The Justice Department (DOJ) has
filed a civil lawsuit against nine defendants in connection with the Deepwater
Horizon Oil Spill in the Gulf of Mexico.
The lawsuit asks the court for civil penalties under the
Clean Water Act and to declare eight of the defendants liable without
limitation under the Oil Pollution Act for all removal costs and damages caused
by the oil spill, including damages to natural resources.
Placing blame
In the complaint filed in the U.S. District Court in New
Orleans, the U.S. alleges violations of federal safety and operational
regulations which caused or contributed to the oil spill that began on April
20, 2010, when an explosion and fire destroyed the Deepwater Horizon offshore
drilling rig in the Gulf of Mexico, approximately 50 miles from the Mississippi
River delta.
"We intend to prove that these defendants are responsible
for government removal costs, economic losses, and environmental damages
without limitation," said Attorney General Eric Holder. "Even though the spill has been contained,
the Department's focus on investigating this disaster and preventing future
devastation has not wavered. Both our
civil and criminal investigations continue, and our work to ensure that the
American taxpayers are not forced to bear the costs of restoring the gulf area
and its economy is moving forward."
Defendants
Those named in the lawsuit are BP Exploration and Production
Inc.; Anadarko Exploration & Production LP and Anadarko Petroleum
Corporation (known collectively as "Anadarko Defendants"); MOEX Offshore 2007
LLC; Triton Asset Leasing GMBH, Transocean Holdings LLC, Transocean Offshore Deepwater
Drilling Inc., and Transocean Deepwater Inc. (known collectively as "Transocean
Defendants"); and Transocean's insurer, QBE Underwriting Ltd./Lloyd's Syndicate
1036.
QBE/Lloyd's can be held liable only up to the amount of
insurance policy coverage under the Oil Pollution Act and is not being sued
under the Clean Water Act.
Multiple violations
According to the complaint, important safety and operating
regulations were violated in the period leading up to the April 20, 2010, oil
spill, including:
- Failing to take necessary precautions to keep the Macondo Well under control in the period leading up to the April 20th explosion;
- Failing to use the best available and safest drilling technology to monitor the well's conditions;
- Failing to maintain continuous surveillance; and
- Failing to use and maintain equipment and material that were available and necessary to ensure the safety and protection of personnel, equipment, natural resources, and the environment.
The complaint contends that these violations caused or
contributed to the massive oil spill, and that the defendants are therefore
responsible for removal costs and damages without limitation under the Oil
Pollution Act.
Civil penalties sought
The complaint also includes claims for civil penalties under the Clean Water Act, which prohibits the unauthorized discharge of oil into the nation's waters. It alleges that the defendants named in the lawsuit were in violation of the Act throughout the months that oil was gushing into the Gulf of Mexico.
