

A key point of contention in the potential BP settlement includes to what degree the oil company was negligent, which directly impacts the scale of damages. States in the Gulf Coast are also concerned about which laws the government will use to determine the penalties against BP, which could affect where the money from the settlement goes and how it is ultimately spent. According to the Clean Water Act, BP could be held liable for between $5.4 billion and $21 billion in civil penalties, depending on whether or not the oil company is found to have been grossly negligent in the disaster. A high settlement in that range could imply some negligence on the part of BP, and could encourage Gulf Coast plaintiffs with pending lawsuits to seek higher awards for damages.
The Justice Department also has a say in the settlement, and will decide whether to levy fines against BP through a provision of the Oil Pollution Act called the Natural Resource Damage Assessment. Some Gulf Coast states are against heavy use of the Oil Pollution Act however. While damages awarded under the Clean Water Act can be used to cover economic losses, those imposed under the Oil Pollution Act must be used for environmental remediation, and the majority of these damages would likely go to Louisiana. If you have a business in Texas, Florida, Mississippi, Alabama or Louisiana, and you have suffered considerable economic loss because of the Deepwater Horizon explosion and BP oil spill, consult our knowledgeable BP oil spill lawyers at Bandas Law Firm as soon as possible. Our law firm is located in Corpus Christi, and our qualified BP oil spill attorneys are offering free consultations to affected businesses throughout the Gulf Coast.
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