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法律英语:121 Who Pays for the BP Oil Spill?

时间:2010-11-19 03:29来源:互联网 提供网友:fi1171   字体: [ ]
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by Adam Freedman

Today’s topic:  The Gulf1 oil spill--who pays?
And now, your daily dose of legalese: This article does not create an attorney-client relationship with any reader. In other words, although I am a lawyer, I’m not your lawyer.  In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.
The podcast edition of this article was sponsored by Go to Meeting.  With this meeting service, you can hold your meetings over the Internet and give presentations, product demos and training sessions right from your PC. For a free, 45 day trial, visit GoToMeeting.com/podcast.
Who Pays for the BP Oil Spill?
The April 20th explosion of an off-shore oil rig operated by BP (the company formerly2 known as “British Petroleum”)  in the Gulf of Mexico has turned out to be a massive tragedy for the entire region. As you know, when tragedy strikes, the lawyers are never far behind. That’s certainly the case here, as the legal questions have been gushing3 to the surface almost as quickly as the oil: Who’s liable for the damage caused by the spill? How much will they have to pay? Can Congress change the liability limits retroactively? Can the federal government ban deepwater drilling in the Gulf?
The quick and dirty answer is that BP is primarily liable, but other companies may be on the hook for portions of the damage. In some cases there are legal limits on the companies’ liability, but Congress may be able to lift those limits. And finally, the federal government can ban deepwater drilling but it has to convince the courts that such an action is necessary.
Liability for Deaths and Injury May be Limited by an 1851 Law…
When the Deepwater Horizon rig blew up on April 20th, eleven workers were killed and many of the remaining 115 workers sustained injuries. Although the rig was leased by BP, it is owned by a Swiss company called Transocean. Transocean has already asserted that its liability for any personal injury or wrongful death claims arising from the explosion is limited to $26.7 million under a law known as the Limitation of Liability Act.
Oddly enough, that law was passed by Congress in 1851--at a time when there was no oil drilling--in fact, at a time when whale oil was the nation’s primary fuel. Nonetheless the law is still on the books and it applies to all oceangoing “vessels” and an offshore5 oil rig counts as a vessel4.  
… Or by a 1920 Law
As for BP, its liability for the workers’ deaths is even more severely6 capped under a 1920 law known as the “Death on the High Seas Act”--and yes, the Deepwater rig qualifies as “the High Seas” because it was more than three nautical7 miles from shore. Under this law, BP’s liability would be limited to the workers’ funeral costs and a portion of their wages--according to one estimate that would work out to about $1,000 per worker.
The House of Representatives recently passed legislation to repeal8 these two laws--the Limitation of Liability Act and the Death on the High Seas Act--retroactively to April 20.   Now, if a little voice inside you is asking: Wait, isn’t that unconstitutional?, then you get an “A” for effort. The Constitution does prohibit retroactive laws, known as ex post facto laws, but that prohibition9 only applies to criminal laws. It does not apply to laws that deal only with civil liability.           
Economic Damages Are Legally Capped
Many people have also been economically hurt by the disaster: Think of all the idle shrimp10 boats and the empty beach hotels around the Gulf.   Under the 1989 Oil Pollution Act, liability for economic damages arising from a spill is capped at $75 million. Beyond that amount, people who have been hurt by the spill can submit a claim for reimbursement11 to the Oil Spill Liability Trust Fund, a $1 billion dollar fund administered by the government.  That Trust Fund, incidentally, is funded by civil fines that are imposed on oil spillers under the Clean Water Act. It is certainly possible that the Department of Justice will go after BP to collect those fines.
BP has already announced that it will not rely on the $75 million limit in the Oil Pollution Act, and according to news reports, it has agreed to set up its own $20 billion reimbursement fund. Perhaps that deal will stop the Department of Justice from trying to collect Clean Water Act fines, but there’s no guarantee. And even if it turns out to be irrelevant12 in this case, some members of Congress are pushing to lift the $75 million cap.
Who Pays to Clean Up the Mess?
