The Deepwater Horizon Gulf Oil Spill
NOAA - Fisheries
NOAA Fisheries Northeast regional office
The Blowout Preventer- video by Transocean
Supreme Court of the United States
SCOTUSBlog BP Exploration v. Lake Eugenie
U.S. Court of Appeals for the Fifth Circuit
In re Deepwater Horizon - May 22, 2017 - rejecting in part certain settlement methods
In re Deepwater Horizon - 5th Circuit - rejecting BP challenge to class action approval on damages - March 3, 2014
In Re Deepwater Horizon Opinion of January 10, 2014 affirming (2-1) order of Judge Barbier approving economic and property damage -class action settlement
MDL: Eastern District of Louisiana: 2:10-md-02179-CJB-SS
Hon. Carl Barbier, D.J.
Orders, minutes & entries - Eastern District web site
Natural Reources Damages Consent Decree - by the United States, and the States of Louisiana, Texas, Alabama, Missssippi, Florida April 4, 2016 Penalty Phase
Phase 1 trial - findings of fact and conclusions of law
Factors: 33 U.S.C. 1321(b) (8) Pre-trial Statement of U.S. on "most appropriate penalty"
Reply memo by BP and Anadarko 12/19/2014
What is a discharge? - District, panel, and en banc Circuit rulings
Phase Two Findings of Fact and Conclusions of Law, January 15, 2015
Deepwater Horizon Settlement
Slideshow - introduction to Deepwater Horizon settlements
NOAA - Fisheries
NOAA Fisheries Northeast regional office
The Blowout Preventer- video by Transocean
Supreme Court of the United States
SCOTUSBlog BP Exploration v. Lake Eugenie
U.S. Court of Appeals for the Fifth Circuit
In re Deepwater Horizon - May 22, 2017 - rejecting in part certain settlement methods
In re Deepwater Horizon - 5th Circuit - rejecting BP challenge to class action approval on damages - March 3, 2014
In Re Deepwater Horizon Opinion of January 10, 2014 affirming (2-1) order of Judge Barbier approving economic and property damage -class action settlement
In Re Deepwater Horizon - Opinion and partial remand order on calculation of losses, interpreting Business Economic Loss Framework, Exhibit 4C (10/2/2013)
Exhibit 4B - Causation requirements for businessesMDL: Eastern District of Louisiana: 2:10-md-02179-CJB-SS
Hon. Carl Barbier, D.J.
Orders, minutes & entries - Eastern District web site
Natural Reources Damages Consent Decree - by the United States, and the States of Louisiana, Texas, Alabama, Missssippi, Florida April 4, 2016 Penalty Phase
Phase 1 trial - findings of fact and conclusions of law
Factors: 33 U.S.C. 1321(b) (8) Pre-trial Statement of U.S. on "most appropriate penalty"
Reply memo by BP and Anadarko 12/19/2014
What is a discharge? - District, panel, and en banc Circuit rulings
Phase Two Findings of Fact and Conclusions of Law, January 15, 2015
Deepwater Horizon Settlement
Slideshow - introduction to Deepwater Horizon settlements
Deepwater Horizon Economic Settlement- official website
Approval per FRCvP 23: Order and Reasons and Order and Judgment
*Post-remand order - proving causation of damages 12/24/13
Jurist post on Christmas Eve post-remand order of Judge Barbier, fundamentally rejecting BP's challenges.
BP Motion to Remove Juneau as Administrator - September 2014
Order of November 11, 2014 denying motion to remove Juneau
Order of November 11, 2014 denying motion to remove Juneau
Medical Benefits Settlement
Read: Order and Reasons and Order and Judgment
Metro North v. Buckley, 521 U.S. 424 (1997)
Court docs (Deepwater Horizon page)
REPORT of former FBI Director Louis Freeh
Liability: Order setting trial plan for limitation and liability (Amended PTO 41, CMO 3) 9/21/11 Doc. 4083
Causes of action pared: August 26, 2011 ruling on motions to dismiss B1 Master Complaint
Statutes
Oil Pollution Act of 1990 - (OPA) key provisions
EPA - Oil Pollution Act overview
Oil Pollution Act 33 USC 2701 - 2762 index page
Oil Pollution Act 1990 complete text
Elements of Liability 33 USC 2702
Defenses 33 USC 2703
Limits on Liability 33 USC 2704
Oil and Hazardous substance liability 33 USC 1321
Oil Spill Liability Trust Fund homepage;
OSLTF Reports to Congress
Clean Water Act complete text Limitation of Shipowners Liability Act (1851)
BP waiver of limitation of liability
46 U.S.C. Chapter 305 Exoneration and Limitation of Liability
Federal Water Pollution Control Act complete text
Civil Penalty Policy Clean Water Act (CWA)
OPA established new judicial sanctions. A person who violates Section 311(b)(3) of the Act is subject to a civil penalty of up to $25,000/day of violation, or up to $1,000 per barrel of oil or per unit of reportable quantity of CWA-listed hazardous substance discharged. In instances of gross negligence or willful misconduct, these penalties increase to a $100,000 minimum/day and a maximum of $3,000 per barrel or unit of reportable quantity discharged.
