Deepwater Horizon Oil Disaster: State & Government Claims. Presented by Rhon Jones Beasley, Allen, Crow, Methvin, Portis, & Miles, P.C. February 6, 2011. Special Concerns for Gov ernment Entities. Emergency Response and Mitigation Costs Clean up and Natural Resource Restoration
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Deepwater Horizon Oil Disaster:
State & Government Claims
May 1, 2010
BP Government Entity Claims Process Guidelines
Costs BP Are Likely to Argue as
BP’s approach to economic damages
BP will allow this growth factor for post-spill months.
This is undervaluing claimants’ damages.
March and April 2010 should not be the only benchmarks for damages. This is especially true in economies which have a
Spring Break indicator,
where research shows a rising economy, and
where 2009 was the lowest year in the local recession.
The Oil Pollution Act of 1990
Loss of Revenue Claims
May 24, 2010
July 28, 2010
Process for receiving Natural Resources Damages: NRDA
OPA Natural Resource Damage Assessments
State, tribal, & federal trustees together make an assessment of the damages through a Trustee Council.
15 C.F.R. 990 et seq.
La. R.S. 30:2451 et seq.
Mississippi Liability of Persons
Responding to Oil Spills Act
Mississippi Air and Water Pollution Control Law
“[I]t is hereby declared to be the public policy of this state to conserve the air and waters of the state and to protect, maintain and improve the quality thereof for public use, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses.” Miss. Code § 49-17-3; 49-17-1—43.
Texas Oil Spill
Prevention and Response Act of 1991