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Robert Menendez Pushes Bill Raising BP's Oil Spill Liability To $10 Billion

Robert Menendez Frank Lautenberg

First Posted: 07/03/10 06:12 AM ET Updated: 05/25/11 05:20 PM ET

A trio of Democratic Senators are introducing legislation on Monday that would dramatically raise the amount of money that oil companies like BP would have to pay in economic damages in an event of a spill.

Authored by New Jersey Sen. Robert Menendez, and co-signed by fellow Garden Stater
Sen. Frank Lautenberg and Florida Sen. Bill Nelson, the (craftily-titled) "Big Oil Bailout Prevention Act" would raise the economic damages liability cap for offshore oil spills from $75 million to $10 billion.

The impetus for the legislation were reports that surfaced over the weekend that British Petroleum, the company responsible for the disastrous spill in the Gulf Coast, would face limited responsibility for covering costs beyond cleanup and containment.

The oil company, in addition to others, pays money into the Oil Spill Liability Trust Fund -- a kind of rainy day piggy bank for handling the immediate costs of dealing with disasters. Under the charter of the federal law that created the $1.6 billion fund, however, operators of the offshore rig face no more than $75 million in liability for non-cleanup and containment damages. And in a region like the Gulf Coast the cost to local industry of a massive oil spill can easily skyrocket well beyond that total.

"We're glad that the costs for the oil clean up will be covered, but that's little consolation to the small businesses, fisheries and local governments that will be left to clean up the economic devastation that somebody else caused," Menendez said in a statement. "We can't let the burden fall to the taxpayers - we should ensure that those who cause the damage are fully responsible. There is no such thing as a 'Too Big to Spill' oil well."

Introduced in a hurry, the bill would affect the current crisis surrounding BP. And from the tone set by the title, the text of the legislation, the three Senators -- all vocal offshore drilling opponents -- appear determined to make it as tough a vote as possible for their colleagues on the other side of the debate.

In addition to forcing oil-spillers to cover the costs of economic recovery, the legislation would require companies like BP to spend future revenues on cleanup and containment costs that exceed the Oil Spill Liability Trust Fund's $1.6 billion. It would also eliminate the $1 billion cap on individual claims against the fund and allow community responders to access the fund for "preparation and mitigation up front."

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A trio of Democratic Senators are introducing legislation on Monday that would dramatically raise the amount of money that oil companies like BP would have to pay in economic damages in an event of a ...
A trio of Democratic Senators are introducing legislation on Monday that would dramatically raise the amount of money that oil companies like BP would have to pay in economic damages in an event of a ...
 
 
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HUFFPOST SUPER USER
wrightlawsuit
09:30 AM on 05/07/2010
Piggy Oil Companies:
I do not think oil companies clean up the oil because they care about the environment. I think they just want the oil back! When gas went up in the 90s, President Clinton responded “It looks like someone is playing politics.”HOW DARE THESE OIL PIGGIES HOLD OUR PRESIDENTS AND THE AMERICAN ECONOMY HOSTAGE WITH THREATS OF ECONOMIC SABOTAGE!

Piggy Banks:
But there is a bigger spill on the horizon my friend. This spill is going to effect every coast line in America. It is called the GREAT FORECLOSURE SPILL! HOW DARE THESE PIGGY BANKS HOLD OUR PRESIDENTS AND THE AMERICAN ECONOMY HOSTAGE WITH THREATS OF ECONOMIC SABOTAGE!

I dedicate this youtube song:

Have you seen the little piggies
Crawling in the dirt
And for all the little piggies
Life is getting worse
Always having dirt to play around in.

Have you seen the bigger piggies
In their starched white shirts
You will find the bigger piggies
Stirring up the dirt
Always have clean shirts to play around in.

In their ties with all their backing
They don't care what goes on around
In their eyes there's something lacking
What they need's a damn good whacking.

Everywhere there's lots of piggies
Living piggy lives
You can see them out for dinner
With their piggy wives
Clutching forks and knives to eat their bacon.

I AM FIGHTING BACK!

Unitedlawgroup.com
John Wright vs. BofA
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devondx
Totally De-regulate all RED states=JUSTICE..
02:49 PM on 05/04/2010
please limit my liability to $2.... so i can walk around drunk and blindfolded

waving a sword....its fair because i'll help clean up the mess,,awesome...thanks!!
BlackbirdHighway
Brawndo's got electrolites!
01:19 PM on 05/04/2010
Why should there be any limit at all? Whatever happened to all this talk about free markets? Having the government impose a limit to liability is NOT a free market. True conservatives would be up in arms against any limit.
07:46 AM on 05/04/2010
10 billion isn't CLOSE to enough for the f*ckers to install safety that meets the stadard of 1975.

1. If they f*ck up and the environment takes damage and it can be proven that better safety was available but they wanted that money to go to their shareholders THEY NEED TO GO TO JAIL. Destroying ANYTHING for profit - and there are human lives that will be lost because of this - they go to jail.

2. The shareholders who were given money that was taken so safety could be ignored have to give back enough to repair the damage.