46 U.S.C. Chapter 305 Exoneration and Limitation of Liability
Federal Water Pollution Control Act complete text
Civil Penalty Policy Clean Water Act (CWA)
OPA established new judicial sanctions. A person who violates Section 311(b)(3) of the Act is subject to a civil penalty of up to $25,000/day of violation, or up to $1,000 per barrel of oil or per unit of reportable quantity of CWA-listed hazardous substance discharged. In instances of gross negligence or willful misconduct, these penalties increase to a $100,000 minimum/day and a maximum of $3,000 per barrel or unit of reportable quantity discharged.
RESTORE ACT Penalties - allocation
Findings of Fact and Conclusions of Law - September 4, 2014
Proof of Loss
Deepwater Horizon Claims Center - homepage
Gulf Coast Claims Facility homepage
GCCF Overall Status Report - by Administrator Kenneth Feinberg
BDO - Independent Evaluation - Report to U.S. Department of Justice re GCCF June 5, 2012
Scope of Liability
*Oil Pollution Act of 1990 - (OPA) key provisions
* Liability under the OPA - Judge Carl Barbier, In re Deepwater Horizon, 808 F.Supp.2d 943, 966 (August 26, 2011)
"The Court notes that OPA does not expressly require “proximate cause,” but rather only that the loss is “due to” or “resulting from” the oil spill. While the Court need not define the precise contours of OPA causation at this time, it is worth noting that during oral argument both counsel for BP and the PSC conceded that OPA causation may lie somewhere between traditional “proximate cause” and simple “but for” causation."Prof. John Goldberg Memo to BP claims administrator Kenneth Feinberg re extent of BP's civil liability for damages
Exchange between David Robertson and John Goldberg Mississippi College of Law (recommended)
GCCF - draft Final Rule - proposed methodology - November 22, 2010
emailed comments on proposed methodology
Public comment by BP
GCCF - Summary of Options for submission of final and interim claims February 8, 2011
GCCF - Payment Options, Eligibility and Substantiation Criteria, and Final Payment Methodology February 18, 2011
Vessels of opportunity - BP FAQ
Supplemental Comments by BP, July 7, 2011
GCCF - Modification to Final Claims Methodology August 16, 2011
Oxford Economics: Potential Impact of Oil Spill (prepared for U.S. Travel Ass'n)
GCCF - Second Modification to Final Claims Methodology - November 30, 2011
GCCF Document requirements
Sample general release
Feinberg Adjusts Payment Methodology to Fishermen Due to Uncertainty : Louisiana Seafood News December 27, 2011
Penalties
Order imposing civil penalties on BP &Anadarko 2/22/2012
Regulating the process - Judicial supervision or administrative regulation?
BDO - Independent Evaluation of Gulf Coast Claims Facility (summary)
An administrative or regulatory remedy?
George W. Conk - Diving into the Wreck - BP and Kenneth Feinberg's Gulf Coast Gambit - 17 Roger Williams University Law Review 137 (2012) ABSTRACT
Judicial supervision?
Edward F. Sherman - The BP Oil Spill Litigation and evolving supervision of Multi-District Litigation Judges
Multi-District Litigation 28 U.S.C. 1407
"(a) When civil actions involving one or more common questions of fact are pending in different districts, such actions may be transferred to any district for coordinated or consolidated pretrial proceedings. Such transfers shall be made by the judicial panel on multidistrict litigation authorized by this section upon its determination that transfers for such proceedings will be for the convenience of parties and witnesses and will promote the just and efficient conduct of such actions."
Plaintiffs' motion to supervise GCCF/MDL
Order of MDL Judge Carl Barbier declaring Feinberg an agent of BP, etc.
Supplemental motion to supervise - by plaintiffs
The BP Catastrophe - Hobbled Law and Hollow Regulation Leave Americans Unprotected (Flournoy, et al., CPR - 2011)
Counsel fees
See preliminary approval orders
PRETRIAL ORDER NO. 59 July 15, 2015
(Appointment of Common Benefit Fee and Cost Committee and
Guidelines for Common Benefit Attorneys’ Fees and Costs Reimbursement)
[“Initial Fee Order”]
See preliminary approval orders
PRETRIAL ORDER NO. 59 July 15, 2015
(Appointment of Common Benefit Fee and Cost Committee and
Guidelines for Common Benefit Attorneys’ Fees and Costs Reimbursement)
[“Initial Fee Order”]
from the GCCF website:
- The Court's Order Amending the Court's previous Order of December 28, 2011 dated January 4, 2012
- GCCF's January 3, 2012 Response to the Court Regarding the Order and Reasons dated December 28, 2011
[The 6% hold-back does not apply to claimants who never filed an MDL suit or claim in limitation or state court plaintiffs whose counsel has not had access to the MDL discovery process.]
