Feds vow to prove BP's negligence in oil spill

An April 21, 2010 aerial photo of the Deepwater Horizon oil rig burning in the Gulf of Mexico more than 50 miles southeast of Venice, La. / AP Photo/Gerald Herbert, File

(CBS/AP) NEW ORLEANS - The Justice Department is urging a federal judge to ignore BP's assertion that the Gulf Coast's natural resources are making a "robust recovery" from its massive 2010 oil spill.

In a court filing Friday, government lawyers also renewed their vow to prove at trial that BP engaged in gross negligence or willful misconduct leading up to the deadly rig explosion that killed 11 workers and spawned the nation's worst offshore oil spill. BP PLC faces billions of dollars in fines if U.S. District Judge Carl Barbier ultimately sides with the government.

The memo's combative language is a sign that BP and the Justice Department aren't close to a settlement that would resolve the federal government's claims against the oil giant before a trial scheduled for next year.

"It's a shot across the bow," said David Uhlmann, a University of Michigan law professor and former chief of the Justice Department's environmental crimes section. "Generally speaking, when you see the government use such strong language, it's intended to signal its readiness to go to trial."

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In the filing, government lawyers accuse BP executives of trying to minimize their role in the disaster and shift blame to blue-collar rig workers and their partners on the drilling project, including rig owner Transocean Ltd.

"The behavior, words, and actions of these BP executives would not be tolerated in a middling size company manufacturing dry goods for sale in a suburban mall," they wrote. "Yet they were condoned in a corporation engaged in an activity that no less a witness than (former BP chief executive) Tony Hayward himself described as comparable to exploring outer space."

The Justice Department was responding to a BP memo urging Barbier to sign off on a proposed settlement of economic damage claims filed by tens of thousands of Gulf Coast residents and businesses. The government said that it doesn't take a position on the merits of that deal but that BP's Aug. 13 memo contained "plainly misleading representations" that shouldn't go unchecked.

For instance, government attorneys said it's premature for BP to pass judgment on the health of the Gulf of Mexico's ecosystem.

"While it is true that many resources are in a better condition than at the height of the spill - after all, they are no longer slathered in layers of BP's oil - it is also true they continue to suffer significant harm from the spill, and it is not possible at this time to conclude that they have recovered, despite the information that BP presents," they wrote.

The Justice Department also says BP and Transocean rig supervisors and BP engineers could have prevented the Macondo well from blowing out if they correctly interpreted the results of a critical safety test shortly before the blast.

"That such a simple, yet fundamental and safety-critical test could have been so stunningly, blindingly botched in so many ways, by so many people, demonstrates gross negligence," the filing says.

BP said the Justice Department's memo makes it clear the federal government isn't opposed to its proposed settlement with private plaintiffs' attorneys. BP and plaintiffs' attorneys both believe the settlement is "fair, reasonable and adequate" and meets all the legal requirements for Barbier's final approval, the company said in a statement.

"Other issues raised by the government simply illustrate that disputes about the underlying facts remain. BP believes it was not grossly negligent and looks forward to presenting evidence on this issue at trial in January," the company said.

Meanwhile, tar balls washed up on the Louisiana shore in the aftermath of Hurricane Isaac, forcing officials to restrict fishing in water off a 13-mile stretch of coastline. BP said it's still too early to know if the tar is oil oil from the Deepwater Horizon rig.

[ammo17]

i hope eric holder doesn`t use the lawyers that went after roger clemmons or my pal sherif joe arpaio.what a disgrace this guy is as our attorney general.but you have to give him credit for protecting the rights of the illegal aliens.

[vengenceofgod100]

When A multinational oil company destroys an entire body of water and claims it didn't. When BP Oil Co. can claim that the Gulf of Mexico is back when it is not. What is it? Image man, its BP's image. BP would have all of us believe that the Gulf of Mexico has been restored to its original pristine condition. Well BP I got some sad news for you, because of you and especially you the Gulf of Mexico is dead and dying. What you did to it and the damage you inflicted on it by poisoning it not only with the oil, but especially with the Corexit chemical dispersant has killed the Gulf which you claim is recovered? You and your corporate intrests are out of your mind if you think you can persuade anyone that the Gulf is back. You maybe able to bribe the courts with your money but you will never persaude the public. Nice try!

[EuroPride20x]

Asia for Asians, Africa for Africans, White countries for everybody???????

Everybody says there is this RACE problem. Everybody says this
RACE problem will be solved when the third world pours into EVERY white
country and ONLY into white countries.

The Netherlands and Belgium are just as crowded as Japan or Taiwan,
but nobody says Japan or Taiwan will solve this RACE problem by bringingin millions of third worlders and quote assimilating unquote with them.

Everybody says the final solution to this RACE problem is for EVERY
white country and ONLY white countries to "assimilate," i.e.,
intermarry, with all those non-whites.

What if I said there was this RACE problem and this RACE problem
would be solved only if hundreds of millions of non-blacks were brought
into EVERY black country and ONLY into black countries?

How long would it take anyone to realize I'm not talking about a RACE
problem. I am talking about the final solution to the BLACK problem?
And how long would it take any sane black man to notice this and what kind of psycho black man wouldn't object to this?

But if I tell that obvious truth about the ongoing program of
genocide against my race, the white race, Liberals and respectable
conservatives will just say that I am a naziwhowantstokillsixmillionjews.

They say they are anti-racist. What they are is anti-white.

Anti-racist is a code word for anti-white.

[reginaldcharleston]

Works for me.

[ballwyllo]

I would tend to agree that that need to pursue this effort against BP, their behavior is beyond criminal. My only concern is this Justice Department, I just can't trust them.

[formerlyluvnut]

Well good BUT, what are they going to do about it when they prove it? NOTHING.

[commercial-pilot]

I live on the gulf coast and have seen zero effect of this spill. Maybe many of you do not realize it but oil releases occur naturally in the GOM from subsea deposits. Bacteria present in the GOM eats the oil and removes to from the water. I am sure that BP has no desire to spend the $10B in claims and clean-up because there is no gain in it. This silly idea that BP wants to spill oil and does nothing to prevent it is just stupid. Profit is king and $10B in costs is bad news for any company. I might add that none of you writing here knows anything about oil exploration, drilling or production, so your posts lack any sense of reality.

[rightontarget]

Well, my father in-law was a Drilling Superintendent for a major drilling company in Texas and I know enough to know when a major company is at fault for a disaster. Gross negligence is gross negligence. Willful misconduct leading up to any deadly rig explosion should make that company totally liable. He worked for a company and was on location when he saw an entire big rig come down. Luckily nobody got killed but one guy, who they thought was dead, came crawling out from under the drawworks. Accidents used to be prevalent in the oilfield until companies were made accountable and OSHA started enforcing standards of safety. Nobody "wants" to spill oil OR have any type of accident on the site BUT when it happens the company needs to be held accountable.

[Bryan_inLC]

Hang those sorry money grubbing *****. I went to the marsh last Oct. and there was a sheen on the water I have Never seen before. There is long term damage out there, period.

They knew how to play...now let um pay. Send SOMEBODY to jail. Or drop them at my address.

[john92021]

The precedent was set with Exon Valdez, 20 or more years of litigation and finally fizzles out and the damage is still there.

[netjunkie1]

I work in a safety critical facility myself.
The rule there is all employees have right to "halt work in progress" until a safety committee is summoned to determine the employees' concern and relieve liability issues at the supervisor level.

[netjunkie1]

They can start with the 60 minutes episode that showed what happened by the electrical safety tech they interviewed...
If it were up to me, I'd start with the BP CEO and board.