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Ruling in favor of Transocean and BP, a federal judge on Thursday dismissed third-party environmental claims in a giant pleading bundle in the Deepwater Horizon oil spill litigation, saying the fact that the oil flow has stopped makes those lawsuits irrelevant.
“The injunction at this stage would be useless, as not only is there no ongoing release from the well, but there is also no viable offshore facility from which any release could possibly occur,” U.S. District Judge Carl Barbier wrote. “The Macondo well is dead, and what remains of the Deepwater Horizon vessel is on the ocean floor, where it capsized and sank in 5,000 feet of water.
“Moreover, BP and the agencies comprising the Unified Area Command have been and are cleaning up the Gulf of Mexico. An injury is not redressable by a citizen suit when the injury is already being addressed.”
The 5th U.S. Circuit Court of Appeals refused last month to order Barbier to recuse himself from dozens of spill-related suits even though he owned corporate bonds issued by two of the companies sued in the cases. Barbier said his ownership of debt instruments issued by Halliburton and Transocean didn't give him a financial interest in the companies.
Originally posted by SkipperJohn
Well here is my answer.
The 5th U.S. Circuit Court of Appeals refused last month to order Barbier to recuse himself from dozens of spill-related suits even though he owned corporate bonds issued by two of the companies sued in the cases. Barbier said his ownership of debt instruments issued by Halliburton and Transocean didn't give him a financial interest in the companies.
Link
Federal Judge Rules BP not Responsible For Damages Created by Oil Spill,Tax Payers Are
The lawsuits dismissed on Thursday belonged to the D1 pleading bundle.
D1 bundle claims were filed by third-party organizations that alleged environmental damages under the Clean Water Act; the Endangered Species Act; the Comprehensive Environmental Response, Compensation, and Liability Act; and the Emergency Planning and Community Right-To-Know Act.
For instance, autopsy results of the hundreds of dead baby dolphins that have washed up along the Gulf Coast have been kept private, and independent scientists have not been allowed to conduct their own autopsies.
“Isn’t that what the federal government is doing?” Barbier asked on May 26. “It sounds like you think they may not do it right.”
Later that day, Barbier told Buppert: “It’s speculative right now. You’re surmising that somebody is going to do something that you don’t like.”
Attorneys did not immediately return calls for comment.
Originally posted by SkipperJohn
reply to post by Vitchilo
I wonder how much BP stock judge Barbier owns. This is another fine example of the corporation wins and the little guy takes the fall.