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Gulf Oil Spill Investigation: Companies At Fault Will Be In Charge Of Recovering Evidence

First Posted: 08/06/10 07:19 PM ET Updated: 05/25/11 06:15 PM ET

Gulf Oil Spill Investigation

NEW ORLEANS (AP) -- Now that BP appears to have vanquished its ruptured well, authorities are turning their attention to gathering evidence from what could amount to a crime scene at the bottom of the sea.

The wreckage -- including the failed blowout preventer and the blackened, twisted remnants of the drilling platform -- may be Exhibit A in the effort to establish who is responsible for the biggest peacetime oil spill in history. And the very companies under investigation will be in charge of recovering the evidence.

Hundreds of investigators can't wait to get their hands on evidence. The FBI is conducting a criminal investigation, the Coast Guard is seeking the cause of the blast, and lawyers are pursuing millions of dollars in damages for the families of the 11 workers killed, the dozens injured and the thousands whose livelihoods have been damaged.

"The items at the bottom of the sea are a big deal for everybody," said Stephen Herman, a New Orleans lawyer for injured rig workers and others.

BP will surely want a look at the items, particularly if it tries to shift responsibility for the disaster onto other companies, such as Transocean, which owned the oil platform, Halliburton, which supplied the crew that was cementing the well, and Cameron International, maker of the blowout preventer.

BP and Transocean -- which could face heavy penalties if found to be at fault -- have said they will raise some of the wreckage if it can be done without doing more damage to the oil well. That would give the two companies responsibility for gathering up the very evidence that could be used against them.

But the federal government has said it simply doesn't have the know-how and the deep-sea equipment that the drilling industry has. And it said the operation will be closely supervised by the Coast Guard.

Lawyers will be watching, too, to make sure the companies don't do anything untoward, said Brent Coon, an attorney for one of the thousands of plaintiffs seeking damages.

"I think they would do something in front of their own mother if they could," Coon said. "But the reality is there are a lot of eyes watching them and a lot of smart scientists who would know if they did anything they weren't supposed to."

The crisis in the Gulf appeared to be drawing to a close this week when BP plugged up the top of the blown-out well with mud and then sealed it with cement. BP Senior Vice President Kent Wells said crews plan to resume drilling Sunday night on a relief well more than two miles below the seafloor that will be used to inject mud and cement just above the source of the oil, thereby sealing off the well from the bottom, too. The two wells should hook up between Aug. 13 and Aug. 15, Wells said.

In other developments Friday, BP said it might drill again someday into the same undersea reservoir of oil, which is still believed to hold nearly $4 billion worth of crude. That prospect is unlikely to sit well with Gulf Coast residents furious at the oil giant.

"There's lots of oil and gas here," Chief Operating Officer Doug Suttles said. "We're going to have to think about what to do with that at some point."

Also Friday, BP said Suttles -- who has spent more than three months managing BP's response efforts on the Gulf -- is returning to his day job in Houston. Mike Utsler, a vice president who has been running BP's command post in Houma, La., since April, will replace him.

Willie Davis, a 41-year-old harbormaster in Pass Christian, Miss., said he fears his area will be forgotten if BP pulls out too soon. "I'm losing trust in the whole system," he said. "If they don't get up off their behinds and do something now, it's going to be years before we're back whole again."

Utsler told Gulf residents not to worry, saying the spill's effects are "a challenge that we continue to recognize with more than 20,000-plus people continuing to work."

Investigations of the disaster began immediately after the rig blew up on April 20. The government alone is conducting about a dozen, including several congressional investigations, criminal and civil probes by the Justice Department, and an examination by an expert panel convened by President Barack Obama.

Officials want to find out not only the cause of the explosion, but also how oil drilling a mile or more below the surface can be made safer.

A final outcome could be years away, particularly if someone is charged with a crime, said David Uhlmann, former chief of the Justice Department's environmental crimes team.

"Normally an investigation of a case this complicated would take two to three years. This is not a normal case," he said. "This is the worst environmental disaster in U.S. history."

Any items brought up from the seafloor will be photographed and preserved. Investigators for the government, BP and others who have a stake in the case will try to come up with testing procedures acceptable to all sides.

The blowout preventer will probably make it to the surface. The 300-ton mechanism is designed to be placed on a well and brought back to the surface for reuse. It was supposed to be the final line of defense against a catastrophic spill, but BP documents obtained by a congressional committee showed the device had a significant hydraulic leak and a dead or low battery.

"That piece of equipment will tell us whether the blowout preventer had a design defect or whether it was mechanical or human error that caused this disaster," Herman said.

The blowout preventer is still attached to the broken wellhead but will be replaced as part of the effort to permanently secure the well, said retired Coast Guard Adm. Thad Allen, who is overseeing the spill response for the government.

"In some ways it's the smoking gun," said Eric Smith, associate director of the Tulane Energy Institute. "It's rich evidence. It still won't tell you exactly what happened at the bottom of the well ... but the fact is it didn't work -- and everybody wants to know why."

Coon said the rig might contain "black boxes" that recorded critical data and control panels that could be removed to re-create conditions before the explosion.

Transocean has asked the government for permission to test the blowout preventer and hopes to see it raised it in September, company President Steven Newman said.

Getting to the exploded rig itself might be harder. It would be impractical to raise the entire structure because of its immensity, twice the size of a football field, Coast Guard Rear Adm. Paul Zukunft said. He would not say whether it would be possible to cut off vital pieces of the structure.

