Tag Archives: Oil Pollution Act

Florida becomes 4th state to sue BP over oil spill

The state of Florida filed a lawsuit Saturday against oil company BP and cement contractor Halliburton over the Deepwater Horizon oil spill, becoming the fourth state to seek damages for the 2010 disaster.

The suit, among other things, faults BP for not changing the batteries on the rig’s blowout preventer. Halliburton was blamed for installing faulty cement barriers that were supposed to gird the well against oil pressure.

The 40-page complaint by Florida Attorney General Pam Bondi was filed in U.S. District Court in Panama City. The federal court has jurisdiction under the Oil Pollution Act of 1990.

Bondi filed suit on the three-year anniversary of the tragedy that killed 11 rig workers in the Gulf of Mexico. Florida is now the fourth state to sue over the 2010 Gulf of Mexico oil spill; Mississippi sued on Friday. Cities and counties along the coast also have filed.

A BP spokesman declined comment and Halliburton spokespeople were not immediately available. A note on BP‘s website Saturday from BP America Chairman and President John MingĂ© said, “On the third anniversary of the tragic accident in the Gulf of Mexico, our thoughts and prayers are with the families and friends of our 11 colleagues who died and those injured.”

A battery-operated blowout preventer, powered by “a series of 9-volt battery packs,” was supposed to activate automatically but didn’t, according to the suit, because BP didn’t replace the batteries.

BP knew or should have known that the manufacturer recommended replacement of the batteries in the battery packs at least once per year,” the suit said. Divers later couldn’t manually turn it on, either. The suit also blames BP for installing a defective valve on the same blowout preventer.

The spill fouled 1,100 miles of beaches and marsh along the Gulf coast, keeping away waves of summer tourists who swim and fish in the waters.

“Indeed, Florida relies on the pristine nature of the Gulf of Mexico as the source for much of the attraction of patrons, tourists and visitors,” the suit said.

The suit focuses on the state’s economic losses and includes negligence and other claims under federal, state and maritime law.

Bondi argues that the 2010 spill cost the state a variety of

From: http://feeds.foxnews.com/~r/foxnews/national/~3/AIKVCd2yIxg/

Executive Order — Amendments to Executive Order 12777

By The White House

EXECUTIVE ORDER

– – – – – – –

AMENDMENTS TO EXECUTIVE ORDER 12777

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Section 4 of Executive Order 12777 of October 18, 1991, as amended (Implementation of Section 311 of the Federal Water Pollution Control Act of October 18, 1972, as Amended, and the Oil Pollution Act of 1990) is further amended by striking section 4 in its entirety and inserting in lieu thereof the following:

Sec. 4. Liability Limit Adjustment. (a)(1) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of the department in which the Coast Guard is operating, acting in consultation with the Administrator, the Secretary of Transportation, the Secretary of the Interior, and the Attorney General:

(A) the adjustment of the limits of liability listed in section 1004(a) of OPA for vessels, onshore facilities, and deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index;

(B) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of marine transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1), and of any limits of liability established under section 1004(d)(2) with respect to deepwater ports subject to the DPA, to reflect significant increases in the Consumer Price Index; and

(C) the reporting to Congress on the desirability of adjusting limits of liability, with respect to vessels, marine transportation-related onshore facilities, and deepwater ports subject to the DPA.

(2) The Administrator and the Secretary of Transportation will provide necessary regulatory analysis support to ensure timely regulatory Consumer Price Index adjustments by the Secretary of the department in which the Coast Guard is operating of the limits of liability listed in section 1004(a) of OPA for onshore facilities under subparagraph (a)(1)(A) of this section.

(b) The following functions vested in the President by section 1004(d) of OPA are delegated to the Administrator, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Transportation, the Secretary of the Interior, the Secretary of Energy, and the Attorney General:

(1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-transportation-related onshore facilities, and the adjustment of any such limits of liability established under section 1004(d)(1) by the Administrator to reflect significant increases in the Consumer Price Index; and

(2) the reporting to Congress on the desirability of adjusting limits of liability with respect to non-transportation-related onshore facilities.

(c) The following functions vested in the President by section 1004(d) of OPA are delegated to the Secretary of Transportation, acting in consultation with the Secretary of the department in which the Coast Guard is operating, the Administrator, the Secretary of the Interior, and the Attorney General:

(1) the establishment of limits of liability under section 1004(d)(1), with respect to classes or categories of non-marine transportation-related onshore facilities, …read more
Source: White House Press Office

