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Carl Barbier News

20 Jan 2022

Appeals Court Revives BP’s Fight Over Deepwater Cleanup Workers’ Claims

Crewmembers on board Coast Guard Cutter Walnut deploy an oil skimmer into oil the ship collects in its inflatable boom, July 2, 2010. The Walnut, homeported in Honolulu, Hawaii has been temporarily redeployed to the Gulf of Mexico to aid in the BP Deepwater Horizon response. - Credit:  Deepwater Horizon Response/(CC BY-ND 2.0)

A federal appeals court on Wednesday revived a fight between BP, two contractors, and an insurance company over who should pay for thousands of personal injury claims brought by cleanup workers after the Deepwater Horizon explosion and fire in 2010.The 5th U.S. Circuit Court of Appeals reversed most of a lower court’s rulings for contractors National Response Corp and O’Brien’s Resource Management, and for O’Brien’s excess-liability insurer, Navigators Insurance Co.The decision was not a complete win for BP, however.

04 Apr 2016

US Judge Approves BP Civil Settlement with US Government over 2010 Spill

(Photo: Casey Ware)

U.S. Judge Carl Barbier granted final approval on Monday to BP Plc's civil settlement over its 2010 Gulf of Mexico oil spill after it reached a deal in July 2015 to pay up to $18.7 billion in penalties to the U.S. government and five states. The company at the time said its total pre-tax charges from the spill set aside for criminal and civil penalties and cleanup costs were around $53.8 billion. Under the terms of the original agreement with the U.S. Department of Justice and the Gulf Coast states…

11 Mar 2016

BP Escapes US Lawsuits Over Post-Gulf Spill Drilling Ban

BP Plc does not have to face U.S. lawsuits by energy and drilling companies over losses they suffered from an offshore drilling ban imposed soon after the 2010 Gulf of Mexico oil spill, a federal judge ruled. U.S. District Judge Carl Barbier in New Orleans agreed with BP that federal law absolved the British oil company from liability for the Obama administration's decision to halt drilling and impose a moratorium on permits for new wells. The decision issued late on Thursday removes one of BP's last legal overhangs from the April 20, 2010 blowout of its Macondo well and the sinking of the Deepwater Horizon drilling rig, a disaster that killed 11 workers. BP has incurred $55.5 billion of costs for the spill, according to a March 4 regulatory filing by the company.

20 Feb 2015

BP Bid to Cut Gulf Spill fine Denied

A U.S. judge on Thursday rejected BP Plc's attempt to reduce the maximum civil fine it could face for its role in the 2010 Gulf of Mexico oil spill, leaving it potentially liable to pay $13.7 billion under the federal Clean Water Act. U.S. District Judge Carl Barbier in New Orleans agreed with the federal government that the maximum civil penalty that BP could face is $4,300 per barrel spilled. BP had sought a $3,000 per barrel maximum, equal to a maximum $9.57 billion civil fine. Barbier has not decided how much BP should pay, and it is unclear when he will. Setting a fine is the last step in a civil trial overseen by Barbier to determine responsibility and penalties for the April 20, 2010 blowout of the Macondo oil well, which killed 11 workers and caused the largest U.S.

03 Feb 2015

Ruling On BP Fine Over 2010 US Spill Months Away

Credit: Georgia Department of Natural Resources

It may be months before a final verdict is issued on the size of the fine BP Plc will pay under the Clean Water Act for its 2010 Gulf of Mexico oil spill, lawyers said on Tuesday after the last phase of the trial ended. U.S. District Court Judge Carl Barbier in New Orleans, Louisiana, is scheduled to receive post-trial briefs from government prosecutors and BP through April 24. Barbier might rule before then although a decision after all briefs are filed is more likely, the lawyers said.

20 Jan 2015

BP Asks for Lower Fine in Gulf Spill Trial

BP Plc, citing low oil prices, tried to whittle away at $13.7 billion in potential fines under the Clean Water Act on Tuesday as the penalty phase started in its trial over the 2010 Gulf of Mexico oil spill. BP said its fine should be modest as it took extensive steps to mitigate the worst offshore disaster in U.S. history and that the defendant named in the case, BP's exploration and production unit, known as BPXP, cannot afford a big penalty. "There has been no collapse of the ecosystem," BP lawyer Mike Brock said in opening statements, contending that the Gulf has been more resilient than thought. Environmental groups say it could take decades for the Gulf to recover.

15 Jan 2015

US Judge: BP Spill Smaller Than Feared

Photo: BP

BP Plc will face Clean Water Act fines for its Gulf of Mexico oil spill of up to $13.7 billion, less than a maximum of $17.6 billion it could have been fined, after a judge ruled on Thursday the size of the spill was 3.19 million barrels. The ruling by U.S. District Court Judge Carl Barbier put the spill's size well below the 4.09 million barrel estimate of the government and the 3.26 million estimated by BP. All these totals exclude some 810,000 barrels that were collected during clean-up of the worst offshore disaster in U.S. history.

11 Jan 2015

BP, Anadarko Fail to Win Review of Gulf Spill Fines

BP Plc and Anadarko Petroleum Corp narrowly failed to persuade a U.S appeals court to reconsider its 2014 ruling that they could face civil fines under federal pollution laws over the 2010 Gulf of Mexico oil spill. By a 7-6 vote, the 5th U.S. Circuit Court of Appeals let stand a three-judge panel's decision to uphold a 2012 ruling from U.S. District Judge Carl Barbier in New Orleans, in which he said the companies could face Clean Water Act penalties. Barbier is scheduled on Jan. 20 to begin a non-jury trial to determine pollution fines. BP is appealing his Sept. 4 ruling that it was grossly negligent in causing the spill, exposing the London-based company to roughly $18 billion of potential fines.