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NEW ORLEANS (AP) -- Now that BP appears to have vanquished its ruptured well, authorities are turning their attention to gathering evidence from what could amount to a crime scene at the bottom of the...
NEW ORLEANS (AP) -- Now that BP appears to have vanquished its ruptured well, authorities are turning their attention to gathering evidence from what could amount to a crime scene at the bottom of the...
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06:33 PM on 08/10/2010
Please notice how NONE of the other leaders in the fossil fuel industry have stepped to assist and take an active role in this disaster even though ALL of them are earning huge profits from exploiting OUR wealth?
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01:56 PM on 08/10/2010
This is Bullspit
04:18 PM on 08/09/2010
What's new in bizarro world? Excuse me: America.
02:40 PM on 08/09/2010
The depth and gravity of American corruption and greed is staggering. This country is finished. Clinton, Bush, Obama... they're all the same. All work for multi-national banking concerns, namely the House of Rothschild. We're doomed.
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HUFFPOST SUPER USER
vulpecula762mm
12:20 PM on 08/09/2010
Awesome

Since corporations are now individual people... then I can declare myself a corporation and if I say.... shoot my wife.... I get to collect the evidence and submit my findings?
12:07 PM on 08/09/2010
There some American ingenuity for ya…This is the kind of brilliant thinking that is taking us right into the third world…
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11:44 AM on 08/09/2010
Ahhh...yes, I'm sure when the criminals find evidence against them, they will promptly make us aware of their find and help us prosecute them for any worngdoing.
11:16 AM on 08/09/2010
1) 11 men killed by BP’s greed: http://blog.al.com/live/2010/07/oil_spill_day_100_the_11_men_w.html

2) March 23, 2005 explosion – 15 killed. BP paid out settlements: http://www.chron.com/disp/story.mpl/special/05/blast/4324819.html

3) Piper Alpha was a North Sea oil production platform operated by Occidental Petroleum (Caledonia) Ltd. An explosion and resulting fire destroyed it on July 6, 1988, killing 167 men,[3] with only 59 survivors. http://en.wikipedia.org/wiki/Piper_alpha_disaster

4) BP admits role in Lockerbie bomber's release http://articles.sfgate.com/2010-07-16/news/21985586_1_bp-megrahi-transfer-pact
Oil giant BP confirmed that it had lobbied the British government to conclude a prisoner-transfer agreement that the Libyan government wanted to secure the release of the only person convicted for the 1988 Lockerbie airliner bombing over Scotland, which killed 270 people, most of them Americans.
08:23 AM on 08/09/2010
Talk talk talk.We might see the gulf "cleaned up".We'll let the fox tell us how it's takeing care of the chickens.When it's all over and done .ther are still eleven fresh graves,eleven.Don't ever forget that!
11:18 AM on 08/09/2010
Thank you.

11 men lost their lives when the Deepwater Horizon oil rig exploded on April 20. This is a tribute by Steve Joynt to the 11 men who died on the Deepwater Horizon, “Oil spill Day 100: The 11 men who died on the Deepwater Horizon”

http://blog.al.com/live/2010/07/oil_spill_day_100_the_11_men_w.html

We can never lose sight of the human cost of BP’s and others’ malfeasance.
HUFFPOST SUPER USER
Ozark Homesteader
http://ozarkhomesteader.wordpress.com
08:01 AM on 08/09/2010
The Coast Guard botched the control of Corexit so much that putting that organization in charge of supervising gathering evidence is ludicrous. Congress needs to appoint a special prosecutor, one with experience fighting the drilling companies.
02:46 AM on 08/09/2010
Of course they will this is the US .The same bankster who collapsed the world economy are still in charge too.Were you expecting accountability?Thats only for poor people.
01:23 AM on 08/09/2010
We must address the corruption and political barriers to meaningful change. Here are two good resources to start:

1. DIRTY ENERGY MONEY:
http://dirtyenergymoney.com/
“Dirty Energy Money is an interactive website that tracks the flow of oil, gas, and coal money in U.S. Congress. Find out which energy companies are pumping their dirty money into politics and which politicians are receiving it.”

2. OIL CHANGE INTERNATIONAL
http://priceofoil.org/
Clean energy advocates and activists have noted for decades that the barriers to a clean energy transition are political, not technical. Today, this is more apparent than ever. Oil Change International is dedicated to identifying, overcoming, and dismantling these political barriers to clean energy.
01:10 AM on 08/09/2010
BP and other oil polluters and colluders have worked hard to COVER UP the environmental disaster they created. Here’s some of the evidence:

1. Information from geologists: Why is BP's Macondo Blowout So Disastrous and Beyond Patch-up:
http://bklim.newsvine.com/_news/2010/07/30/4781973-why-is-bps-macondo-blowout-so-disastrous-beyond-patch-up-
What you don’t see can be covered up. . . BP knew if the gushing well was completely shut at the top, oil and gas would spread beneath the sea floor and gas seeps would appear. With the cap on, it’s easier to manipulate the data. There is no need to prove the well is leaking. It is already a fact.

2. Where’s the oil? It’s Oozing out of the Louisiana Ground
http://news.yahoo.com/s/yblog_upshot/20100803/bs_yblog_upshot/wheres-the-oil-its-oozing-out-of-the-louisiana-ground
A slew of media reports last week asked, "Where is the oil?" angering many along the Gulf Coast, particularly those still seeing oil all over the place.
See this video report that confirms the outrage among Gulf residents who contend it's far too early for BP to scale back its cleanup campaign. It shows oil oozing out of Louisiana's coastal land.
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11:56 PM on 08/08/2010
What "evidence?" Leave it alone. It's over now. The oil is either gone or getting gone. It's time to move on.
HUFFPOST COMMUNITY MODERATOR
TeeLolly
11:39 PM on 08/08/2010
Why not be truly egalitarian about the whole thing and let all those suspected of having committed a crime handle the investigations themselves?

Or do corporations get special treatment in every instance, now that they have first amendment rights on top of the rights of every individual shareholder, officer, director and employee?