Environmental Law

BP and the Crime Victims? Rights Act

By Walter James

United States District Court Judge Lee Rosenthal will examine medical bills and lost wages of people who died or were hurt in the 2005 explosion at BP's Texas City refinery to determine whether a $50,000,000.00 fine to resolve criminal liability is sufficient.  On Wednesday, July 16, 2008, Judge Rosenthal told attorneys representing blast victims, the government and BP that she needs that information before she can accept or reject BP?s plea deal.  Specifically, Judge Rosenthal will examine economic losses of the fifteen people who died as well as those of thirty-five other victims selected by lawyers for the victims.  Judge Rosenthal will use those figures to estimate how tangible victim losses compare to the proposed fine.  Judge Rosenthal, however will not consider non-economic losses (such as payments to settle civil litigation that compensated for mental anguish or pain and suffering) in making her determination.

Judge Rosenthal did tell the victims in February 2008 that she could not just toss out the plea deal and impose her own; rather, she could only rule on the proposed plea deal presented. 

BP has indicated that it will cooperate with victims' lawyers in providing the information Judge Rosenthal. 

A hearing has been scheduled for October 7, 2008. 

More later.

As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.

WDJiii

Full post as published by Environmental Crimes Blog on July 19, 2008 (boomark / email).