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Old 06-17-2010, 01:32 PM
 
Location: San Jose
1,862 posts, read 2,386,717 times
Reputation: 541

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Quote:
Originally Posted by pghquest View Post
The error with your question is that BP CANT be found liable... The law limits their damages to $75M.. which they have already exceeded in paying out..
I don't think it's as easy as you make it out to be...

From Is BP protected by the $75 million dollar liability cap set by the OPA? :

There was a recent article written by Roger Parloff of Forbes that offers a lot of information about if BP is protected by the $75 million dollar cap on damages that was created by the Oil Pollution Act of 1990, also known as OPA. The OPA was passed in 1990 and it states that the company responsible for the accident is limited to $75 million in economic lawsuit damages with several very large exceptions. One of those exceptions is if the company or any of its contractors acted with gross negligence or violated any federal or state safety law or regulation, the Company can not use the OPA limit. This means that if the BP, Transocean, Halliburton or Cameron violated a safety regulation, the OPA limit will not apply. Additionally, the OPA does not apply to any of BP’s federal or state cleanup costs. BP claims that they have already spent $990 million in cleanup costs as of early June.

The article itself:
BP's Gulf Coast oil spill -- a legal primer - Jun. 4, 2010
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Old 06-17-2010, 01:32 PM
 
Location: Long Island (chief in S Farmingdale)
22,190 posts, read 19,470,309 times
Reputation: 5305
Quote:
Originally Posted by pghquest View Post
The government is under long term contracts to provide access to BP to oil wells.. You couldnt stop buying their oil if you wanted to..
If they said no these contracts would have been gone over with a fine tooth comb to find even the slightest thing to tear up these contracts

Quote:
Originally Posted by pghquest View Post
So did they, or did they not have a choice? Your all over the board on this...
Again, if they DIDNT have a choice, then I ask you why didnt they? Under what LEGAL authority did they NOT have a choice.. and if they did have a choice, but chose to do the right thing.. Why are you liberals all over them for holding up to their responsibilities when they didnt have to?
They likely knew that if they said no, the government would have made it very hard for them to conduct business in the US. Secondly, even putting aside that, them putting the $$$ in escrow has nothing to do with them meeting moral obligations, its about a PR disaster. They already have a massive public relations problem as a result of the disaster, if they would have refused it would have gotten FAR FAR worse


Quote:
Originally Posted by pghquest View Post
WRONG.. NO ONE has made such statements.. I often wonder whats in some of your heads. Is there a comprehension issue with liberals? There is a difference between BP NOT paying, and BP being FORCED to escrow money to pay, when they ALREADY WERE paying.
Excuse me for not believing in the good will of big oil to keep on paying every claim, they caused this disaster, they should be FORCED to pay for it.
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Old 06-17-2010, 01:33 PM
 
27,624 posts, read 21,133,586 times
Reputation: 11095
Quote:
Originally Posted by pghquest View Post
The government is under long term contracts to provide access to BP to oil wells.. You couldnt stop buying their oil if you wanted to..

So did they, or did they not have a choice? Your all over the board on this...
Again, if they DIDNT have a choice, then I ask you why didnt they? Under what LEGAL authority did they NOT have a choice.. and if they did have a choice, but chose to do the right thing.. Why are you liberals all over them for holding up to their responsibilities when they didnt have to?
WRONG.. NO ONE has made such statements.. I often wonder whats in some of your heads. Is there a comprehension issue with liberals? There is a difference between BP NOT paying, and BP being FORCED to escrow money to pay, when they ALREADY WERE paying.
New Info Reveals BP Repeatedly Ignored Safety Issues

BP officials were warned repeatedly during the past decade that the company was disregarding safety and environmental rules and was in danger of causing a serious accident.

New Info Reveals BP Repeatedly Ignored Safety Issues « Alan Colmes' Liberaland

They seem to have not done what they were obliged to do or upheld their resonsibilities on this issue.

What runs thru your veins...crude? Seriously, are you that resentful of people that don't agree with you and are the right side of an issue? You dogggedly insist upon defending the culprits. Maybe you think that they should be given a medal of honor for paying for a mess that they negligently caused.

Would you excuse a surgeon for going into a surgery unprepared and ill equipped which ultimately cost the life of someone that you knew? You'd be the first to want to sue their a$$es off and see them punished. Admit it.

Last edited by sickofnyc; 06-17-2010 at 01:54 PM..
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Old 06-17-2010, 01:40 PM
 
Location: Dallas, TX
31,767 posts, read 28,827,269 times
Reputation: 12341
Quote:
Originally Posted by highcotton View Post
Any and all parties that are determined to be at fault, which MOST DEFINITELY includes the MMS (which is our Federal Government a.k.a Taxpayers)! BP is not the only company/agency at fault here. And they're stupid to not demand that all other potentially liable companies/agencies put up a like-amount of money into the fund.
So, ultimately, tax payers should pay. Cool, and typical "conservative", I must add. Next time, a person just might claim a road accident to be government's fault as well since the asphalt wasn't freshly laid.

Should we wait for all payments, and clean up costs until the amounts and proportion of fault is established? I guess BP should just pay and be done with $75 million. The rest... tax payers. Isn't that what you too are ultimately standing up for?
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Old 06-17-2010, 01:42 PM
 
Location: Imaginary Figment
11,449 posts, read 14,470,127 times
Reputation: 4777
Quote:
Originally Posted by EinsteinsGhost View Post
So, ultimately, tax payers should pay. Cool, and typical "conservative", I must add. Next time, a person just might claim a road accident to be government's fault as well since the asphalt wasn't freshly laid.

