A judge on Wednesday said he was leaning toward approving the settlement proposed by BP and a coalition of plaintiffs' lawyers to compensate individuals and businesses for the 2010 Gulf oil spill.
The plaintiffs' lawyers represent more than 100,000 individuals and businesses, but the proposal also has its critics -- among them shrimp processors, recreational fishermen and Halliburton, BP's cement contractor on the Macondo well.
"I'm leaning in favor of doing it, but I'm not going to do that from the bench here today," U.S. District Judge Carl Barbier said during a hearing in New Orleans, the Times-Picayune reported.
Barbier said that he intended to write a full order within a few days and that a final decision would not happen for several more weeks.
While most of the proposal's compensation was not capped, BP has estimated its exposure at $7.8 billion. The oil giant and lawyers' coalition agreed on the terms last month in a bid to avoid a trial that could take years.
The 2,000-page proposal would replace the Gulf Coast Claims Facility, which has managed claims so far, and is broken down into two categories:
- Economic and property damages. Individuals or businesses in Alabama, Louisiana, Mississippi, four Texas counties on the gulf and Florida's Panhandle and west coast may apply as long as they didn't take an earlier payment. Exceptions are: recreational fishermen, financial institutions, casinos, racetracks, oil companies and insurers.
- Medical benefits. These may be sought by cleanup workers and people who live within a half mile of Gulf Coast beaches or a mile from Gulf wetland areas. "Certain respiratory, gastrointestinal, eye, skin and neurophysiological" conditions, such as "dizziness, headaches, fainting" would be compensated, according to a summary of the proposal.
How much compensation an individual or business receives would be determined by complicated formulas based on various factors.
Some other highlights:
- The claims deadline would be April 22, 2014, or six months after the settlement's effective date, whichever is later.
- Lawyers' fees were estimated at around $600 million and would not come from any funds set aside for victims.
- An appeal process will be in place.
- A $2.3 billion fund to compensate seafood fishermen is the only part of the proposal that is capped. Shrimp processors want to be included in the fund.
Sen. Mary Landrieu, D-La., discusses damage from the BP spill.
BP has already taken a $37 billion accounting loss for the spill but, even with a settlement, it still faces tens of billions of dollars of potential claims from the U.S. government and several gulf states.
Clean Water Act fines alone could reach as high as $17.6 billion if gross negligence is determined.
In addition, BP and Macondo partners Transocean, which owned the drilling rig, and Halliburton, which cemented the well, have sued each other.
Halliburton also objects to the proposed settlement, saying it makes Halliburton "liable in part for settlement payments."
Wednesday's decision comes a day after a former BP engineer, Kurt Mix, was arrested and charged with obstruction of justice. He's accused of having deleted hundreds of text messages about the size of the spill.
Last Friday was the two-year anniversary of the worst U.S. oil spill, which was triggered when the Deepwater Horizon rig exploded on April 20, 2010, killing 11 workers and unleashing crude that wasn't fully contained until July 2010.
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Since Halliburton doesn't like the settlement, I'm all for it. Hopefully, criminal charges will be filed against all of the corporations involved. They murdered 11 people.
What BP and Haliburton did by tapping in below the ocean floor with no disaster plan in place should mean that the tab continues to run. Does anyone know the value on the ecosystem? So--BP comes up with a number and the judge likes it. I hope the judge enjoys that big wad of sweaty money that BP slides under his robe.
"I know, up on top you are seeing great sights, but down here on the bottom,
we, too, should have rights." Dr Suess--banned in Canada as "too political
It doesn't matter how much is set aside just like the Exxon Valdez disaster it will never be paid out they will find a way to invalidate every claim and eventually get it all back with interest.
what about fixing the gulf birds fish and plants are dyeing more than ever get it fixed quick
Considering that BP covered this up from the beginning, I think nothing less than dissolution of BP and the seizure of all assets in the United States is the only settlement that is acceptable.
I would hope that the judge consider this and also consider what will happen to him if he decides to give BP a free pass like it sounds he intends to do.
I'm sure BP will be paying him off. He'll retire with a monthly income from BP for the rest of his life. That's just the way it works in the US
yeah, lol.. nevermind right and wrong.. maybe romneycare can hire him.
Just a dog and pony show for the masses.
Lawyers fees $600,000,000 WTF?
And they were only offering the judge $100 mill...that's why he isn't deciding "today." He wants $200 million--CASH--then he'll sign off on the "approval."
