Subscribe free to our newsletters via your
. Military Space 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
Israel moves closer to anti-missile shield with Arrow 3 test

Satellite of Russia's early warning constellation burns down in atmosphere

Raytheon begins building 12th AN/TPY-2 ballistic missile defense radar

SBIRS Geo-2 Missile Defense Early Warning Satellite Certified For Operation

ENERGY TECH
Israel successfully tests Arrow space missile interceptor

Israel, US carry out missile test during Kerry visit

Raytheon awarded $80.5 million from US Navy for Joint Standoff Weapon

Missiles fired from Lebanon trigger Israel shelling: army

ENERGY TECH
UAS Test Site Selection Good News for NASA Langley, Wallops

US names drone testing sites

FAA announces locations for future drone testing sites

US drone strike kills three in northwest Pakistan

ENERGY TECH
Rocket Rokot brings 3 Russian military-purpose satellites on orbit

US Air Force selects Raytheon's high-bandwidth satellite terminal for secure, protected communications

Military Communication Improved as 6th Boeing-built Wideband Satellite Enters Service

Radio Gateway Connects US and Allied Troops to a Common Mobile Network

ENERGY TECH
Raytheon awarded $12.9 million Cooperative Engagement Capability contract

Boeing Delivers Final Focused Lethality Munition to USAF

US Army Awards Raytheon contract for Excalibur Ib

Russia's Kalashnikov, designer of AK-47, dies

ENERGY TECH
Hollande drives for arms deals in Persian Gulf as U.S. power wanes

Outgoing German defence minister in parting shot at France, Britain

Aborted defence deal underlines India's procurement problem

Nexter calls for bidding expense reimbursement

ENERGY TECH
France, Japan vow to strengthen defence ties amid China spat

China calls for 'warning' to Japan over war tribute

Critical Gates memoir rocks Obama administration

Outside View: Three New Year's wishes

ENERGY TECH
Extraordinary sensors pushed to their boundaries

Understanding secondary light emissions by plasmonic nanostructures

No nano-dust danger from facade paint

Discovery at nanoscale has major implications for manufacturers




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