[THS] BP Facing Lawsuit Over Handling of Oil Spill Cleanup

[The Harder Stuff in news and commentary]

http://www.truth-out.org/bp-facing-lawsuit-over-handling-oil-spill-cleanup61611

BP Facing Lawsuit Over Handling of Oil Spill Cleanup

Wednesday 21 July 2010

by: Hillary Stemple  |  JURIST | Report

A lawsuit was filed Tuesday against BP in a Louisiana state court alleging that the
company's negligent actions led to the Deepwater Horizon oil spill and that BP was
also negligent in its handling of the cleanup of the oil spill. The plaintiffs contend that
BP assumed responsibility for the health and safety of the local cleanup workers hired
by the company but failed to provide them with adequate training, protective
equipment, decontamination equipment and instructions to help them conduct the
cleanup in a safe manner. Plaintiff John Wunstell, a former shrimper, alleges that he
was hospitalized after being exposed to the chemical dispersants used to clean the
oil, and that he is now at a greater risk of developing lung and esophageal cancer
due to his exposure to the chemicals. Plaintiffs also contend that they were required
to use their own boats to conduct cleanup efforts and that the boats are now
damaged, threatening their future ability to earn a living through commercial fishing.
Plaintiffs are seeking damages for current and future medical care, repair and
detoxification of the fishing boats as well as damages for loss of earnings capacity.
The complaint also includes a class action claim that would cover all workers or
volunteers participating in the cleanup efforts who have shown symptoms including
nausea, severe headaches, respiratory illness, increased liver enzymes and high
blood pressure. The class action is seeking the establishment of a court-supervised
medical monitoring program in order to provide early detection of diseases associated
with the chemical exposure.

Calls for criminal and civil actions have been mounting against BP, as evidence of the
oil giant's lack of proper compliance with regulations has come out. Last month, two
lawsuits were filed against BP alleging violations of the Rackteer Influenced Corrupt
Organizations (RICO) statute. The lawsuits allege that BP purposefully defrauded the
American public in order increase company profits. Also last month, US Attorney
General Eric Holder announced that the Department of Justice (DOJ) is reviewing
whether any criminal or civil laws were violated by BP resulting in the oil spill. Holder
cited several statutes being examined by government lawyers including the Clean
Water Act and the Oil Pollution Act of 1990. The Clean Water Act includes both civil
and criminal penalties, and the Oil Pollution Act can be used to hold parties liable for
cleanup costs. In May, DC-based consumer advocacy organization Food and Water
Watch (FWW) filed suit in a US district court against the US Department of Interior
(DOI) and the Minerals Management Service (MMS) for an injunction to halt drilling
at the BP Atlantis Facility, another BP Gulf of Mexico site.