The Times headline writer makes a mistake here. They key is the finding of recklessness, not simple negligence. The Oil Pollution Act has a $75 million cap unless recklessness or violation of federal safety regulations is shown. BP waived the cap but did not admit recklessness. Now that the finding has been made it will have major implications for the penalty phase.
In the class action settlement agreement punitive damage claims are waived.
- gwc
BP Negligent in 2010 Oil Spill, U.S. Judge Rules - NYTimes.com: ""
by Clifford Krauss and Campbell Robertson
A federal judge ruled on Thursday that BP was grossly negligent in the 2010 Gulf of Mexico oil well blowout that killed 11 workers, spilled millions of barrels of oil into the Gulf of Mexico and soiled hundreds of miles of beaches.
“BP’s conduct was reckless,” United States District Court Judge Carl J. Barbier wrote in his sternly worded decision. Judge Barbier also ruled that Transocean, the owner of the rig, and Halliburton, the service company that cemented the well, were negligent in the accident.
But the judge put most of the blame on BP, opening the way to fines of up to $18 billion under the Clean Water Act.
In a 153-page, densely technical decision, Judge Barbier described how BP repeatedly ignored mounting warning signs that the well was unstable, making decisions that he says were “primarily driven by a desire to save time and money, rather than ensuring that the well was secure.”'via Blog this'
In the class action settlement agreement punitive damage claims are waived.
- gwc
BP Negligent in 2010 Oil Spill, U.S. Judge Rules - NYTimes.com: ""
by Clifford Krauss and Campbell Robertson
A federal judge ruled on Thursday that BP was grossly negligent in the 2010 Gulf of Mexico oil well blowout that killed 11 workers, spilled millions of barrels of oil into the Gulf of Mexico and soiled hundreds of miles of beaches.
“BP’s conduct was reckless,” United States District Court Judge Carl J. Barbier wrote in his sternly worded decision. Judge Barbier also ruled that Transocean, the owner of the rig, and Halliburton, the service company that cemented the well, were negligent in the accident.
But the judge put most of the blame on BP, opening the way to fines of up to $18 billion under the Clean Water Act.
In a 153-page, densely technical decision, Judge Barbier described how BP repeatedly ignored mounting warning signs that the well was unstable, making decisions that he says were “primarily driven by a desire to save time and money, rather than ensuring that the well was secure.”'via Blog this'
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