t try to make it smell so gross, BP is denying that claim. From a statement issued by BP:

“Gross negligence is a very high bar that BP believes cannot be met in this case,” said [BP General Counsel Rupert Bondy]. “This was a tragic accident, resulting from multiple causes and involving multiple parties. We firmly believe we were not grossly negligent.”

If U.S. District Judge Carl Barbier rules that the company was grossly negligent, then it could be fined up to $4,300 per barrel spilled under the Clean Water Act. (Barbier is hearing the case without a jury.) The government says 4.1 million barrels spilled, having reportedly backed away from an earlier estimate of 4.9 million barrels. If the judge accepts that figure, and also rules that BP was grossly negligent, the company may have to fork out $17.6 billion to the American people in Clean Water Act fines alone.

And that figure doesn’t include additional fines and compensation for damage that the spill caused, which is expected to be billions more, over and above the tens of billions of dollars in settlements and cleanup costs to date.

If Barbier rules that the company was just plain ol’ negligent, however, the Clean Water Act fines would be capped at $1,100 per barrel. If he also accepts BP’s claim that no more than 3.1 million barrels of oil was spilled, then the company could be liable for up to $3.4 billion in Clean Water Act fines.

Opening arguments began in Barbier’s courtroom this morning, despite press reports that the parties are mulling a $16 billion settlement. That proposed settlement is opposed by environmental groups, which criticize the sum as paltry and say it is unlikely to be enough to fully restore the Gulf of Mexico. (This morning’s courtroom action doesn’t preclude the possibility that a settlement might yet be reached.) Without a settlement, the trial could take months to resolve. Hundreds of lawyers are involved, all ready to take their share. From The Washington Post:

The list of exhibits runs nearly a thousand pages, and lawyers have filed 126 depositions and the names of about 80 potential witnesses. The plaintiffs’ team has essentially built an entire new firm, with 300 lawyers, paralegals and support staffers dedicated to the case. BP has a similar battery of attorneys from four of the nation’s most prestigious firms.

Gross.

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Multibillion dollar question: How gross was BP’s negligence?

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