U.S. sues BP for environmental disaster in Gulf oil spill

Posted by AzBlueMeanie:

How long do you think it will take Texas congressman Joe Barton to apologize to BP again for this "shakedown" by the U.S. government? (Rep. Joe Barton is laying claim to the chairmanship of the House Energy and Commerce Committee. Joe Barton — Energy and Commerce Committee? – The Center for Public Integrity).

Hell, the entire incoming Republican House Caucus is likely to apologize to BP and to legislatively undermine this lawsuit.

The Justice Department on Wednesday sued BP and eight other companies in the Gulf oil spill disaster in an effort to recover billions of dollars from the largest offshore spill in U.S. history. The Associated Press as a fairly detailed report on the lawsuit here. Government sues BP, 8 others in Gulf oil spill - msnbc.com.

The Wall Street Journal has this summary of today's legal action. Justice Department Sues BP Over Gulf Oil Spill – WSJ.com:

The government's civil claims, filed in a New Orleans federal court, seek penalties and damages under the Oil Pollution Act and the Clean Water Act.

Notably, the Justice Department is seeking to hold some defendants liable without limitation under the Oil Pollution Act for oil-spill-removal costs and other damages, including damages to natural resources.

The lawsuit doesn't put a price tag on the amount of damage caused by the spill. A total assessment of damages to natural resources could take years.

The government is also seeking civil penalties under the Clean Water Act that could total billions of dollars. The act allows the U.S. to seek as much as $1,100 per barrel spilled, and even higher penalties in cases of gross negligence.

A government-led group estimated that 4.9 million barrels gushed out of the well, though some of it was captured. BP has said privately that the flow rate may have been 20% to 50% less.

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The Justice Department alleged in its complaint that important safety and operating regulations were violated in the period leading up to the spill. The department said defendants failed to take necessary precautions to keep the well under control leading up to the explosion and failed to use the best available technology to monitor the well's conditions.

The defendants also failed to maintain continuous surveillance and use the best equipment to protect workers, equipment and the environment, the Justice Department said.

The lawsuit will be consolidated in the multidistrict litigation that is pending before a New Orleans federal judge.

Unlike the other defendants, QBE isn't being sued under the Clean Water Act, and it can be held liable under the Oil Pollution Act only up to the amount of its insurance-policy coverage, the department said.

The department has been conducting criminal and civil investigations into the oil-spill disaster.

Additional defendants and charges could be added at a later date, a Justice Department official said.