What a crock. Regardless if my little fantasy is even close to reality or not--who is this judge to determine that it's "OK" now and close the case?
Also, if BP allocated $20 billion and the federal guy who was appointed to dole it out--only doled out $6 billion and he claims "That was enough to satisfy all the claims..." YEAH RIGHT!! According to WHO?
This whole thing reeks of corruption and murder. Murder of 11 men, millions of animals and trillions of micro-organisms--all part of the fragile ecosystem in the gulf---and one judge now has the final word.
Can anyone really say "bought and paid for?" FK BRITISH PETROLEUM. Is this our payback for telling your a-hole king to fk-off 200+ years ago? I still don't understand why the U.S. is "allies" with Britain. They've held the keys to the safe ever since FDR banned the gold standard and that secret meeting offshore in Georgia back before the depression installed worthless fiat currency as our monetary system. This whole oil spill is nothing but one bigass slap in the face to the U.S. by Britain and this corporation--and yes--Dick Cheney's racket, Halliburton. They all should be tried for treason and HUNG!
After all the payments to the folks affected by the spill are paid,and the heads of BP are jailed,Make that damn company pay America for screwing up the gulf by selling the exact mumber of gallons of gas at "cost" or 50 cents a gallon as the number of gallons of oil spilled in the gulf. That sounds fair to me,and if it isn't,TFB! Take your "British Petroliem" back to the UK. As for the engeneer who is being proscuted for this,who do you think ordered him to delete all those e-mails?
First thing is to have everyone boycott bp. They have been destroying oceans and seas far too long. Freeze all of their assets held in America and use the funds to help with the ecological damage, the ruination of the fishing industry as well as the health of all those impacted by the spill. Do the same with halliburton as well as Marcando corp.
Then tell the brits to stay the hell out of the Gulf.
Barbier sounds like he is from Louisiana - probably one of the, if not the, most crooked states in the Union. Wonder how much is he getting form BP?!?!? Someone needs to pay with jail time. I not talking about some scape goat and I'm not talking about some resort jai either. How about the Cook County jail or maybe Angola.
We have already paid what the Oil companies are Going to pay. Gasoline prices skrocketed after the spill and we picked up the Tab for the spill. So it really isn't going to cost the oil companies anything. WE always pay in the end. And if it cost the oil companies a little more then they will just raise the price of Gas.
This is exactly why we need to force President Obama to enact a 'windfall profits tax" on EVERY oil company that has sold oil in the U.S. since 2002 when bush lied us into war in order to "stabilize oil prices". How short of memories do the republiCONs have that they cant remember that?
Oh, I forgot, "they" are the ones that elected the coke head to 2 terms so that he could lie us into war and bankrupt our country.
RepubliCONs= TREASONIST TRAITORS
Lies of the GOP & Tea bagger and all the Alec corps ( WALMART ) that pay off the Politician. Its all about the Wealthy getting richer and the middle class getting poorer.....They don't want to help the poor, I do mean the poor not the lazy good for nothings...Who are the one's that leach off the taxpayer. The Wealthy: they get welfare both for themselves an for the Corps. ...But it seems that the Wealthy get away with it ..They steal billions and the few poor steals a few thousands. So what does the GOP want, is Screw the MIddle Class to get even with the few. As I say its the me me me and F everyone else.... The failures of the Republicans party trying to take away SS & Medicare & Health care for Woman so they can give their wealthy Blackmailers more money...To hell with the Poor and Needy. Let them freeze in the winter and stave the Old and Babies,let them die from bad water, do away with the EPA and thats what you'll have, just like all you Tea baggers want...You make me sick with your Me Me Me altitude. It just a matter of time before the masses raise up against you . Greedy and you all call yourself Christians, Christains. What a laugh: Wake up America!!!!!!!!!!!!!!!!WAKE UP
I feel that this judge does not know exactly what he/she is doing...or why. Typical southern judge. Ignorant and after his/her ignorance follows negligence. With sea habitat showing signs of decimation due to the pollution, I think it is clear the judge needs to hold off a while...a year or two, to gauge the actual damage...not what is seen today.
Of course, this judge may be pressured to settle by big business and others who pat the big business over sized butts. This judge, if he/she chooses to force a settlement to make big business happy may very well be paid for this decision. I hope the judge will do what is fair...and wait for the true damage to be known. Not just the damage the oil company wishes to accept at this time...which we all know is not even close to accurate. The true damage will take a few years to be known. The oil companies know this and are counting on a judge's ignorance, greed, and stupidity to get out of this without paying the REAL damage.
