Monday, November 18, 2013

Deepwater Horizon Trial Concludes

Phase II of the BP trial in New Orleans federal court to determine liabilities for the Deepwater Horizon disaster ended Friday. Judge Carl Barbier called for summations and proposed findings of fact and conclusions of law by December 20th. Responses are due by January 24, 2014.  The second phase focused on BP and its partners' spill responses in the first three days of the Macondo well blowout that killed 11 workers, injured 16 others, and killed uncounted numbers of federally protected wild creatures. Millions of barrels of crude were released into the Gulf of Mexico. The legal total was the subject of the trial's Phase II. That number will determine in large part the amount of damages to be assessed against BP and its "aligned partners" for the spill.  Parties who presented witnesses will be limited to 40 pages in their briefs.

Barbier did not indicate from the bench Friday if he would hold yet another phase of the trial in which penalties would be determined. Penalties could be enhanced from $1100/barrel spilled to $4300/barrel spilled if evidence shows that BP or its partners were grossly negligent or engaged in willful misconduct. Even untrained US Person thinks there is evidence in the record to support a finding of gross negligence. Even a maximum penalty of $18 billion would not cause British Petroleum to go bankrupt. The company generates tens of billions in worldwide revenue each year.