Plaintiffs Steering Committee: PSC Status Report and Memorandum in Support of Motion to Establish a Reserve Fund
The BP Feinberg Agreement and documents regarding the "independent fund" isue
Services to be rendered to BP by Feinberg Rozen
Declaration that Feinberg Rozen is independent contractor
Stephen Gillers, Opinion letter - Feinberg/BP do not have attorney-client relationship
Declaration of Geoffrey C. Hazard, Jr. re BP/Feinberg relationship
CJ&D letter December 2010 to BP calling for transparency re BP/Feinberg relationship
Compensation agreed between BP and Feinberg Rozen
Full text: Feinberg/BP Agreement
Mukasey to Feinberg, supplemental memorandum re reasonable fees, March 22, 1011
Prof. William Rubenstein: On What a “Common Benefit Fee” Is, Is Not, and Should Be (Download)
3 Class Action Attorney Fee Digest 87 (March 2009)
Phase 2 - N.Y. Times editorial, March 13, 2011
BP Oil Spill Database - Environmental Law Institute
Settlement
discussion slides - part 1
discussion slides - introduction to BP Settlement
ALI Restatement - Economic Loss - draft black letter rules 1 -13
Issacharoff and Rave, The BP Oil Spill Settlement and the Paradox of Public Litigation, 74 La. L. Rev. 397 (2014) full text at SSRN
settlement outline and links to key documents
Order of Preliminary approval of settlement classes
* In re Deepwater Horizon - 5th Circuit - rejecting BP challenge to class action approval on damages - March 3, 2014
* In Re Deepwater Horizon Opinion of January 10, 2014, 739 F.3d 790 (5 Cir)
Affirming (2-1) order of Judge Barbier approving economic and property damage -class action settlement
In Re Deepwater Horizon 732 F 3d 526 (5 Cir.) - Opinion and partial remand order on calculation of losses, interpreting Business Economic Loss (10/2/2013)
*Exhibit 4C Business Economic Losses
Not a global settlement, but... George W. Conk (commentary)
Businesses by the Beach - lawyers' promotional website
NON-Tort Remedies
S. 1400 - The RESTORE Act
Environmental Law Institute Restore Act page
National Pollution Funds Center - Oil Spill Claims
Criminal plea agreement between BP and U.S. Department of Justice - ELI fact sheet
Background
Environmental Law Institute Gulf Restoration resources
Doing the numbers for shrimpers: 2011
Gulf of Mexico Oil Spill Project: University of Mississippi
Commentary
The BP Catastrophe: When Hobbled Law and Hollowed Regulation Leave Americans Unprotected - Center for Progressive Reform (1/11)
Ronen Perry article: The Deepwater Horizon Oil Spill and the Limits of Civil Liability
Motley Rice - plaintiffs' attorneys BP spill pageCrude Justice | Alliance for Justice (video)
Vanderbilt Law Review： Rigs,Risk & Responsibility
Mississippi College Law Review: Beyond the Horizon: The Gulf Oil Spill Crisis (video)
David W. Robertson, THE OIL POLLUTION ACT'S PROVISIONS ON DAMAGES FOR ECONOMIC LOSS, 30 Miss. C.L. Rev. 157 (2011)
OPA AND ECONOMIC LOSS: A REPLY TO PROFESSOR ROBERTSON, John C.P. Goldberg, 30 Miss. C. L.Rev. 203 (1911)
David W. Robertson, OPA AND ECONOMIC LOSS: A RESPONSE TO PROFESSOR GOLDBERG, 30 Miss. C.L. Rev. 217 (2011)
Fact-finding
Report - National Academy of Sciences
Macondo Well-Deepwater Horizon Blowout: Lessons for Offshore Drilling Safety
Final Report - U.S. Department of Interior - Bureau of Ocean Energy Management
Report - National Academy of Sciences
Macondo Well-Deepwater Horizon Blowout: Lessons for Offshore Drilling Safety
Final Report - U.S. Department of Interior - Bureau of Ocean Energy Management
Final Report of National Commission on the BP Deepwater Horizon Oil Spill
GULF COAST
CLAIMS
FACILITYPROTOCOL
FOR
INTERIM
AND
FINAL CLAIMS
National Commission on the BP Deepwater Horizon Oil Spill
BP's Internal Investigation Report
Claims
In Re: Oil Spill by the Oil Rig "Deepater Horizon" in the Gulf of Mexico, on April 20, 2010
MDL No. 2179
Transfer order
Gulf Coast Claims FacilityOil Pollution Liability Act of 1990 full text
MDL - current developments (U.S. District Ct., E.D. Louisiana)
MDL- Appointment of plaintiffs steering committee
Amended complaint - Avocato v. BP - Eastern district - Louisiana (Pacer charges apply)
Video interview with Prof. Richard Nagareda re Claims Facility
Final settlement phase begins - NYTimes November 24, 2010
TERMS OF THE PAYOUT - DOCUMENTS
U.S. DOJ complaint vs. BP, et al.
BP Vessels of Opportunity Program
