Posts Tagged ‘BP’
Fines vs. Penalties
So, today’s the day.
The big civil trial in New Orleans: BP vs. the world with all the lawyers, guns and money…all that kinda shit.
Course, both the government and British Petroleum been working hard, meeting and organizing and negotiating to try to find a settlement, a way out of this whole trial mess, come up with the exact amount of money BP will have to pay…a figure low enough that BP will finally just write a check but also high enough so the Feds can claim justice has been served.
Word is that amount is right around $16 billion dollars to cover the Clean Water Act fines and environmental penalties related to the spill.
Fines vs. penalties…
There’s a big difference between fines and penalties, such as the following: British Petroleum has to pay the fines assessed, but the environmental penalties? Well, those are tax deductible which essentially means they are paid by the taxpayers. Yes, as those negotiations commence, and will more than likely continue even as the trial begins, BP is pushing to have lower fines and higher environmental damage penalties. And if this were to be the case, this would mean BP essentially puts the money out there to pay the penalty, but then reduces their taxes by that same amount so BP again breaks even, leaving the people, the taxpayers to pick up the slack in the economy.
Well now, isn’t that just like an oil company?
Have a nice day.
The Deal: what BP/Feds know that you don’t…
“No one can bring those fathers, husbands and sons back, but I am here to express our apologies…We — and by that I mean the men and the women of the management of BP, its Board of Directors, and its many employees — are deeply sorry for the tragic loss of the 11 men who died and the others who were injured that day…our guilty plea makes clear, BP understands and acknowledges its role in that tragedy, and we apologize — BP apologizes — to all those injured and especially to the families of the lost loved ones. BP is also sorry for the harm to the environment that resulted from the spill, and we apologize to the individuals and communities who were injured.”
- Albert Keller, VP of BP America
These were the words, read in the court of US District Judge Sarah Vance, just before she accepted the agreement negotiated between the Feds and British Petroleum requiring the company to pay $4 billion dollars in fines to settle criminal charges from the explosion of the Deepwater Horizon.
$4 billion dollars is a lot of money…but is it enough?
Well, I suppose that would depend on who you are and what you know.
And what does BP know?
They know they will be paying $1 billion dollars a year for four years to settle this fine, just as they know they made $25 billion in profit last year. They know they’ve long since resumed paying dividends to stockholders. They know they continue to drill for oil in United States waters. They know their continued advertisements celebrating their version of renewed health in the Gulf reach far more people than the scientific studies indicating otherwise. They know how much money they will have to pay out, and how to plan for it, even with the coming clean water act fines and they know that when all is said and done, they’re going to be okay. They will be making money to replace the money they’ve had to pay, and then the following year, they will make more, then more…and on it goes, with none of the CEO’s seeing any jail time. Ultimately, BP knows they’ve weathered this storm.
Okay, and what do the people of the Gulf Coast not know?
The families of the dead do not know when their personal grieving will stop. They don’t know when life, if life can get back to normal. They don’t know if the marshes will completely recover. They don’t know how badly the environment’s been damaged, what the long term effects of all this will be. They don’t know what it means ultimately that the smallest organisms have been decimated by this spill, the organisms small fish feed on, which are in turn fed upon by birds and they don’t know where on this food chain the damage stops, or if it does. They don’t know what the long term health implications of oil and corexit exposure will mean to their families. They don’t know how many marriages have failed, how many businesses have been lost, how many people have died as a result of this spill. Ultimately, they don’t know if this storm will ever stop.
And finally, despite the statement by the VP of BP America, the people of the Gulf Coast don’t know how, or if this tragedy has personally affected the CEO’s and the board members of British Petroleum. They don’t know this because their apology has come in the form of television commercial, press releases and court statements. BP’s never had to look directly into the eyes of eleven families who lost their loved ones.
So, is $4 billion dollars enough?
I don’t know, what happened to British Petroleum stock when this deal was announced?
Have a nice day.
Not their fault, again…
How many years later?
Want to know how much oil remains in the Gulf, buried off the coast in Louisiana, how much that oil might still tarnish the sea life, how much oil, still remaining from the Deepwater Horizon could potentially come ashore as a result of the next hurricane?
Tough.
Ed Overton, speaking at the three day “Gulf of Mexico Oil Spill and Ecosystem Science Conference” said, “NRDA has collected those samples but you can’t get folks to talk about it.”
Odd.
Would seem this would be good information for the public to have. It would seem that British Petroleum, with all their commitments to, and commercials for, the people of the Gulf Coast and this nation could call for this information to be released, quickly, to the public who could be so impacted and therefore would benefit from having that information, you know, because BP ain’t leaving until they’ve fixed each and every one of you.
Okay, so then what’s the problem?
Well, according to Ed Overton it’s simply because the National Resource Damage Assessment is meant to help determine how much British Petroleum will have to pay. And British Petroleum is trying to pay as little as possible and that would only make sense. They are a corporation after all and what corporation wants to just give anybody free money, especially when that corporation has a long history of fucking up environments and having accidents that kill people, meaning they’re used to these court cases and they know how it all works and yes, that’s what it all comes down to…courts.
Courts and money and the paying of as little of it as they possibly can. Still, so want to know how much oil still exists in the sediment in the Gulf?
Fine, stop trying to get money with your penalties and your suits from the oil company whose disaster put it there. Then, maybe the government won’t feel the need to protect that information in anticipation of going to court with British Petroleum who will try to contest each and every piece of that information.
Really people, BP’s just trying to be ready for their next appearance in court.