When it comes to the environmental damage caused by the spill, there are many companies that might end up paying some part of the price tag. However, because BP is the federally-licensed operator of the oil well that has been leaking, so as far as US federal law goes, BP is 100% responsible for clean-up costs.
“Clean Up” for these purposes, means removing the oil. It doesn’t necessarily mean returning the Gulf to a pristine13 state. But even removing the oil will prove to be a very expensive proposition. Although BP is primarily on the hook, it can seek partial reimbursement from other players, including its co-investors in the oil well, and its contractors14 such as Transocean and Halliburton.
Can the Government Halt All Drilling in the Gulf?
On May 28, the Department of the Interior imposed a six-month moratorium15 on all offshore drilling operations at all deepwater oil wells.  The government does have the authority to do this under the Outer Continental16 Shelf Lands Act-- however, that authority can only be used to prevent a threat of “serious, irreparable, or immediate17 harm” to life, property, minerals, or the environment.
On June 22, 2010, a federal court held that the Department of the Interior had failed to demonstrate that such a threat exists. According to the judge, the moratorium was “arbitrary and capricious”--he compared it to banning all air travel because of one crash.   An appeals court refused to reinstate the ban while the Obama administration appeals the ruling, so in the meantime, the Interior Department has implemented18 restrictions19 on any new deepwater drilling in the Gulf. Stay tuned20!
Thank you for reading Legal Lad’s Quick and Dirty Tips for a More Lawful21 Life.
You can send questions and comments to.........Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this article only.
 


点击收听单词发音收听单词发音  

1 gulf 1e0xp     
n.海湾;深渊,鸿沟;分歧,隔阂
参考例句:
  • The gulf between the two leaders cannot be bridged.两位领导人之间的鸿沟难以跨越。
  • There is a gulf between the two cities.这两座城市间有个海湾。
2 formerly ni3x9     
adv.从前,以前
参考例句:
  • We now enjoy these comforts of which formerly we had only heard.我们现在享受到了过去只是听说过的那些舒适条件。
  • This boat was formerly used on the rivers of China.这船从前航行在中国内河里。
3 gushing 313eef130292e797ea104703d9458f2d     
adj.迸出的;涌出的;喷出的;过分热情的v.喷,涌( gush的现在分词 );滔滔不绝地说话
参考例句:
  • blood gushing from a wound 从伤口冒出的血
  • The young mother was gushing over a baby. 那位年轻的母亲正喋喋不休地和婴儿说话。 来自《简明英汉词典》
4 vessel 4L1zi     
n.船舶;容器,器皿;管,导管,血管
参考例句:
  • The vessel is fully loaded with cargo for Shanghai.这艘船满载货物驶往上海。
  • You should put the water into a vessel.你应该把水装入容器中。
5 offshore FIux8     
adj.海面的,吹向海面的;adv.向海面
参考例句:
  • A big program of oil exploration has begun offshore.一个大规模的石油勘探计划正在近海展开。
  • A gentle current carried them slowly offshore.和缓的潮流慢慢地把他们带离了海岸。
6 severely SiCzmk     
adv.严格地;严厉地;非常恶劣地
参考例句:
  • He was severely criticized and removed from his post.他受到了严厉的批评并且被撤了职。
  • He is severely put down for his careless work.他因工作上的粗心大意而受到了严厉的批评。
7 nautical q5azx     
adj.海上的,航海的,船员的
参考例句:
  • A nautical mile is 1,852 meters.一海里等于1852米。
  • It is 206 nautical miles from our present location.距离我们现在的位置有206海里。
8 repeal psVyy     
n.废止,撤消;v.废止,撤消
参考例句:
  • He plans to repeal a number of current policies.他计划废除一些当前的政策。
  • He has made out a strong case for the repeal of the law.他提出强有力的理由,赞成废除该法令。
9 prohibition 7Rqxw     
n.禁止;禁令,禁律
参考例句:
  • The prohibition against drunken driving will save many lives.禁止酒后开车将会减少许多死亡事故。
  • They voted in favour of the prohibition of smoking in public areas.他们投票赞成禁止在公共场所吸烟。
10 shrimp krFyz     
n.虾,小虾;矮小的人
参考例句:
  • When the shrimp farm is built it will block the stream.一旦养虾场建起来,将会截断这条河流。
  • When it comes to seafood,I like shrimp the best.说到海鲜,我最喜欢虾。
11 reimbursement lkpzR4     
n.偿还,退还
参考例句:
  • He received reimbursement for his travel expenses.由于出差的花费他可以得到公司的补偿。
  • Which forms do I need to complete for my travel reimbursement?我需要填什么表来报我的旅费?
