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BP Tries To Dismiss 12 GulfOil Spill Lawsuits

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BP, claiming that state laws do not apply to the Deepwater Horizon catastrophe, wants to have 12 Gulf oil spill lawsuits from Mexican states and Alabama cities dismissed because they claim state law violations and the oil spill occurred in area subject to federal laws.

According to the complaint, BP claims that ” Under the Outer Continental Shelf Lands Act (“OCSLA”), federal law is exclusive for claims arising from drilling for oil and other mineral exploration and development activities on the OCS.  The Court may borrow the adjacent state’s law as surrogate federal law but only to fill gaps in federal law. ” even when the oil from the spill caused damage to state waters and coastlines.

BP continues in the complaint that “because OPA and the Clean Water Act provide comprehensive remedial and penal schemes to address oil spills, there is no place for state law, and all state law claims brought by the Alabama Cities, the Mexican States, and the Louisiana District Attorneys are preempted.”

BP also alleges that Mexican states cannot file lawsuits against BP because there is no agreement between Mexico and the US for oil spills.

BP also claims that because lawsuits filed by Alabama cities before presenting claims to the Gulf Coast Claims Facility, which was established to provide a way to bypass litigation and get quicker payouts for oil spill damage, the lawsuits should be dismissed.

Finally, BP wants lawsuits filed by Louisiana District Attorneys dismissed, stating that, “Although the Louisiana Parish District Attorneys insist that a savings clause for wildlife penalty cases in LOSPRA [Louisiana Oil Spill Prevention and Response Act] preserves their claims, they neglect to quote the actual language of the clause, which plainly refutes their argument: ‘Nothing herein shall be construed to preclude the Department of Wildlife and Fisheries from bringing a civil suit to recover penalties for the value of each fish, wild bird, wild quadruped, and other wildlife and aquatic life unlawfully killed, caught, taken, possessed, or injured pursuant to R.S. 56:40.1 et seq.’ La. Rev. Stat. § 30:2491 (B).” disclaimer: This article: BP Tries To Dismiss 12 GulfOil Spill Lawsuits was posted on Wednesday, June 22nd, 2011 at 8:52 pm at and is filed under Toxic Substances Lawsuits.

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