14 Nov 2014

Courts Upholds BP 'gross negligence' Gulf Spill Ruling

A U.S. The decision by U.S. District Judge Carl Barbier in New Orleans means BP could still face close to $18 billion of penalties for violating the federal Clean Water Act. It marks the latest setback in BP's effort to curb costs from the April 20, 2010, explosion of the Deepwater Horizon rig, which led to 11 deaths and the largest U.S. offshore oil spill. The trial is expected to resume in January. Barbier had on Sept. 4 ruled that BP committed gross negligence and was 67 percent at fault for the spill. The gross negligence finding roughly quadrupled the maximum civil penalty that BP could face under the Clean Water Act. BP later argued that this ruling relied on inadmissible testimony from an expert for Halliburton Co, which provided cementing work at the spill site.

24 Sep 2014

Judge Rejects BP Bid to Recoup Some Spill Payments

A U.S. judge has ruled that BP Plc cannot recoup what it says were inflated claims paid under a multi-billion dollar settlement program to compensate people hurt by the 2010 Gulf of Mexico oil spill, NOLA.com reported on Wednesday. BP originally expected the payout program to cost $7.8 billion, but it has said the final bill, from the uncapped agreement that is handling thousands of claims, could be considerably higher. The oil major has filed numerous motions to challenge what it says are excessive fees charged by the program's administrator, generous payments made under disputed accounting rules, and phony claims. U.S. District Court Judge Carl Barbier in New Orleans has thrown out many of those complaints and turned the company down again on Wednesday.

04 Sep 2014

Timeline: BP Oil Spill Litigation

Boom in use around the port of Bayou La Batre, Alabama - May 2010 (Photo: BP)

BP Plc was found "grossly negligent" on Thursday by a federal judge in connection with its role in the 2010 Gulf of Mexico oil spill. The decision by U.S. District Judge Carl Barbier in New Orleans, who oversees litigation related to the disaster, is likely to boost the British oil company's costs emerging from the biggest offshore spill in U.S. history. April 20, 2010 Rig Explodes: An explosion on the Deepwater Horizon oil rig at the Macondo exploration well kills 11 workers and releases millions of barrels of crude oil into the Gulf of Mexico. The well is capped in mid-July.

04 Sep 2014

BP 'Grossly Negligent' in 2010 US Spill, Fines Could Be $18b

Discoverer Inspiration arrives to install the capping stack in July 2010 (Photo: BP)

A U.S. judge has decided that BP Plc was "grossly negligent" and "reckless" in the Gulf of Mexico oil spill four years ago, a ruling that could add nearly $18 billion in fines to more than $42 billion in charges the company took for the worst offshore environmental disaster in U.S. history. BP said it would appeal Thursday's ruling by U.S. District Judge Carl Barbier in New Orleans, Louisiana, who held a trial without a jury last year to determine who was responsible for the April 20…

22 Apr 2014

BP Gulf Spill Trial Set For January

The high-stakes penalty phase of BP's trial over its role in the 2010 U.S. Gulf of Mexico oil spill will start next January, court officials said on Tuesday, and billions of dollars could be on the line. Fines under the Clean Water Act could top $17 billion, an amount more than BP's profit in 2013, which after items was $13.4 billion. U.S. District Judge Carl Barbier in New Orleans has considerable leeway and could assess a much smaller fine after the third and likely final stage of the trial, which will assess the environmental impact of the largest offshore spill in U.S. history. The third phase will run from Jan. 20 to Feb. 5 of 2015. The trial's first phase dealt with the issue of negligence and concluded last April.

04 Mar 2014

US Appeals Court, Says BP Bound by Gulf Spill Accord

A divided U.S. appeals court has rejected BP Plc's bid to block businesses from recovering money over the 2010 Gulf of Mexico oil spill, even if they could not trace their economic losses to the disaster. By a 2-1 vote, the 5th U.S. Circuit Court of Appeals in New Orleans late Monday upheld a Dec. 24 ruling by U.S. District Judge Carl Barbier in New Orleans, authorizing the payments on so-called business economic loss claims. It also said an injunction preventing payments should be lifted. The decision is a setback for BP's effort to limit payments under a multi-billion dollar settlement over the April 20, 2010, explosion of the Deepwater Horizon drilling rig and rupture of BP's Macondo oil well. That disaster killed 11 people and triggered the largest U.S. offshore oil spill.

27 Feb 2014

BP Loses Bid to Block Seafood Fund Payments

A U.S. federal judge on Wednesday denied BP Plc's request to halt payments from the $2.3 billion fund it created to compensate commercial fishermen for financial losses after the British company's 2010 offshore oil spill, according to court records. BP had sought to block the payments after alleging that some individuals supposedly injured by the spill, clients of attorney Mikal Watts, did not exist. The company said it has already paid out more than $1 billion from the so-called Seafood Compensation Fund. U.S. District Judge Carl Barbier in New Orleans, who is overseeing litigation stemming from the spill, denied the motion on Wednesday, according to an entry on the court docket.

19 Apr 2013

The Macondo Spill Trial

Fire boat crews battle blazing remnants of the Deepwater Horizon rig the day after it exploded on April 20, 2010.  (Photo U.S. Coast Guard)

Offshore U.S. Gulf energy operators have already paid a steep price; more pain could come. Drilling in the Gulf of Mexico is now close to levels seen before the April 2010 Macondo spill that took 11 lives and caused the nation’s worst offshore oil spill. Almost two years after the disaster, companies operating in the Gulf are trying to comply with safety requirements finalized last year, according to the Bureau of Safety and Environmental Enforcement. BSEE’s new safety rules for offshore drillers set standards for casing and cementing…