We have a system where the ones with the billions have no accountability whatsoever. They take the money and it is theirs even when the company that gave them the money only had it because they committed crimes.

When I take money to damage someone car so he has an accident I GO TO JAIL. And rightfully so.

And they need to too.
06:40 AM on 05/04/2010
$10 billion?!? That won't even begin to cover the cost of this. I say as soon as the first tax payer dollar is spent, we own BP. We nationalize it, and sell the oil on the market at a cut rate, forcing down the price of oil. Starve the cartel, and get the green energy plan going.
BlackbirdHighway
Brawndo's got electrolites!
01:21 PM on 05/04/2010
Or just use 100% of the profits to fund green energy
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HUFFPOST SUPER USER
planetmondo
Christian, Musician, Scientist, Citizen
06:29 AM on 05/04/2010
Sorry no ex post facto laws...I thaught you guys were lawyers.
05:09 AM on 05/04/2010
The Democrats have been doing all the work, notice? All the good, hard legislative work. Republicans just block, tackle and obfuscate.
05:16 AM on 05/04/2010
"The Democrats have been doing all the work..."

It so much better that way... oh god, can you just imagine?
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HUFFPOST SUPER USER
Liberty1967
02:37 AM on 05/04/2010
Make it retroactive
HUFFPOST SUPER USER
Jim Pasterczyk
Banned!
01:18 AM on 05/04/2010
I'm guessing another reason for this proposal was the reactionaries on the Supreme Court limiting liability for punitive damages under federal maritime statutes in their case of a few years ago on the Exxon Valdez spill.
01:30 AM on 05/04/2010
Right!
Blocking the right-wing activists on the SCOTUS - WILL be necessary.
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HUFFPOST SUPER USER
FogBelter
Illegitimis non carborundum
01:03 AM on 05/04/2010
How about no cap on liability and we rescind BP's Articles of Incorporation and its right to do business in the United States? That works for me.
06:41 AM on 05/04/2010
Better yet, nationalize it, and dump the oil on the market cheap to drop oil prices. Starve the beast.
12:50 AM on 05/04/2010
talk about a money grab
12:58 AM on 05/04/2010
Yes, let's talk about a money grab. Limiting liability on an accident like this to $75 million is like limiting your liability for a car crash to $500. It's practically a license to drive drunk.
01:23 AM on 05/04/2010
Try selling that BS to the American people.
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leonel
Lotus flower
12:01 AM on 05/04/2010
The first impression that someone could have about this accident is that it should not happen unless there is some unusual circumstance. It is just too dangerous and can lead to very high damages. And it did. So a detective should first wonder whether it was either intentional sabotage or just very risky behavior.

It appears that the oil companies have been warned that the safeguards they have for oil spills when they drill at very deep levels may not be enough. The FBI should get involved to investigate if there was criminal negligence. Unless the Obama administration takes this step, it may later be blamed for not having been proactive enough.
12:17 AM on 05/04/2010
What evidence do you have that it is a criminal act and unusual? Moreover, you think Obama is personally responsible for the negligence of a private company? You sure jumped the shark there. Let's look at the record of oil companies trying to water down regulation: that record is clear.
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leonel
Lotus flower
12:46 AM on 05/04/2010
The evidence is in a report made in 2004 or so as reported in an article in Financial Times. For persons wanting more background on this industrial accident, they should go back to April 23rd, when the first articles were published. Financial Times and other publications have interviewed experts. This is not a simple accident. There have to be safeguards against oil spills and fires and the allegations are that the oil companies drilling in deep waters are taking high, and possibly unjustifiable, risks.
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HUFFPOST SUPER USER
SaquaroSue
11:53 PM on 05/03/2010
There liability should be raised to every d@mn penny it takes to clean up the mess they made, including paying every single person whose livelihood they impacted. No more privatizing the profits while socializing the risks.
01:00 AM on 05/04/2010
Amen! The Anglo-American legal system works just fine when it's not subverted by corrupt legislators and activist judges ... like the Bushies on the U.S. Supreme Court.
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HUFFPOST SUPER USER
txgrandpa6
Progressive Democrat living in Texas!
09:58 AM on 05/04/2010
Agreed. There should be NO LIMIT on liability. The companies at fault should be held responsible for all the economic damage their negligence created. The limit should not be merely the cleanup cost, it must also cover the economic damage to the many communities and small businesses that are negatively affected by their negligence. To place any monetary limit on liability only opens the door to further negligence.
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HUFFPOST SUPER USER
ariveria
11:49 PM on 05/03/2010
i still dont no why there was a penny of federal money spent on this. i am tired of bailout these big companies. obama said bp will pay. i hope it is not more then net 60.

"when the truth is found to be lies"
jefferson airplane

First the internet replaced talk radio
as the cesspool of misinformation
now it is Fox News
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leonel
Lotus flower
11:45 PM on 05/03/2010
Financial Times article explains that it has been known for years that the method that was intended to safeguard against this type of accident was risky and possibly not good enough for deep water wells. That the oil industry was going too far, too fast. In other words this was a high risk drilling operation, an accident waiting to happen.