The legal situation over the Deepwater Horizon explosion appears to be getting more serious as accounts emerged that there was a serious argument between Transocean and BP officials shortly before the blast — with references to the possible use of the blowout preventer. One BP official, Robert Kaluza, has become the first known person associated with the blast to invoke the Fifth Amendment privilege against self-incrimination to refuse to answer questions.
According to witnesses, there was a fierce disagreement at an 11 a.m. meeting on April 20 — less than 11 hours before the blast. Transocean’s rig operator Jimmy W. Harrell reportedly strongly objected to an order by BP’s top representative over how to start removing heavy drilling fluid and replacing it with lighter seawater from a riser pipe connected to the well head. There are allegations that the crew may have started the process without taking necessary precautionary steps.
Witnesses said that Harrell was so upset that, as he walked away, he complained “I guess that is what we have those pinchers for” — a reference to the now famous blowout preventer that is supposed to sever the main pipe in case of a disaster.
This is the type of meeting that races the heart of any plaintiffs’ lawyer. It is not just likely to be the focus of attorneys representing the families of dead workers but of company lawyers training to shift blame between the three main companies, BP, Transocean, and Halliburton. It may also indicate that likely tort actions will pursue a combination of negligent acts by these companies — through criminal prosecution clearly remains the most prominent concern for officials like Kaluza.
For the full story, click here.
mespo brings up an interesting point. Is drilling for oil an ultrahazardous activity, and hence subject to strict liability?
Based on the snippets of news I read about BP’s actions, it looks like there is enough to convict them of being at least negligent, if not criminally negligent.
What you don’t know can’t hurt you…right???
From Newsweek (5/26/2010)
BP’s Photo Blockade of the Gulf Oil Spill
Photographers say BP and government officials are preventing them from documenting the impact of the Deepwater Horizon disaster.
by Matthew Phillips
Excerpt:
As BP makes its latest attempt to plug its gushing oil well, news photographers are complaining that their efforts to document the slow-motion disaster in the Gulf of Mexico are being thwarted by local and federal officials—working with BP—who are blocking access to the sites where the effects of the spill are most visible. More than a month into the disaster, a host of anecdotal evidence is emerging from reporters, photographers, and TV crews in which BP and Coast Guard officials explicitly target members of the media, restricting and denying them access to oil-covered beaches, staging areas for clean-up efforts, and even flyovers.
Last week, a CBS TV crew was threatened with arrest when attempting to film an oil-covered beach. On Monday, Mother Jones published this firsthand account of one reporter’s repeated attempts to gain access to clean-up operations on oil-soaked beaches, and the telling response of local law enforcement. The latest instance of denied press access comes from Belle Chasse, La.-based Southern Seaplane Inc., which was scheduled to take a New Orleans Times-Picayune photographer for a flyover on Tuesday afternoon, and says it was denied permission once BP officials learned that a member of the press would be on board.
http://www.newsweek.com/2010/05/26/the-missing-oil-spill-photos.html
TJ Colatrella makes some very interesting points in his/her post.
Has anyone noticed how quiet Dick Cheney’s been? Other than his endorsement of Meg Whitman, we haven’t been hearing much from the big mouth ex V.P.
Buddha,
That was funny.
Is this Michael Pressman the same one, who is the director of Bad News Bears?
Slart:
I’m not as technically savvy as most here but this is the best I can do for the moment
http://dailybail.com/home/dave-chappelle-on-white-collar-crime-i-plead-the-fifth-video.html
BP wants Houston judge with oil ties to hear spill cases
MIAMI — Facing more than 100 lawsuits after its Gulf of Mexico oil spill killed 11 workers and threatened four coastal states, oil giant BP is asking the courts to place every pre-trial issue in the hands of a single federal judge in Houston.