BP Spill Settlement Reportedly Being Considered By U.S. Justice, Gulf States

By The Huffington Post News Editors

Feb 23 (Reuters) – The U.S. government and Gulf Coast states are considering offering BP Plc a deal under which it pays $16 billion to settle civil suits stemming from the deadly 2010 Deepwater Horizon explosion and oil spill, the Wall Street Journal reported on Friday.
The deal would cover the company’s potential penalties under the Clean Water Act and payments under the Natural Resources Damage Assessment, the newspaper said, citing sources familiar with the discussions.
It was unclear if the deal has been formally offered to BP. The U.S. Justice Department declined to comment.
A settlement could avert a bruising courtroom battle over the worst ever U.S. offshore oil spill slated to start on Monday in New Orleans, although the trial may begin as the terms of the deal are hammered out.
A settlement would also put a solid number on BP‘s costs under the Clean Water Act, which range from $4.5 billion to $17.5 billion, as well as potential natural resources damage assessments to the states under the Oil Pollution Act.
BP doesn’t talk about possible offers or negotiations, but I can tell you we are ready for trial and looking forward to the opportunity to present our case starting Monday,” BP spokesman Geoff Morrell said when contacted by Reuters.
BP has spent or committed $37 billion on cleanup, restoration, payouts, settlements and fines. That includes an estimated $8.5 billion deal with most plaintiffs and a record $4.5 billion in penalties, and a guilty plea to 14 criminal counts to resolve criminal charges from the Justice Department and civil claims from the U.S. Securities and Exchange Commission.
BP has said it would settle on “reasonable terms,” but was prepared to go to trial if the demands were “excessive and not based on reality.”

Read More…

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Source: FULL ARTICLE at Huffington Post

Crews aim to start removing oil from damaged barge on Mississippi River

The Coast Guard says crews hope to start work Wednesday to remove thousands of gallons of oil from a damaged barge on the Mississippi River, but it’s not clear how long that could take or when the river will reopen.

A 16-mile stretch of river was closed near Vicksburg for a fourth day Wednesday after two barges collided with a railroad bridge and one began leaking oil.

Tugs have held the ruptured barge to the bank on the Louisiana side of the river, across from Vicksburg’s Riverwalk and Lady Luck casinos, since Sunday’s crash.

The plan is to pump the oil to an empty barge that was on site Wednesday morning, said Petty Officer 1st Class Matt Schofield.

“We’d like to be optimistic and start doing it as soon as we can, but there are a lot of things that could change between now and then,” Schofield said.

Severe weather that swept through the area overnight Tuesday shut down cleanup operations for a time, but crews were working again Wednesday morning, Schofield said.

The Coast Guard said 7,000 gallons of crude oil were unaccounted for, but it’s not clear if it all spilled into the river or if some seeped into empty spaces inside the barge. Schofield said Wednesday that oil is still seeping from the damaged barge, but crews were “able to recover it faster than it’s coming out.”

Crews have been working to contain and remove oil since the barge, owned by Corpus Christi, Texas-based Third Coast Towing LLC, struck a railroad bridge and began leaking early Sunday. The company has refused to comment.

The Coast Guard said the environmental impact has been minimal because a boom is containing the leak around the barge and the leak is slow. Crews are using a skimmer to collect the oil.

The closure has been costly for the shipping industry.

Schofield said 55 vessels, including towboats, and 834 barges were idled at the closed 16-mile stretch of the river, one of the nation’s vital commerce routes.

About 168.4 million tons of cargo a year move along the Mississippi River between Baton Rouge, La., and the mouth of the Ohio River, carried by nearly 22,300 cargo ships and 162,700 barges, according to the Army Corps of Engineers. About 3.6 million tons of cargo are handled annually by the port of Vicksburg.

When low water threatened to close the river earlier this month, the tow industry trade group American Waterways Operators estimated that 7.2 million tons of commodities worth $2.8 billion might be sidelined over the last three weeks of January.

Salt destined for Northern roads is moving upriver in January, said spokeswoman Ann McCulloch. “We’re still moving corn, soybeans and grain, but also coal and petroleum … stone, sand and gravel,” she said Tuesday.

Barges carry 20 percent of the nation’s coal and more than 60 percent of its grain exports, according to the group.

Ron Zornes, director of corporate operations for Canal Barge Co. of New Orleans, said each idled towboat could cost a company anywhere from $10,000 to $100,000 a day. The low end would be for a single boat with a couple of barges and the high end for one in “a system of towboats that acts sort of like a bus system.”

“So if one bus is stopped, it gums up the whole system,” he said.

On the other hand, vessel traffic tends to be lower in January than during peak harvest season, when grain from the U.S. heartland is shipped south to be loaded onto massive ships near New Orleans.

Nature’s Way Marine LLC of Theodore, Ala., has been named the responsible party for the oil spill, a designation that is assigned under the federal Oil Pollution Act.

The barges were being pushed by the company’s tug Nature’s Way Endeavor. The company has declined requests for information from The Associated Press.

Companies found responsible for oil spills face civil penalties tied to the amount of oil that spilled into the environment.

Coast Guard Petty Officer 3rd Class Jonathan Lally said Tuesday it’s too early in the investigation to know if the company could face penalties or fines.

The Nature’s Way Endeavor was pushing two tank barges when the collision with the bridge happened about 1:30 a.m. Sunday, authorities said. Both barges were damaged, but only one leaked. Authorities declared the bridge safe after an inspection.

The leaking tank, which was pierced above the water line, was carrying 80,000 gallons of light crude, authorities said. The Coast Guard hasn’t said how much oil was in the other tanks on the barge.

Source: FULL ARTICLE at Fox US News