I truly believe this judge WILL settle because they do not care about any one but themselves and do NOT deserve their seat on the bench. They need to just die and leave America alone. We do not need or want your selfish greedy little self.
wow all you prior service persons have just lost a full hold on the big picture.
I served so this guy could have the right to disagree, the first. . . grants that right.
The supreme court showed that inalineable rights can not be signed or given by the holder.
That said the UCMJ is in dirrect violation of the constitution and bill of rights.
The first line of the servicesmens oath clearly states that you are to defend the constitution from all enemies forigen and domestic.
if this service member sees oboma in that light he is doing his job.
I have to say wow the USMC is getting their pretty pink panties in a knot over words. . . somuch for sticks n stones.
So glad I was not one of Uncle Sams Missguided Children. The Army wanted people with brains.
Now for all the shell shocked out there. . . i started as a 12B then became a 91B. . . yes both COMBAT /field level positions, I pounded ground, I had the thrill of 7.62's flying around my body. Pulling the trigger out of fear at first,then out of lust. Even for my outspokenness I was given a spot in 91C school and a few years later I ETSed . . I can still remember why I joined. . . . to defend the people of the USA and it's constitution not the law makers, not the government.
And you rants mean nothing here. We are discussing the oil spill, not some jarhead who badmouth his commander in chief.
Thanks for your service. Now take your meds and go back to bed.
all of you are stupid !!!! how do you think they became so wealthy as a company...DAH !!! you pay what you pay at the pump because nobody has the balls in "OUR" goverment to say nothing about drilling for oil in our backyard for our own consumption, why?? because the fatt azz tony soprano envelopes keep making there way to the people who make the rules..
when you dig for oil at 5000 ft in the water, zhit happens.. they paid way more than exxon, way faster than exxon.. this is just the greed of money that "YOU WILL" pay back when the price of crude go's through the roof, and all of you that might get a couple of hundred thousand peanuts, when the lawyers, that don't have to fight for this settlement, that is already settled, gets the lion's share of the pie.. So, enjoy your cheese, while you can enjoy it..
the score.. tax paying americans in the gulf complaining about $6.00 a gallon gas, but rich enough to buy a grande @ starbucks=dumb.
the lawyers and judges that retired from your stupitidy and greed==100 and counting..
oil in the sea= bad
the birds that died- bad
the 20 billoin dollar fund, that could have been split up without lawyers== priceless..
BP=STANDS FOR "BIGG POCKETS"
OUT !!
BP settlement?
There should be an open bankbook, the environment will suffer probably past my life time & people's lively hood because of the damaged environment. Slap on the wrist oh don't do it again or we'll fine you these people are laughing they don't give Sh_t the government wants a piece also the lawyers when the dust settles it's still the environment & the people who rely on it that suffer
The lawyers will make out like bandits. Humm, bandits??
Now come make it right in Alaska Judge.
If a person blew up and killed 11 people they would be in jail for life. BP blew up 11 people and it will cost them 6 months of profits. Does this seem right to anyone?
A production of that scale didn't have parnters in business that were smart enough to research on who they were going into business with? They didn't have oversite of weekly activities and conditions. It says Halliburton and Macondo are suing each other. With something so important as operating a oil rig, they should have known the competency of each other from the beginning, but like all weak men in corporations, they try to move the responsibility to stronger men to handle. Men in business are becoming the weakest class of men in this country, and I for one can't wait to scrub this nation of them.
I believe BP has done a great job of cleaning up the mess, but that is nothing compared to the cleaning up the lawyers are in for...$600,000,000.
Way too little and way too late. Medical costs? What about funeral costs? Everyone who came in contact with that nasty "COREXIT" will be dead within the next decade. that's what happened in Alaska, and that's EXACTLY what''s going to happen in the gulf states. That stuff KILLS, plain and simple, and the more it dilutes the deadlier it is to sea and wildlife.
These A-holes KNEW what they were doing, they planned it and carried out their murderous plan to perfection. They ALL need to do prison time.
"Drill baby, drill." Yep they did, they drilled without being very safe about the drilling. Then the pigbags blamed Obama for the spill, not acting fast enough, etc etc. Yes, I do remember that. It was just a deflection because they wanted everyone to forget the mess in NOLA that "Doing a hell of a good job Brownie" fiasco.
So how soon will the haters be on here blaming Obama again?
I hope they take every penny possible from every single one of the oil companies involved. I HATE OIL COMPANIES!
Lawyers are the winners here.....again...