Environmental Law

BP and the Crime Victims Act

By Walter James

As previously discussed on this blog, the United States District Court in the Southern District of Texas, Houston Division had scheduled a hearing for October 7, 2008, in the plea agreement that the United States had reached with BP PLC on the criminal case over the 2005 explosion at BP?s Texas City refinery.  At the hearing, Judge Lee Rosenthal heard arguments from the crime victims and from BP on why she should either accept or reject the plea agreement.  In essence, the plea agreement required BP to pay a $50,000,000.00 fine and serve three years probation.  There are also safety issues that were to be addressed.  The Court?s role is to either accept or reject the plea agreement. 

While BP formally entered its plea in February 2008, blast victims objected, complaining that they had not been consulted as required by the Crime Victims? Rights Act.  The case was appealed to the Fifth Circuit Court of Appeals and to the United States Supreme Court (which denied the victims? request to delay the decision on the plea agreement). 

Judge Rosenthal gave no indication as to when a ruling would be forthcoming.   

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 October 08, 2008 (boomark / email).