BP’s just trying to protect their own interests.
Not yours.
Again.
Have a nice day.
The documents are confidential because everything is fine…or not.

This was a horrible tragedy, or it wasn't, which spawned terrible human and environmental consequences...maybe.
The word is out.
The National Marine Fisheries Service have prepared a number of documents, data about Gulf fisheries and fishers to help the legal types better determine the status of fishing in the Gulf both before and after the spill. Involved lawyers will now be able to read over these documents and answer, for themselves perhaps, a number of questions: the fisheries are okay, or they’re not. The seafood is safe to eat, or it’s not. The water is clear of oil, of toxins, of dispersant residue, or it’s not…or worse yet, maybe the fisheries haven’t been okay for a long time and now they’re just a hell of a lot worse…
Or they’re not.
Good information to have, answers to questions many of us have been waiting for – so the data from the report, it indicates what?
I don’t know.
Nope.
But what I do know is US Magistrate Judge Sally Shushan has determined this information is not for you, the public to know, not right now, maybe not ever…why? Because you are not a member of the Plaintiff Steering Committee, BP’s legal team or the Justice Department. So even though your tax dollars paid for the study…and even though that study could be a pretty good indicator of the Gulf’s health, and the health of the fish from the Gulf you’re presently eating…
You are on a need to know…
And just like way too much else in this catastraphuk, from the spill’s flow rates to the amount of dead wildlife to a real understanding of Corexit dispersant – it’s health effects and the amount that was used: you don’t need to know…
Really.
And your happiness may just depend on it.
Read the article:
Oil spill documents must stay confidential, judge rules
Have a nice day.
Everybody to blame, but me…

How could they make it any more clear, I mean...who the hell is this O'Rourke guy? I wouldn't hire him either...
So, in determining guilt and any possible fines under the Clean Water Act, welcome to another day in court, another episode of the 3 Stooges, starring BP, Transocean and Anadarko…Please, follow along and keep in mind that of course, no one is to blame except for everybody else.
Duh…
First, allow me to introduce Department of Justice Senior Attorney Steven O’Rourke who explained how simple this all should be under the Clean Water Act – “Any person who is the owner, operator, or person in charge of any vessel … or offshore facility from which oil is discharged” will face Clean Water Act fines.
Okay, so British Petroleum is part owner of the lease to the well, and operator of the Deepwater Horizon, Anadarko is also part owner of the lease while Transocean owns the rig.
And, O’Rourke continued, “Each defendant admits that the oil came out of the well through the blowout preventer riser and was discharged into the Gulf of Mexico. They’ve admitted they were owners and they’ve admitted the discharge from the well.”
Well, that was easy enough…all three, guilty as fuck – so moving on to the amount of the fines…
Uh…what? Not that easy? Who says its not that easy?
Oh right…
The lawyers…
David Salmons, lawyer for Anadarko said no way, man…Anadarko can’t be held liable because they are part owner of the well and the oil, it discharged from the Deepwater Horizon and since they had no control over operations onthe rig, and since the oil can’t come from both the vessel and the well, it obviously came only from the vessel.
Not guilty!
Andrew Langan, lawyer for British Petroleum said no way, man…the oil couldn’t have come from both the well and the vessel, we agree with Anadarko about that and the oil, it definitely came from the vessel and Transocean owns all that shit.
Not guilty!
Kerry Miller, lawyer for Transocean said no way, man…they are only liable for the oil that made it to the surface and all that subsea oil, you know, almost all of the oil unleashed into the Gulf…it all belonged to both British Petroleum and Anadarko who leased the well, so send them the bill, not us.
Not guilty!
And there you have it…4.9 million gallons of oil discharged into the Gulf of Mexico and the only person anyone can say for sure did it, was anyone else but me.
But wait, Mr. O”Rourke then decided to try again, do his best to summarize it for the Judge: “Transocean is saying it came from the well so BP and Anadarko are liable; Anadarko and BP are saying it came from the vessel so Transocean is liable. The government says all of them are correct. They’re all liable.”
Sigh…
I know!
It’s like he didn’t hear a single thing the other lawyers said at all…
No wonder he works for the government, obviously way too dim to work for any of these plaintiffs.
Read the article:
Gulf Oil Spill Could Bring Up to $20B in Fines
Have a nice day.
New Years Day…
Back…at…it…
“Willing To Fight”
The windows of my soul are made of one way glass
don’t bother looking into my eyes
if there’s something you want to know, just ask
I got a dead bolt stroll, where I’m going is clear
I won’t wait for you to wonder, I’ll just tell you why I’m here
’cause I know the biggest crime is just to throw up your hands
say this has nothing to do with me, I just want to live as comfortably as I can
you got to look outside your eyes, you got to think outside your brain
you got to walk outside your life to where the neighborhood changes
tell me who is your boogieman, that’s who I will be
you don’t have to like me for who I am
but we’ll see what you’re made of by what you make of me
I think that it’s absurd that you think I am the derelict daughter
I fight fire with words…words are hotter than flames, words are wetter than water
I got friends all over this country
I got friends in other countries too
I got friends I haven’t met yet
I got friends I never knew
I got lovers whose eyes
I’ve only seen at a glance
I got strangers for great grandchildren
I got strangers for ancestors
I was a long time coming, I’ll be a long time gone
you’ve got your whole life to do something, and that’s not very long
so why don’t you give me a call when you’re willing to fight
for what you think is real, for what you think is right
Hear hear…
See you tomorrow…
Have a nice day















