Tuesday, May 4, 2010

The lawyers are coming...the lawyers are coming (part-II)

The first article I read about Holder sending DOJ to the gulf struck me as downright odd – so I posted it for all to provide more insight.  The part that struck me as the most odd was this part: “The Justice Department stands ready to make available every resource at our disposal to vigorously enforce the laws that protect the people who work and reside near the Gulf, the wildlife, the environment and the American taxpayers.”  Well, it appears that there really is more to the story than first appeared…from the most transparent administration evah. Read the article below which starts to point towards a slightly different story…one where the lawyers really would be needed.  I especially like the part where Congress wants to now modify the existing law (retroactively)…maybe they understand that the original $75M was stupid low.  It does raise an interesting question…did BP agree to pay for the damages so quickly knowing that the law may in fact change at a later date (thus locking in the $75M cap)?  Seriously…it is always about the money.
 
Google News/AP: Take President Barack Obama's repeated claims that BP will be responsible for all the costs associated with the devastating spill that began after an oil rig operated by the company exploded April 20, killing 11 workers and later sinking.
 
"Let me be clear: BP is responsible for this leak; BP will be paying the bill," Obama said while touring the area Sunday.
 
While it's true that the federal Oil Pollution Act, enacted in 1990 in response to the Exxon Valdez spill in Alaska, makes BP responsible for cleanup costs, the law caps the company's liability for economic damages — such as lost wages, shortened fishing seasons or lagging tourism — at $75 million, a pittance compared to potential losses.
 
Administration officials insist BP will be held responsible anyway, noting that if the company is found negligent or criminally liable, the cap disappears. Claims also can potentially be made under other state or federal laws, officials said.
 
Yet the liability cap is problematic enough that a trio of Democratic senators introduced legislation Monday raising it to $10 billion, and the administration quickly announced its support. Sens. Robert Menendez and Frank Lautenberg of New Jersey and Bill Nelson of Florida voiced concerns that unless the cap is raised, BP would avoid paying for the mess and leave small businesses, local government and fishermen with the bill.
 
"They're not going to want to pay any more than what the law says they have to," Nelson said.
 
That's not quite the seemingly ironclad guarantee heard from the president.
 
 
 

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