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Bobby Schneider Kim Fortun Oil Politics BP Spill Annotation Four

David Goguen, a University of San Francisco Law School graduate, is both an editor and writer for NOLO online and he has been involved in legal publications for more than ten years. He has previously written articles on many domestic and international government topics, personal injury cases and other lawsuits, as well as health issues such as asbestos in public areas.

In a particular article, entitled “BP Oil Spill Lawsuits and Legal Issues,” Goguen’s main goal is to explain the legal aspects of the spill including what types of suits can be filed, who would be sued, and also to discuss how a claim can be filed through the BP compensation fund. The various lawsuits being applied for span across a wide set of topics ranging from property damage and business losses, to environmental damages, health concerns, injuries, and some cases of wrongful death. Even some state governments and British Petroleum shareholders are getting in on the action and making claims against the company (Goguen, pg. 3). However, as the second main section of this article explains, it is not only BP who is being targeted. Other companies and organizations, such as Transocean, the owner of the rig that exploded, and Cameron International, who provided the failing blowout preventer, could also face legal challenges (Goguen, pg. 3). The last major section of the document explains the pros and cons of filing a claim through the Gulf Coast Claims Facility (GCCF). Goguen admits that while this would be a good idea for people with minimal losses or damages, it may not be the best bet for those who have more extensive damages because they could end up receiving a smaller amount of money than they are entitled to (in the eyes of the GCCF, $5,000 is considered a “large loss”). Another downside to this system is that if a person does accept a claim, they must sign a waiver saying that they will not be permitted to sue BP at a later time (Goguen, pg. 4). His closing message for this article is that in cases such as these, the best thing to do is to contact an attorney, especially one with environmental experiences, and discuss what the best personal option would be.

A few quotes in this article help to capture some of the bigger ideas surrounding many of the legal details. One of the biggest problems seen as a result of the spill was economic damages. “Thousands of businesses and workers in the Gulf region have filed lawsuits against BP, seeking repayments for profits and income that were lost because of the oil spill” (Goguen, pg. 3). This quote encompasses every aspect of the American economy that was hurt by this disaster including the fishing, boating, tourism, shrimp, and retail industries along the Gulf Coast area. Another excerpt briefs the topics of who is to accept the blame for what has happened: “So, clearly BP is planning on taking the brunt of the legal blame – and the biggest financial hit – for contributing to the worst oil spill in the nation’s history. But there are other parties that might be on the legal hook and are already targeted in lawsuits over the spill” (Goguen, pg. 3). While the oil company is clearly the organization that everyone wants to blame, BP buys the mechanical parts that failed from other companies and in fact does not actually own the rig, which is why these other outside sources should be considered for playing a role in the problem. A final quote helps to explain where the delay of claims processing was deriving from. “Because of the sheer volume of lawsuits and the variety of businesses and individuals affected by the BP oil spill, many lawsuits will be grouped together under a process known as multidistrict litigation and through class actions” (Goguen, pg. 3). Thousands of people lost businesses, had damaged property, or were injured and all of these people are looking for compensation simultaneously. Although some may favor individual claims, if they all want their money in a timely manner then class actions may be one of the only options available at this point.

This article provides an immense quantity of details which support my focus on the legality of the BP recovery process. By providing an overview of the numerous types of lawsuits filed, I can look at each of these broader topics in more detail to reveal what laws or regulations may have influenced how each of these lawsuit categories were or are being handled. The final section about the pros and cons of the GCCF fund also help with my research because it provides a basis for proof that quite frequently businesses and governments, even during times of crises, still find ways to trick the American people out of what is rightfully theirs; though sad, it is the truth.

Some points made in this article which may help others doing recovery research are: • “These plaintiffs [filing lawsuits] include companies and employees in the commercial fishing, shrimp, and oyster industry; and charter boat operators, hotels, tourist attractions, rental property owners, and other businesses in popular resort areas.” (economics and tourism ideas) • “Some property damage suits involve the use of dispersants to aid in the cleanup of the spill,” and the fact that the dispersants used could be toxic and lead to health problems. • Local governments are suing BP for lost tax revenue as a result of decreased business income. (economics)

Goguen, David. “BP Oil Spill Lawsuits and Legal Issues.” __NOLO__. < [|http://www.nolo.com/legal-] [| encyclopedia/bp-oil-spill-lawsuits-legal-33442.html] >.

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