One month after crude started pouring into the Gulf, there is no end in sight--and it is estimated by BP that it could be until August before the spill is plugged. Of course, BP also vastly underestimated the amount of gallons that were polluting the Gulf from the onset.
AP has reported that "chocolate brown and vivid orange globs and sheets of foul-smelling oil the consistency of latex paint have begun coating the reeds and grasses of Louisiana's wetlands, home to rare birds, mammals and a rich variety of marine life."
BP was leasing the Deepwater Horizon rig from TransOcean, when it exploded April 20, killing 11 workers and triggering the massive spill. The company conceded Thursday what some scientists have been saying for weeks: More oil is flowing from the leak than BP and the Coast Guard had previously grossly underestimated.
A live video feed shows what appears to be a large gushing of oil spewing into the ocean. The House committee website where the video was posted promptly crashed because so many people were trying to view it.
Well over 6 million gallons have gushed into the Gulf since the explosion, more than half of what the Exxon Valdez tanker spilled in Alaska in 1989. A growing number of scientists believe it's more.
BP spokesman Mark Proegler told The Associated Press that the mile-long tube inserted into a leaking pipe over the weekend is capturing 210,000 gallons of oil a day -- the total amount the company and the Coast Guard have estimated is gushing into the sea -- but some is still escaping. He would not say how much.
The Obama administration asked the company to be more open with the public by sharing such information as measurements of the leak and the trajectory of the spill. BP has been accused of covering up the magnitude of the disaster.
Also, the Environmental Protection Agency directed BP to employ a less toxic form of the chemical dispersants it has been using to break up the oil and keep it from reaching the surface.
BP is marshaling equipment for an attempt as early as Sunday at a "top kill," which involves pumping heavy mud into the top of the blown-out well to try to plug the gusher.
If it doesn't work, the backup plans include a "junk shot" -- shooting golf balls, shredded tires, knotted rope and other material into the well to clog it up.
The Long-term Effects
The negligence of BP and TransOcean will leave lasting catastrophic environmental and financial effects. Most of all, 11 men were killed. As more details surface regarding hurried orders by BP officials, it is clear money was all that mattered. Now, 11 families have lost a husband, a father, a brother, and a son. Society lost as well. From the pollution and clean-up of the ocean, to the costs to the fishermen, and the travel industry, as well as the overall morale of the American people.
As an attorney, we oftentimes sue in part to punish the tortfeasor, but the overwhelming purpose is to ensure that things like this don't happen.
BP & TransOcean Deny Substantial Liability
As was reported in Reuter's, Transocean filed on May 13 in a U.S. district court in Houston to limit its liability under federal law to the value of its interest in the rig and its freight, including accounts receivable, as of April 28, or $26,764,083.
The company cited an 1851 law that originally was passed to help U.S. shipping firms compete abroad. Perrelli said that a later law repealed the liability limits in the 160-year-old measure and set new ones.
Many lawmakers have been angered that a 1990 law caps economic damages for responsible parties at $75 million per spill.
"On this question of whether they can limit their liability through this action that they have filed, we believe in the strongest possible terms, and will make that clear, that they cannot," Perrelli said.
There will be more to follow from this, but one question should be asked: Is Tort Reform worth it? 11 people and an ocean of victims might perceive otherwise.
