Gulf oil spill: Senators call for criminal, civil charges against BP

OK, as a defense lawyer I never want to see the Feds rush into anything.  However, the Gulf disaster is something near and dear to my heart.  I love the Gulf.  Now, somebody bad has hurt someone I love.  And they have to pay.

I grew up swimming in, boating on, and living around the Gulf.  I have always loved marine biology and the study of the Gulf, its mysteries and all its creatures.  I love to take my family on the boat in the Gulf.  I have fished in it many, many times.

The LA Times article that I am sharing with you here reports that:

The senators — seven Democrats, including California’s Barbara Boxer, and one independent — asked Holder to examine whether BP “made false and misleading statements to the federal government regarding its ability to respond to oil spills in the Gulf of Mexico.”

Misleading statements?  Who cares about that – what about the fact that they ran the oil rig with (1) no way to shut off the oil flow in case of an emergency, and (2) had no plan in place to contain ANY spill at all?  That’s criminal.

In the law, we have two tenets that are at play here.  First: NEGLIGENCE.  If you do an act that is not designed in and of itself to kill, but is an act that is so dangerous that it does, then you are guilty of murder.  If you have a duty to others that you wipe your butt with, then you are negligent and liable for damages.  Second:  FORESEEABILITY.  The old case on foreseeability had to do with a moored ship catching afire, then eventually burning down the whole marina.  The ship owner was liable for everything because of his own negligence in burning up his own boat, but also for the other boats as it was forseeable that such an accident could happen.

In other words, BP has clearly been negligent, and should pay for every wage, every cleanup, every animal rescue, EVERYTHING related to this spill.  And there is no doubt that the damage BP has caused was foreseeable.

Where did they think the oil was going to go . . .  back in the earth?

I say charge them criminally.  I say everyone use them.  I say boycott BP products (I have been boycotting BP since about 1991, for other reasons).  Then call your senator and your Attorney General and demand that the United States not bow to the pressure of Big Oil, but that it protect its citizens and natural resources.

Here’s the article:  Gulf oil spill: Senators call for criminal, civil charges against BP | Greenspace | Los Angeles Times

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