Court reaffirms BP is liable in Gulf oil spill
Headline Legal News
A federal appeals court panel has reaffirmed its ruling that BP is liable for federal Clean Water Act damages stemming from the 2010 Gulf of Mexico oil spill, the latest loss for the oil giant as it fights court decisions that could ultimately bring $18 billion in penalties.
The three-judge panel of the 5th U.S. Circuit Court of Appeals rejected arguments that there were errors in its June 4 ruling on BP's Clean Water Act liability. The ruling released Wednesday night is not the final say from the court. BP and its minority partner in the Macondo well, Anadarko Petroleum Corp., have a request pending for the full 15-member court to reconsider the issue.
The June order and Wednesday's follow-up were issued by Judges Fortunato Benavides, Carolyn Dineen King and James Dennis. They upheld U.S. District Judge Carl Barbier's ruling holding the well owners are liable.
BP and Anadarko had argued they were not liable because equipment failure on the leased rig Deepwater Horizon caused the April 2010 disaster. An explosion on the rig killed 11 workers and sent millions of gallons of oil spewing into the Gulf in what became the nation's worst offshore oil disaster.
Barbier has also ruled that BP was "grossly negligent" in the disaster. BP has asked Barbier to reconsider that finding, which, if it stands, would be a factor in whether the water act penalties for the company reach an estimated $18 billion.
Under the Clean Water Act, a polluter can be forced to pay from $1,100 to $4,300 per barrel of spilled oil. The higher limit applies if the company is found grossly negligent — as BP was in Barbier's ruling. But penalties can be assessed at lower amounts.
Government experts estimated that 4.2 million barrels spilled into the Gulf. BP has urged Barbier to use an estimate of 2.45 million barrels in calculating any Clean Water Act penalties.
Barbier has scheduled a trial in January to help decide how much BP owes in federal Clean Water Act penalties.
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Does a car or truck accident count as a work injury?
If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.
Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.
If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases.
If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.
Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.