Wednesday
Jun092010
House Debates Removing BP's $75 Million Liability Cap
By Miles Wolf Tamboli - Talk Radio News
As the crisis in the Gulf Coast continues, lawmakers are debating either raising oil companies' $75 million dollar liability cap - some say as high as $10 billion dollars - or removing the cap altogether.
"It is clear that the liability caps must be adjusted, and in some instances lifted altogether," U.S. Associate Attorney General Tom Perrelli told the House Transportation and Infrastructure Committee during a hearing on the Oil Pollution Act of 1990, Wednesday.
OPA 90, as the act is commonly called, requires responsible oil companies to pay for all cleanup costs in the event of a spill. However, the law provides that entities such as BP may only be billed up to $75 million dollars to remunerate private parties for losses incurred, in addition to cleanup costs.
Some lawmakers expressed a fear that removing the liability cap could make insurance unaffordable for smaller companies; however, many advocate a tiered approach to financial liability that would base the cap rate on the risk of each company's operations, and not on the size of the company itself.
Perelli did not agree with many in Washington who believe that new legislation reducing or deleting liability caps should apply retroactively, so as to apply to BP's still gushing Deepwater Horizon leak.
OPA 90 left room for interpretation in asserting that the liability cap will not apply in the case of "gross negligence or willful misconduct," and failed to define these terms. Lawmakers, including Rep. Gene Taylor (D-MS) pushed for a clearer definition of these terms in developing new legislation.
Taylor questioned Acting Minerals Management Service Director Bob Abbey on the MMS' history of negligence in monitoring and evaluating drilling operations and granting of "categorical exemptions," presenting information that the MMS failed to conduct 16 "monthly" inspections of the Deepwater Horizon rig in the past four years.
Abbey responded to questioning by saying that he was not there "to defend past practices of the Minerals Management Service."
As the crisis in the Gulf Coast continues, lawmakers are debating either raising oil companies' $75 million dollar liability cap - some say as high as $10 billion dollars - or removing the cap altogether.
"It is clear that the liability caps must be adjusted, and in some instances lifted altogether," U.S. Associate Attorney General Tom Perrelli told the House Transportation and Infrastructure Committee during a hearing on the Oil Pollution Act of 1990, Wednesday.
OPA 90, as the act is commonly called, requires responsible oil companies to pay for all cleanup costs in the event of a spill. However, the law provides that entities such as BP may only be billed up to $75 million dollars to remunerate private parties for losses incurred, in addition to cleanup costs.
Some lawmakers expressed a fear that removing the liability cap could make insurance unaffordable for smaller companies; however, many advocate a tiered approach to financial liability that would base the cap rate on the risk of each company's operations, and not on the size of the company itself.
Perelli did not agree with many in Washington who believe that new legislation reducing or deleting liability caps should apply retroactively, so as to apply to BP's still gushing Deepwater Horizon leak.
OPA 90 left room for interpretation in asserting that the liability cap will not apply in the case of "gross negligence or willful misconduct," and failed to define these terms. Lawmakers, including Rep. Gene Taylor (D-MS) pushed for a clearer definition of these terms in developing new legislation.
Taylor questioned Acting Minerals Management Service Director Bob Abbey on the MMS' history of negligence in monitoring and evaluating drilling operations and granting of "categorical exemptions," presenting information that the MMS failed to conduct 16 "monthly" inspections of the Deepwater Horizon rig in the past four years.
Abbey responded to questioning by saying that he was not there "to defend past practices of the Minerals Management Service."
tagged BP, Miles Wolf Tamboli, OPA, Oil, Oil Pollution Act, deepwater horizon, mms in Congress, News/Commentary
STRONG Plan Could Reduce Oil Dependency By Millions Of Gallons Per Day
Talk Radio News Service
Director of New America Foundation's Energy Initiative Lisa Margonelli recently released a new energy initiative that aims to "reduce US oil demand by more than 3 million barrels a day by 2020."
Secure Transportation Reducing Oil Needs Gradually, or STRONG America 2020, hopes to reduce American dependence on oil without new technology, vehicles or fuels.
"[STRONG America 2020] doesn't use any alternative fuels or alternative vehicles ... we have some perverse incentives built into our system for using energy and for purchasing energy in the US, and it addresses those, and it also encourages energy efficiency," Margonelli told Talk Radio News in an interview.
Margonelli said that Americans do not pay the true price of gasoline at the pumps, but through taxing, which goes toward oil subsidies, military costs of maintaining shipping lanes and health care.
The energy expert told Talk Radio News that she supports the controversial "behavior change legislation."
"It would give people a clear reason and a sense that they can plan and be empowered to actually do something about the amount of gasoline and oil that we use as a country," said Margonelli. She explained that the STRONG tax, which will add three cents per gallon to the cost of gasoline at the pump each year, reaching 30 cents by 2020, could save 450 million barrels of oil each year and raise $5.5 billion for improving the transportation sector.
Margonelli hopes for the improvement of existing transportation options for optimum efficiency, and for increased incentives for carpooling and ride-sharing. She believes that reassigning oil subsidies into secured loans will directly benefit many Americans.
"What we need to do is to move $5 to $10 billion [from oil subsidies] away from the oil industry and make those subsidies into secured loans or loans to middle-income Americans to get more efficient cars," Margonelli said.
According to the New America Foundation executive, the eventual saving of 3 million barrels of oil a day will liberate a great deal of American capital, which can then be recycled into the economy.