Subscribe free to our newsletters via your
. Medical and Hospital News .




ENERGY TECH
US court upholds BP settlement for Gulf oil spill
by Staff Writers
Washington (AFP) Jan 11, 2014


A US federal appeals court upheld Friday a multibillion-dollar settlement between BP and the coastal residents and businesses hit by the company's massive Gulf of Mexico oil spill in 2010.

The British energy giant reached a $7.8 billion settlement in 2012 with thousands of claimants struck by the worst environmental disaster in US history.

But it had been challenging the way Patrick Juneau, a court-appointed administrator of claims, calculates companies' compensation for lost profits.

The 5th US Circuit Court of Appeals ruled that US District Judge Carl Barbier was correct in rejecting a BP bid to require companies to prove that their losses were directly linked to the spill before getting a payout.

The plaintiffs were quick to hail the decision.

"Today's ruling is an enormous victory for the Gulf, and an important step forward in ensuring that every eligible claimant is fully compensated according to the objective, transparent formulas spelled out in the settlement agreement that BP co-authored and agreed to," lawyers Steve Herman and Jim Roy said in a statement.

BP said it would weigh its options to press for clarification from the courts on the minimal requirements for plaintiffs to qualify for loss claims.

"BP will continue to press its position on the proper interpretation of the settlement agreement's provisions requiring a causal nexus between a claimant's injury and the spill," said BP senior vice president of US communications Geoff Morrell.

"BP is assessing its legal options and the further implications of the Fifth Circuit's decision."

In its 48-page decision, a divided three-judge panel of the appellate court said that it could not agree with arguments raised by BP and other appellants, and affirmed Barbier's initial ruling in 2012.

"We cannot agree with the arguments raised by the objectors or BP," the document read, citing federal rules governing class-action lawsuits.

"Neither class certification nor settlement approval are contrary to Article III in this case," it added, referring to federal law.

One of the judges, Emilio Garza, disagreed.

"Whether a class member was economically injured is immaterial if that loss was not caused by the oil spill," Garza said in a 14-page dissent.

"Absent an actual causation requirement for all class members, Rule 23 is not being used to simply aggregate similar cases and controversies, but rather to impermissibly extend the judicial power of the United States into administering a private handout program."

In December, Barbier said the 2012 settlement negotiated with US authorities and accepted by BP presumed an oil spill link for any losses to businesses within certain geographical zones and in certain sectors.

Several groups of plaintiffs had previously complained after Barbier's final approval of the settlement in which he certified the case as a class-action lawsuit.

On April 20, 2010, an explosion on the Deepwater Horizon rig some 50 miles (80 kilometers) from New Orleans killed 11 workers and spilled oil for 87 days until it was plugged.

The disaster blackened beaches in five states and crippled the region's tourism and fishing industries in a tragedy that riveted the United States.

.


Related Links
Powering The World in the 21st Century at Energy-Daily.com






Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle








ENERGY TECH
Probe 'blames Sinopec, city for deadly China pipeline blast'
Beijing (AFP) Jan 09, 2014
An official inquiry blames China's state-owned oil giant Sinopec and local authorities in the city of Qingdao for a November pipeline explosion that killed 62 people, state media reported Thursday. The State Administration of Work Safety (SAWS) found that Sinopec and the Qingdao city government "are responsible for not identifying and correcting potential safety hazards", state broadcaster C ... read more


ENERGY TECH
Microalgae and aquatic plants can help to decrease radiopollution in the Fukushima area

Typhoon sparks Philippine child trafficking fears: charity

Four years after earthquake, Haiti still in ruins

Mayor of Italy earthquake town quits over graft

ENERGY TECH
GPS Traffic Maps for Leatherback Turtles Show Hotspots to Prevent Accidental Fishing Deaths

China to upgrade homegrown GPS to improve accuracy

Beidou to cover world by 2020 with 30 satellites

Obama bans construction of GLONASS stations in US without Pentagon's approval

ENERGY TECH
'Ardi' skull reveals links to human lineage

Turning Off the "Aging Genes"

Money Talks When Ancient Antioch Meets Google Earth

Reading a good book may make permanent changes to your brain

ENERGY TECH
Namibia defends black rhino hunt

Hong Kong mulls following China to destroy ivory stockpile

Worker Wasps Grow Visual Brains, Queens Stay in the Dark

Chinese man detained after dead tiger found in SUV

ENERGY TECH
Hong Kong reports first H7N9 case of the year

Canada reports first H5N1 bird flu death in North America

H1N1 flu claims five lives in Canada's Alberta province

Hundreds monitored in Taiwan after bird flu case

ENERGY TECH
Blaze tears through ancient Tibetan village in China

Hong Kong jails three mainland mothers over birth tourism

China fines top filmmaker $1.2 mn over children

Chinese Good Samaritan kills himself over accusations

ENERGY TECH
Gunmen kill two soldiers in troubled Mexican state

China smugglers dig tunnel into Hong Kong: media

Mexican military seeks to oust cartel from port

Spain jails six Somalis for piracy

ENERGY TECH
More than 182,000 officials punished in China graft crackdown

China to allow fully private banks this year

China inflation rate 2.6% in 2013

Singapore's OCBC bank in talks to buy Hong Kong lender




The content herein, unless otherwise known to be public domain, are Copyright 1995-2014 - Space Media Network. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA Portal Reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. Advertising does not imply endorsement,agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. Privacy Statement