Read more: http://www.mcclatchydc.com/2010/05/26/94887/bp-wants-houston-judge-with-oil.html#storylink=omni_popular#ixzz0p8svHP00
Now this take cajones….
vlf2112,
It will be interesting (most likely in a sickening sort of way) to see if BP’s company line changes from ‘We will make the gulf coast whole’ to the silence of the 5th…
lol
Very funny, Michael.
Sadly true, but very funny.
Buddha,
Stay away from those site, they will make you grow hair in the palm of your hand and go blind at the same time….
Aye, mespo. Especially when I poke myself in the “computer eye”. The problem I’m having is 95% self-created.
I agree with Slart – collectively, all three companies are to blame. But, all three will continue to shift the blame, and will resort to long unused laws in order to pay as little as possible in the way of clean-up, fines, and damages.
“It is still the same Buddha Is Laughing, but I am having temporary Gravatar issues I hope to resolve shortly. Soon I’ll be back to my normally green self.”
*************************
Ok, Buddha, I’ll say it: “It’s not easy being green!”
I see that big ol’ punitive damages barge coming with the rising tide, being pulled by that “little tug boat that could,” “Strict Liability.” Toot, toot!!
To the curious reader,
It is still the same Buddha Is Laughing, but I am having temporary Gravatar issues I hope to resolve shortly. Soon I’ll be back to my normally green self.
This is a test as I undergo renovation.
There is so much to this, should I focus on the legal right anyone has until Eric Holder and Obama revoke it, or go towards to overview and solution?
What we have seen with BP is “the criminally negligent” collusion between our government agencies which is thoroughly corrupted and these international corporate entities in the deaths of 11 men and massive ecological and economic disaster!
How are BP, Transocean and Haliburton not Criminally Negligent that facts are prima facia, and this collusion and corruption is all pervasive and not only systemic but endemic,and that of course includes the criminal Bush administration especially Dick Cheney but also the Obama Administration for leaving this corruption and collusion in tact!
We should Nationalize the Oil Industry and start with all BP holdings in America, along with Transocean and Haliburton, and then the rest of the Oil Industry, and then all Major Energy, and create a national power grid, so states cannot practice economic energy warfare upon each other as we see with Arizona v. California!
If we nationalize our major energy, we could cut costs by 30% and create an economic boom, that would effect every American and business so they can compete globally! Also we can then have tens of billions per year to invest in alternate and renewable energies!
Remember the Oil Industry is not in the business of putting itself out of business!
If you heard Obama yesterday he believes we are bound shackled to Oil for the next ten years, that is yet another lie from this posturing politician!
We could lift the ban on growing Industrial Hemp, and cut our use of Oil and gasoline in 1/2 and then perhaps replace it completely, and nobody has to die growing and refining Hemp which will give us cellulose ethanol and bio-diesel from it seeds
Hemp 4 Fuel http://hemp4fuel.com/page.php?2 Why Hemp?
Free for the asking!
Used cell phone, #0888 888 888.
Slightly used but service is outstanding. Looking for a good corporate home, preferably in the oil industry.
The preceding is a promotional message from Charon Enterprises. At Charon, we deliver! Ask about out “silver coin” discount!
I can’t say that taking the fifth is a bad idea from his criminal defense lawyer’s perspective.
There are some unknowns that would inspire any counsellor to tell them to do just that.
There are some serious scientific unknowns to put into this equation too:
http://blogdredd.blogspot.com/2010/05/is-new-age-of-pressure-upon-us.html
AY,
It seems like there’s plenty of blame to go around and, quite frankly, all I care about is that between the three companies they pay for the tens of billions of dollars of damage that they caused. Although, realistically, to whom and how much do you compensate for, say, causing the extinction of a species or destroying acres of wetlands?
What can one say, Haliburton… enough in one name too write many story’s. Were they not responsible for the drilling to start with? Was Dick Cheney still CEO, President. Please, now that Corporations are a person. Maybe he can do some prison time for this. Come on Capone….roll the dice.
Haliburton drilled. Transocean was the owner of the platform and BP leased. The pincher did not work correctly, who is to blame?