Should we wait for all payments, and clean up costs until the amounts and proportion of fault is established?
They ***** and moan endlessly about tax payer picking up the tab for this and that and then switch feet when it's convenient. Big surprise.
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Old 06-17-2010, 01:46 PM
 
69,368 posts, read 64,128,317 times
Reputation: 9383
Quote:
Originally Posted by highcotton View Post
That's not necessarily true, but nevertheless forget about the limit and answer the question...

Question: If you had an accident in which you (and other parties) could be found liable - would you provide money to be put into a fund to help cleanup damaged property and/or to provide financial aid to people that may have been damaged by the accident before it was determined legally who [all] is liable?
That depends...
If you had a car accident, and did $50,000 worth of damage to someone else, would you pay the $50K, or turn it over to your auto insurance company to pay? In the current situation, the GOVERNMENT is the oil companies insurance company.. THATS THE LAW
Quote:
Originally Posted by EinsteinsGhost View Post
Who should pay?
Again, UNDER WHAT LEGAL OBLIGATION WOULD THE OIL COMPANIES BE FORCED TO PAY? This is like saying.. Hey, you have insurance, but who cares.. YOU have to pay..
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Old 06-17-2010, 01:48 PM
 
Location: Lewes, Delaware
3,490 posts, read 3,793,626 times
Reputation: 1953
Quote:
Originally Posted by HappyTexan View Post
The Dems have to..they have to yell loud and clear and it has to be all, 100% BP's fault. No one in the government did anything wrong..got it ?

I also believe that BP is getting an unfair deal here...they did what the government allowed them to do. 50-50 blame.

BP is being equated to blaming Bush for all that is wrong in America today.
I get it, no such thing as personal responsibility when it comes to corporations and rich people. Responsibility only counts when you're poor or black. I don't personally blame the CEO of BP for the leak unless he knew about how all of his rigs down to the last washer are being run. Thats impossible for him to know, but if its his employees that bypassed a safety system because it wasn't working right, or the old "Time is money" bull$h!t motto, then he is responsible. Just because a police officer doesn't pull me over for driving 70 doesn't mean its his fault when I cause a collision doing 71.
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Old 06-17-2010, 01:49 PM
 
69,368 posts, read 64,128,317 times
Reputation: 9383
Quote:
Originally Posted by Bagger View Post
I don't think it's as easy as you make it out to be...

From Is BP protected by the $75 million dollar liability cap set by the OPA? :

There was a recent article written by Roger Parloff of Forbes that offers a lot of information about if BP is protected by the $75 million dollar cap on damages that was created by the Oil Pollution Act of 1990, also known as OPA. The OPA was passed in 1990 and it states that the company responsible for the accident is limited to $75 million in economic lawsuit damages with several very large exceptions. One of those exceptions is if the company or any of its contractors acted with gross negligence or violated any federal or state safety law or regulation, the Company can not use the OPA limit. This means that if the BP, Transocean, Halliburton or Cameron violated a safety regulation, the OPA limit will not apply. Additionally, the OPA does not apply to any of BP’s federal or state cleanup costs. BP claims that they have already spent $990 million in cleanup costs as of early June.

The article itself:
BP's Gulf Coast oil spill -- a legal primer - Jun. 4, 2010
Yes, we got into a discussion here last week with posters who told me, when I said that BP wasnt covered by the $75M cap, they told me I was wrong.. Which is why I'm asking these very people why BP is VOLUNTARILY paying, when THEY told me that a $75M cap existed..
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Old 06-17-2010, 01:50 PM
 
21,026 posts, read 22,155,997 times
Reputation: 5941
Quote:
Originally Posted by EinsteinsGhost View Post
So, ultimately, tax payers should pay. Cool, and typical "conservative", I must add. Next time, a person just might claim a road accident to be government's fault as well since the asphalt wasn't freshly laid.

Should we wait for all payments, and clean up costs until the amounts and proportion of fault is established? I guess BP should just pay and be done with $75 million. The rest... tax payers. Isn't that what you too are ultimately standing up for?
That seems to be what repugs want! Our taxes to go to BP's responsibility!



So are the Repugs all set to raise taxes??!!! Looks like it!

But that's is what repugs are all about, scream when some poor person gets a few bucks but LOVE it if their taxes go to Corporations....what sick, sick, degenerate America hating jerks!
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Old 06-17-2010, 01:50 PM
 
69,368 posts, read 64,128,317 times
Reputation: 9383
Quote:
Originally Posted by Smash255 View Post
If they said no these contracts would have been gone over with a fine tooth comb to find even the slightest thing to tear up these contracts

They likely knew that if they said no, the government would have made it very hard for them to conduct business in the US. Secondly, even putting aside that, them putting the $$$ in escrow has nothing to do with them meeting moral obligations, its about a PR disaster. They already have a massive public relations problem as a result of the disaster, if they would have refused it would have gotten FAR FAR worse

Excuse me for not believing in the good will of big oil to keep on paying every claim, they caused this disaster, they should be FORCED to pay for it.
So you admit BP was "forced" to pay? Then why are you arguing with me over using the terminology?
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