Generic Hero BannerGeneric Hero Banner
Latest market news

US Supreme Court rejects BP spill dispute case

  • Market: Crude oil
  • 08/12/14

The US Supreme Court declined to hear BP's legal challenge to a multi-billion dollar settlement with businesses and individuals claiming damages from the 2010 Deepwater Horizon spill in the Gulf of Mexico.

The appeal to the highest US court was BP's last chance to significantly lower the costs of a civil settlement that has risen from an estimate $7.8bn when first announced in 2012 to $9.7bn or more.

Earlier this year, a lower court sided with BP on how certain accounting rules that governed payments through the settlement should be used. But that court did not support the oil giant's claims that companies seeking payments needed to first prove a direct link between financial losses and the spill. BP appealed that decision to the supreme court, saying the lack of causation could cost it many billions more in settlement payments than it previously expected.

In a filing today the Supreme Court denied the request to hear the case but allowed several other parties, including the Mobile, Alabama, Chamber of Commerce and the Federation of German Industries to file so-called "friend of the court" briefs explaining their views on the issue.

BP still faces billions of dollars in Clean Water Act fines following a judge's ruling in September that the company was grossly negligent for its actions leading up to the deadly 2010 Macondo spill. The fines could reach as high as $18bn but BP claims they will be much lower and has set aside $3.5bn. A trial is set to begin in January where a judge will hear evidence about mitigating factors that could weigh on final penalties.

BP said today that it it will continue to challenge what it has called inappropriate payments.

"In doing so, we hope to prevent further exploitation of our commitment to compensating all those legitimately harmed by the spill," the company said.

BP has paid about $4.3bn through the civil settlement program so far.

The company has argued for nearly two years that the court-appointed claims administrator, lawyer Patrick Juneau, was interpreting the settlement improperly and should be removed. Criminal charges have been brought against a small number of individuals who have filed false claim. But an outside audit of the claims process released in November said that about 99.5pc of the claims were processed properly.

Lawyers representing the thousands of claimants said BP was trying to change the terms of settlement after the fact.

"Today's ruling is a huge victory for the Gulf, and should finally put to rest BP's two-year attack on its own settlement," co-lead counsel Stephen Herman and James Roy said. "With the high court's rejection of BP's attempts to re-write history, Mr. Juneau can get on with the business of processing and paying eligible claims."

tdf/dcb/fn

Send comments to feedback@argusmedia.com





If you would like to review other ArgusMedia.com content options, request more information about Argus' energy news, data and analysis services.

Copyright © 2014 Argus Media Ltd - www.ArgusMedia.com - All rights reserved.


Sharelinkedin-sharetwitter-sharefacebook-shareemail-share
Generic Hero Banner

Business intelligence reports

Get concise, trustworthy and unbiased analysis of the latest trends and developments in oil and energy markets. These reports are specially created for decision makers who don’t have time to track markets day-by-day, minute-by-minute.

Learn more