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News Update: Gulf Oil Spill & Clean-Up Efforts
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On April 20, 2010, a semi-submersible exploratory offshore drilling rig in the Gulf of Mexico exploded after a blowout and sank two days later, killing eleven people and causing a massive oil spill threatening the coast of Louisiana, Mississippi, Alabama, and Florida. The rig is owned and operated by Transocean Ltd[50] on behalf of BP, which is the majority owner of the oil field. The company originally estimated the size of the leak at about 1,000 barrels a day but later accepted government estimates of a leak of at least 5,000 barrels a day. On April 30, BP stated that it would harness all of its resources to battle the oil spill, spending $7 million a day with its partners to try to contain the disaster.[51] In comparison BP's 1st quarter profits for 2010 were roughly $61M daily [52] BP was running the well without a remote control shut-off switch used in two other major oil-producing nations, Brazil and Norway, as a last resort protection against underwater spills. The use of such devices is not mandated by U.S. regulators.[53]
The U.S. Government gave the responsibility of the incident to BP and will hold it accountable for costs incurred in containing the situation.[54] On May 11, 2010, Congress called the executives of BP, Transocean, and Halliburton to a hearing regarding the oil spill. When probed for answers regarding the events leading up to the explosion, each company blamed the other. BP blamed Transocean who owned the rig, who then blamed the operators of the rig, BP. They also blamed Halliburton, who built the well casing.[55] Scientists have been requesting the right to monitor the amount of oil that is actually being released per day, but "'The answer is no to that,' a BP spokesman, Tom Mueller, said on Saturday, May 15. 'Were not going to take any extra efforts now to calculate flow there at this point.
Its not relevant to the response effort, and it might even detract from the response effort.'[56] Steven Wereley, an associate professor of mechanical engineering at Purdue University, analyzed videotape of the leak using particle image velocimetry and estimated oil flow rates at between 56,000 barrels to 84,000 barrels per day, [57] or equivalent to one Exxon Valdez spill every 3.5 to 2.4 days. A second, smaller leak has been estimated to be releasing 25,000 barrels per day by itself [58], suggesting that the total size of the leak may well be in excess of 100,000 barrels per day and could possibly be one of the largest oil spills in history and the worst man-made disaster recorded.
As such, the Oil Pollution Act will likely play a key role in determining responsibility for the disaster, according to an attorney in New Orleans not involved in the litigation. The cases are likely to be combined into one court for evidence-gathering and pretrial decisions, according to Michael G. Stag, a lawyer for the Louisiana Environmental Action Network (LEAN), which sued on April 30.[59] BP, Transocean, Cameron International, and Halliburton Energy Services have all been named in one or more of the lawsuits.[59]
The Gulf Oil Disaster Recovery Group is a consortium of attorneys representing the rights and interests of environmental groups and persons affected by the Deepwater Horizon oil spill. The Recovery Group, led by New Orleans-based attorney Stuart H. Smith of Smith Stag LLC,[60] represents the United Commercial Fisherman's Association and the Louisiana Environmental Action Network, among others, including four large hotels. [61] According to a May 17, 2010 article in the The Washington Post, Smith "alleges that BP and others were 'grossly negligent' in allowing the blowout to occur. Damage includes removal costs, property damage and the loss of income and profits for people and businesses. Because the spill has been lingering offshore, the plaintiffs who can claim damages so far are mostly out-of-work fishermen and tourist resorts that are getting cancellations."[62] The Recovery Group has secured contract relief for fishermen working on the cleanup. Fishermen across the Gulf States are assisting BP with the cleanup; however, BP insisted that they enter into one-sided contracts which contained terms compromising these volunteers' legal rights. The Recovery Group applied to the Court and entered into a Judgment with BP, which rewrites those onerous contract terms. The Recovery Group also applied to the Court to require BP to assume responsibility for safety oversight for these volunteer fishermen and to provide them with the necessary training and personal protective equipment to deal with hazardous chemicals.[63] The Group also forced BP to acknowledge judicially that subsistence "advances" it is paying to Gulf Coast citizens are not releases or a liquidation of their damages. [64] The Washington Post quoted Smith as saying the following in regard to BP's liability: "if this well keeps leaking for three or four months, it's Katie bar the door. I don't think they have enough money." According to Smith, fishing beds could need one or even two generations to fully recover. [65]
Source: Wikpedia
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