Tuesday, January 20, 2015

Why BP Should Be Assessed The Maximum Fine Under The Federal Clean Water Act.

This week will start the trial that will decide BP's penalty for the Macondo well blow out and oil spill.  Judge Carl Barbier has decided the evidence supports 3.19 million gallons of oil spilled in the Gulf Of Mexico during the disaster.  The Clean Water Act allows a fine for each barrel of oil spilled and in this case the maximum fine would be $13.7 billion.  This writer believes BP should be fined the maximum allowed for the pollution it caused for the following reasons.

A)   The oil industry's position prior to the spill was that the industry had the equipment and technology available to timely plug an offshore blowout, cap the well and remove any spilled oil in the waters of the Gulf before it reached shore.  The fact was that they had no such equipment or technology to timely do any of the above and oil flowed into the Gulf for 87days.

B)   11 Rig workers lost their lives in the blowout and Judge Barbier has ruled that several of BP's actions leading up to the spill were negligent and that each of those negligent acts amounted to "gross negligence" when taking together.

C)   The BP blowout was the worst such disaster in the Gulf of Mexico and the oil industry should be sent a message that any such future accidents federal regulations will be enforced to the maximum.

The blowout was a sad chapter in offshore drilling in the Gulf.  The disaster went on too long for an industry with over 40 years of experience of drilling in the Gulf who would brag about its offshore technology, safety awareness and ability to operate safely.  BP should bite the bullet, pay the fine like a responsible corporation and move on.  The Exxon Valdez tanker spill dragged on in litigatin for 20 years after the disaster.

That should not happen concerning the BP situation.


Note:  See my previous commentary titled, "The Untold Story of The BP Oil Spill In the Gulf of Mexico" dated 5/6/10


This commentary written by Joe Lorio

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