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In the immediate aftermath of the Deepwater Horizon disaster in the Gulf of Mexico, BP publicly touted its expert oil clean-up response, but it quietly girded for a legal fight that could soon embroil hundreds of attorneys, span five states and last more than a decade.

BP swiftly signed up experts who otherwise would work for plaintiffs. It shopped for top-notch legal teams. It presented volunteers, fishermen and potential workers with waivers, hoping they would sign away some of their right to sue.

Recently, BP announced it would create a $20 billion victim-assistance fund, which could reduce court challenges.

Robert J. McKee, an attorney with the Fort Lauderdale, Fla., firm of Krupnick Campbell Malone, was surprised by how quickly BP hired scientists and laboratories specializing in the collection and analysis of air, sea, marsh and beach samples - evidence that's crucial to proving damages in pollution cases.

Five days after the April 20 blowout, McKee said, he tried to hire a scientist who's assisted him in an ongoing 16-year environmental lawsuit in Ecuador involving Dupont.


BP says it will pay for Gulf spill's cleanup

  Environmental  -   POSTED: 2010/05/03 08:12

BP PLC said Monday that it will pay for all the cleanup costs from a massive oil spill in the Gulf of Mexico that could continue spewing crude for at least another week.

The company posted a fact sheet on its Web site saying it took responsibility for the response to the Deepwater Horizon spill and would pay compensation for legitimate claims for property damage, personal injury and commercial losses.

"We are responsible, not for the accident, but we are responsible for the oil and for dealing with it and cleaning the situation up," chief executive Tony Hayward said Monday on ABC's "Good Morning America." He said the equipment that failed on the rig and led to the spill belonged to owner Transocean Ltd., not BP, which operated the rig.

Meanwhile, Hayward said chemical dispersants seem to be having a significant impact keeping oil from flowing to the surface, though he did not elaborate.

The update on the dispersants came as BP was preparing a system never tried nearly a mile under water to siphon away the geyser of crude from a blown-out well a mile underwater. However, the plan to lower 74-ton, concrete-and-metal boxes being built to capture the oil and siphon it to a barge waiting at the surface will need at least another six to eight days to get it in place.



A Pennsylvania dentist has pleaded guilty to dumping medical waste into the ocean, causing numerous beach closures in New Jersey.

Thomas McFarland had unsuccessfully sought to enter a pretrial intervention program that would have spared him a criminal record.

Under terms of a plea agreement, the state will recommend the 61-year-old be sentenced to one year of probation and be ordered to pay the seaside town of Avalon $100,000 to offset cleanup costs.

McFarland admitted dumping hypodermic needles, cotton swabs and other medical waste into an inlet just before Labor Day weekend in 2008.

His lawyer says the dentist was distraught to the point of mental illness over his wife's lung cancer, and appeared to be acting out in "a cry for help."



A U.S. Appeals Court reinstated on Monday a 2004 lawsuit by eight states and the city of New York against five of the largest U.S. utilities over their carbon dioxide emissions.

The lawsuit was dismissed in October 2005 by U.S. District Court Judge Loretta Preska, who said the issue was a political question for Congress or the President, not the judiciary.

Monday's ruling by the U.S. Court of Appeals for the 2nd Circuit in New York said the judge "erred in dismissing two complaints on the ground that they presented non-justiciable political questions."

The lawsuit against American Electric Power Co Inc, Southern Co, Xcel Energy Inc, Cinergy Corp and the Tennessee Valley Authority public power system, argued that greenhouse gas emissions from their plants were a public nuisance and would cause irreparable harm to property.

The utilities are five of the largest carbon dioxide emitters in the United States. Around 40 percent of U.S. carbon dioxide emissions come from fossil-fueled power plants.



The Hong Kong-based company that operates the cargo ship that caused a 2007 oil spill in San Francisco Bay pleaded guilty Thursday to criminal charges.

Fleet Management Ltd. pleaded guilty to charges of obstruction, making false statements and negligent discharge of oil, and agreed to pay a $10 million fine under a deal reached with prosecutors. A federal judge still must approve the deal.

The Cosco Busan sideswiped the San Francisco-Oakland Bay Bridge on a foggy morning on Nov. 7, 2007. The ship spilled 53,000 gallons of oil into the water, killing thousands of birds and other wildlife and fouling miles of shoreline.

The ship's pilot, John Cota, was sentenced in July to 10 months in prison after pleading guilty to two misdemeanor charges.

Company director Aga Nagarajan appeared in court Thursday with lawyer Marc Greenberg, who entered the guilty pleas. They declined comment outside court.

U.S. District Court Judge Susan Illston scheduled a Dec. 11 hearing to decide whether the $10 million is enough punishment.

Court documents showed the company acknowledging its crew was poorly trained and the master failed to stop the pilot from leaving port in thick fog. The master admitted he could "suffer adverse personnel consequences" if he delayed departure, according to the court filing.



A federal appeals court Wednesday blocked road construction in at least 40 million acres of pristine national forests.

The decision by a three-judge panel of the 9th Circuit Court of Appeals reinstates most of a 2001 rule put in place by President Bill Clinton just before he left office that prohibited commercial logging, mining and other development on about 58 million acres of national forest in 38 states and Puerto Rico. A subsequent Bush administration rule had cleared the way for more commercial activity there.

The latest ruling, issued in San Francisco, sides with several Western states and environmental groups that sued the Forest Service after it reversed the so-called "Roadless Rule" in 2005.

But it is not the final word on roadless forests.

A separate case is pending in the 10th Circuit Court of Appeals, where environmental groups are appealing a Wyoming district court decision repealing the Clinton roadless rule.

"It's up and down like a yo-yo," said Tom Partin, president of the American Forest Resource Council, a timber industry group. "It seems to be bouncing from one court to the other."

The Obama administration cited that legal uncertainty this spring in ordering a one-year moratorium on most road-building in national forests.



The city of San Diego said Tuesday it will go to court to ask a state judge to lift an order requiring the immediate removal of a colony of federally protected harbor seals from a La Jolla cove.

The announcement by City Attorney Jan Goldsmith was the latest development in an emotional and yearslong battle over who should have exclusive use of the protected cove — children or seals — in the posh seaside neighborhood of La Jolla.

On Monday, a San Diego Superior Court judge ordered the city to begin chasing away the creatures from the cove, called the Children's Pool, by Thursday or face heavy fines in order to comply with a 2005 ruling in a lawsuit brought by a disgruntled swimmer.

The city said it would blast recordings of barking dogs to scare away the pesky pinnipeds at the cost of $688,000 a year. San Diego cannot use force because the seals are a federally protected marine species.

But just hours later, Gov. Arnold Schwarzenegger signed a bill that added a marine mammal park to the list of permissible uses for the Children's Pool — giving the city a legal tool that could allow the seals to stay put.


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