BATON ROUGE -- Louisiana Attorney General Buddy Caldwell, alleging that BP has not cooperated with state agencies investigating the ongoing Gulf oil spill, has asked a state court to order the British oil giant and several of its subsidiaries to produce the requested information.
The 17-page pleading filed in East Baton Rouge Parish District Court is not a lawsuit seeking damages, but is a key preliminary maneuver in advance of what Caldwell called an "imminent" suit on taxpayers' behalf. The state cannot move forward, Caldwell said, without gaining access to BP personnel and records "to gather information as part of the state's investigation as to the causes of the spill and the impacts to the state."
The state can try to recoup its response and recovery costs and compensation for damages to natural resources and the loss of tax revenues from economic effects. Gov. Bobby Jindal already has asked BP, independent of litigation, for a $300 million response fund and $475 million for a seafood safety program. BP has so far given the state a $25 million grant, $5 million of which went to Caldwell's office for spill-related expenses.
After the 1989 Exxon Valdez spill in Prince William Sound, the state of Alaska and the federal government reached a joint settlement for more than $1 billion. That suit hinged partly on the findings of scientists and experts whose work was paid for with funds from Exxon. The Gulf spill that has flowed since the Deepwater Horizon rig exploded April 20 now far exceeds the 11 million gallons lost from the Valdez.
Though Caldwell's filing does not seek monetary damages, the document lays out facts and allegations about the spill, BP's failed attempts to cap the leaking well and initial damage observations that will form the core of any litigation.
"It is undisputed that Louisiana marshes, wetlands, shores, ecology, economy, tourism, waters and wildlife have been and will continue to be profoundly impacted by the Gulf oil spill," the filing states. "The state therefore seeks any and all information which is in defendant's possession regarding the circumstances surrounding the explosion, fire and consequences of the oil spill."
That includes, the state says, all information about the spill's "volume and rate of flow," the "composition of the mud used in the drilling and top kill operations," water and air quality data, and assessments of oiled and injured wildlife. As for toxic dispersants, the state seeks BP's records about "the use and effects ... and any and all information considered in evaluating and choosing said dispersants."
The state also accuses BP of not sharing enough information about its claims process, thus frustrating the Louisiana Workforce Commission's ability to manage its employment programs for affected residents.
The request comes as Caldwell seeks to bolster his legal team via legislative appropriations and the power to hire outside counsel on contingency. Direct appropriations are complicated by the state's tight budget, while the contingency bill has inflamed the traditional battle between the business lobby and the plaintiffs bar.
Caldwell has said that Alaska taxpayers had to spend about $1 million a week for three years in its litigation against Exxon. Jindal in previous years opposed giving Caldwell contingency contract authority, though he has hedged on that since the spill.
The attorney general's office has not released any contracts it has signed with outside counsel since the Gulf spill.
Besides Caldwell, the filing is signed by attorneys from Kanner & Whiteley of New Orleans; Marten Law of Seattle; Henry Dart Attorneys at Law of Covington; Usry, Weeks & Matthews of New Orleans; and E. Wade Show of Baton Rouge.
This article was written by Bill Barrow of The Times Picayune
http://www.nola.com/news/t-p/capital/index.ssf?/base/news-8/127571958257030.xml&coll=1
If you or someone you love is dealing with the effects of the BP oil spill in the Gulf of Mexico, contact us at Murphy Law Firm to learn more about your rights to compensation. Schedule a free initial consultation with an attorney by calling us at 225-928-8800 or toll free at 800-734-6545. We work on a contingency basis, which means we do not receive any attorney fees unless we recover damages for you.
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