12 irrelevant ZkGy6     
adj.不恰当的,无关系的,不相干的
参考例句:
  • That is completely irrelevant to the subject under discussion.这跟讨论的主题完全不相关。
  • A question about arithmetic is irrelevant in a music lesson.在音乐课上,一个数学的问题是风马牛不相及的。
13 pristine 5BQyC     
adj.原来的,古时的,原始的,纯净的,无垢的
参考例句:
  • He wiped his fingers on his pristine handkerchief.他用他那块洁净的手帕擦手指。
  • He wasn't about to blemish that pristine record.他本不想去玷污那清白的过去。
14 contractors afd5c0fd2ee43e4ecee8159c7a7c63e4     
n.(建筑、监造中的)承包人( contractor的名词复数 )
参考例句:
  • We got estimates from three different contractors before accepting the lowest. 我们得到3个承包商的报价后,接受了最低的报价。 来自《简明英汉词典》
  • Contractors winning construction jobs had to kick back 2 per cent of the contract price to the mafia. 赢得建筑工作的承包商得抽出合同价格的百分之二的回扣给黑手党。 来自《简明英汉词典》
15 moratorium K6gz5     
n.(行动、活动的)暂停(期),延期偿付
参考例句:
  • The government has called for a moratorium on weapons testing.政府已要求暂停武器试验。
  • We recommended a moratorium on two particular kinds of experiments.我们建议暂禁两种特殊的实验。
16 continental Zazyk     
adj.大陆的,大陆性的,欧洲大陆的
参考例句:
  • A continental climate is different from an insular one.大陆性气候不同于岛屿气候。
  • The most ancient parts of the continental crust are 4000 million years old.大陆地壳最古老的部分有40亿年历史。
17 immediate aapxh     
adj.立即的;直接的,最接近的;紧靠的
参考例句:
  • His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
  • We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。
18 implemented a0211e5272f6fc75ac06e2d62558aff0     
v.实现( implement的过去式和过去分词 );执行;贯彻;使生效
参考例句:
  • This agreement, if not implemented, is a mere scrap of paper. 这个协定如不执行只不过是一纸空文。 来自《现代汉英综合大词典》
  • The economy is in danger of collapse unless far-reaching reforms are implemented. 如果不实施影响深远的改革,经济就面临崩溃的危险。 来自辞典例句
19 restrictions 81e12dac658cfd4c590486dd6f7523cf     
约束( restriction的名词复数 ); 管制; 制约因素; 带限制性的条件(或规则)
参考例句:
  • I found the restrictions irksome. 我对那些限制感到很烦。
  • a snaggle of restrictions 杂乱无章的种种限制
20 tuned b40b43fd5af2db4fbfeb4e83856e4876     
adj.调谐的,已调谐的v.调音( tune的过去式和过去分词 );调整;(给收音机、电视等)调谐;使协调
参考例句:
  • The resort is tuned in to the tastes of young and old alike. 这个度假胜地适合各种口味,老少皆宜。
  • The instruments should be tuned up before each performance. 每次演出开始前都应将乐器调好音。 来自《简明英汉词典》
21 lawful ipKzCt     
adj.法律许可的,守法的,合法的
参考例句:
  • It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
  • We don't recognised him to be the lawful heir.我们不承认他为合法继承人。
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