BP reaches $7.8B settlement over Gulf spill claims
May be one of largest class-action settlements ever
The Associated Press
Posted: Mar 3, 2012 12:27 AM ET
Last Updated: Mar 3, 2012 12:26 AM ET
Smoke rises from fires on the Deepwater Horizon offshore oil rig on April 21, 2010, a day after an explosion at the offshore platform killed 11 men and began spilling 780 million litres of petroleum into the Gulf of Mexico. (Gerald Herbert/Associated Press)BP agreed late Friday to settle lawsuits brought by more than 100,000 fishermen who lost work, cleanup workers who got sick and others who claimed harm from the oil giant's 2010 Gulf of Mexico disaster, the worst offshore oil spill in the nation's history.
The momentous settlement will have no cap to compensate the plaintiffs, though BP PLC estimated it would have to pay out about $7.8 billion, making it one of the largest class-action settlements ever. After the Exxon Valdez disaster in 1989, the company ultimately settled with the U.S. government for $1 billion, which would be about $1.8 billion today.
BP still has to resolve claims by the U.S. government, Gulf states and its partners in the doomed Deepwater Horizon project, in which pressure from a well more than a kilometre below the ocean's surface blew up a massive drilling rig, killing 11 men and spewing oil into the sea for nearly three months. That could add billions of more to its tab.
BP said it expects the money to come from the $20 billion compensation fund that it previously set out. According to the Deepwater Horizon Oil Spill Trust, current total trust assets are approximately $9.5 billion.
The spill exposed oil industry failings, forced BP chief executive Tony Hayward to step down after his repeated gaffes and led to new lexicon in American vocabulary as crews used innovative attempts to plug the spewing well, such as the top kill and the junk shot.
Environmental damage
The spill soiled sensitive tidal estuaries and beaches, killing wildlife and shutting vast areas of the Gulf to commercial fishing. After several attempts to cap the well failed, engineers finally were successful on July 15, halting the flow of oil into the Gulf of Mexico after more than 85 days.
The main targets of litigation resulting from the explosion and spill were BP, Transocean, Halliburton and Cameron International, maker of the well's failed blowout preventer. BP, the majority owner of the well that blew out, was leasing the rig from Transocean.
The Justice Department sued some of the companies involved in the ill-fated drilling project, seeking to recover billions of dollars for economic and environmental damage. The department opened a separate criminal investigation, but that probe hasn't resulted in any charges.
The companies also sued each other, although some of those cases were settled last year. In one of the pending lawsuits, BP has sued Transocean for at least $40 billion in damages.
Trial preparations produced a staggering 72 million pages of documents and included depositions of more than 300 witnesses. The trial also is designed to determine whether Transocean can limit what it pays those making claims under maritime law.
Trial postponed again
As a result of the settlement that will be filed with the court for approval, the trial that was scheduled to begin Monday has been postponed for a second time. No new date was immediately set.
A series of government investigations have spread blame for the disaster.
In January 2011, a presidential commission found that the spill was caused by time-saving and money-saving decisions by BP, Halliburton and Transocean that created unacceptable risk. But the panel also concluded that the mistakes were the result of systemic problems, not necessarily the fault of any one individual.
In September 2011, however, a team of Coast Guard officials and federal regulators issued a report that concluded BP bears ultimate responsibility for the spill. The report found BP violated federal regulations, ignored crucial warnings and made bad decisions during the cementing of the well more than a kilometre beneath the Gulf of Mexico.
BP has repeatedly said it accepts some responsibility for the spill and will pay what it owes, while urging other companies to pay their share.
BP established a $20 billion claims fund to resolve many claims out of court. As of Jan. 17, the Gulf Coast Claims Facility has paid out nearly $6 billion from the fund to more than 569,000 individuals and businesses.
BP waived a $75 million cap on its liability for certain economic damage claims under the 1990 Oil Pollution Act, though it denied any gross negligence.
Share Tools
Top News Headlines
- Unknown remains found on Dellen Millard's farm
- Police searching the farm of Dellen Millard, the 27-year-old charged with first-degree murder after the remains of Ancaster, Ont., man Tim Bosma were discovered, have found other remains on the property, but it's unclear if they are human or animal. more »
- Canadian on EI shut out amid foreign worker influx
- A jobless Canadian IT professional who is collecting employment insurance is upset because he now suspects several recent jobs he applied for went to temporary foreign workers. more »
- Can the Senate fire a senator?
- An expert on parliamentary rules says the Senate has the power to turf a senator from the chamber, as long as a majority approves the expulsion, and as long as there is cause. more »
- Nahlah Ayed: Vote-wary Iranians mull Ahmadinejad's successor
- Iranians go to the polls in less than four weeks to choose a new president. The reform movement is still smarting from its bitter defeat four years ago, but the jockeying for power is no less intense, Nahlah Ayed reports. more »
- Edmonton boy, 2, killed after car hits patio
- A two-year-old boy is dead after a car smashed into a patio at a south Edmonton restaurant Sunday night. more »
Must Watch
Latest World News Headlines
- Yahoo buys Tumblr blogging site for $1.1B
- Yahoo is buying online blogging forum Tumblr for $1.1 billion as CEO Marissa Mayer tries to rejuvenate an internet icon that had fallen behind the times. more »
- South Korea says North Korea fired 6th projectile into waters
- North Korea fired short-range projectiles into its own eastern waters today for a third straight day, Seoul officials said. The North said it was bolstering deterrence against enemy attack. more »
- Iraq wave of attacks kills dozens in Shia, Sunni areas
- A wave of attacks killed at least 86 people in Shia and Sunni areas of Iraq today, officials said, pushing the death toll over the past week to more than 200 and extending one of the most sustained bouts of sectarian violence the country has seen in years. more »
- Tornadoes tear through 3 states, killing two
- Tornadoes touch down in three states in the U.S., killing two men and injuring at least 21. more »
The National
The Current
- Why thousands of people want a one-way trip to Mars May. 20, 2013 11:17 AM Nearly 80,000 people are eager to blast off on a one-way colonizing mission to Mars - but some experts believe no one is likely to get off the ground.
- Unknown remains found on Dellen Millard's farm
- Canadian on EI shut out amid foreign worker influx
- Central Newfoundland digs out from freak snowfall
- Petition looks to rename Victoria Day
- Vancouver man attacked, killed in Costa Rica
- Missing Toronto woman's parents unfazed by Millard link
- Jeep driver apologizes after stunt kills Edmonton woman
- Rob Ford should resign if allegations true, councillors say
- Harper chief of staff resigns amid Senate expense scandal

