Congress looking to raise tax on oil to help pay to clean up spills

I didn't say that they shouldn't pay. I said that they will not foot the entire bill.

The problem here is that you two and I are talking about two different things. You both are talking about what "should" happen. On this we agree that BP, Transocean, Haliburton, etc. should foot the entire bill.

I am talking about what actually "will" happen. BP is already working their way out of this. From day one they have been playing the public opinion game by hammering home that ridiculous 5,000 bbl a day number and then sinking as much oil as possible with toxic dispersants. BP executives told Congress last week they would pay "all legitimate claims" for damages. They will put up a good face until the attention has died down and then they will be on their merry way leaving the citizens of Louisiana with the problem.

Look no further than the rebuilding of the levees in New Orleans for proof. Look at the lack of movement on coastal restoration. No one in Washington gives a **** about this state and their handful of electoral votes. That means that no one has any incentive to hold BP's (Transocean's, Haliburton's, etc.) feet to the fire to make sure that they account for every drop of pollution for which they are responsible. That means we will reply on the good nature of BP to do the right thing. The same good nature that led to their employees taking shortcuts and cutting corners to improve their bottom line that led to this very disaster.

This is not a tax on the American public. This tax will increase the tax that's already in place that collects from the oil companies. The revenue goes to a fund managed by the Coast Guard to help pay to clean up spills in waterways. The government needs upfront money to respond to spills, as well as money to pay for cleanups when the responsible party is unable to pay, or is unknown. Money spent from the fund can later be recovered from the company responsible for the spill.

It is a real and tangible way to ensure that they do indeed pay. The small oil companies favor this move rather than increasing the cap. Increasing the cap woiuld probably make insuring the rigs near impossible.

 

if they wont pay, when they should, maybe the state needs to sue the eff out of em. someone is gonna have to grow some hair on their cajones and make the responsible parties pay. if the feds wont do it, the state needs to.

 

Hell i would even advise anyone who makes a living off the water out there, sue the f out of them too.

 

thats already in the works from what i can tell with lawsuits lining up that will become one humongous class action law suit.

i am not a sue happy person. but there are times when it is appropriate to hold someone responsible for their actual damage.

 

Go ahead. Sue. I don't have an issue with that at all. Of course while you're spending millions on a lawsuit that lasts a decade the disaster just gets worse while we're waiting for a decision because neither the state for the Feds are going to spend a dime unless they KNOW that they're getting reimbursed for it.

That's not even taking into consideration that the oil companies can only be sued for so much money. Right now if you sued and were awarded the max cap ($75 million I think) I doubt that would cover everything.

So... Any other ideas?

 

not at the moment. other than congress repealing the $75 mil cap. but give me time, im sure i will think of something. and i still say fines out the wazoo. if a judge can have the wages of a deadbeat dad garnished, i dont see why a company can weasel out of paying what they owe.

 

deadbeat dad isn't in the judges pockets like corporations are. those bastards, this whole situation makes me sick.

 

Again, I am arguing against you not because I disagree but because it's just not realistic. I want to make that very clear. IMO, BP should be re-branded as LP and we'll slap a bright blue logo of a pelican on the side of every BP vehicle, gas station, etc if I had my druthers.

That being said, I present to you TITLE 33, CHAPTER 40, SUBCHAPTER I - OIL POLLUTION LIABILITY AND COMPENSATION (Oil Pollution Act): United States Code: Title 33,SUBCHAPTER I—OIL POLLUTION LIABILITY AND COMPENSATION | LII / Legal Information Institute

According to this, removal costs do not have a cap. Damages have a cap of $75 million. However, Section 2704 does list exceptions to the cap and this is where lies the coasts hope:

If gross negligence is proven, then the $75 million cap is tossed out. It should be noted though that no one has ever been sued for punitive damages under the OPA that I could find. Before the OPA under maritime law is was possible, but not frequent.

So now the haggling begins about what BP is responsible for and what they are not responsible for and you can bet that they will attempt to argue out of everything.