Options for Compensating Deepwater Horizon Fishermen

Depending on the level of negligence discovered by the operators, fines and restitution from violation of the Oil Pollution Act of 1990 may run as higher than $1 billion.  

 

The $1 billion Oil Spill Liability Trust Fund (OSLTF) was established by the federal government to resource restitution for victims of oil spills. In addition to funding state and federal costs to the spill, the money is to be used for compensating the public for the lost use of the natural resources including access to fishing grounds. The fund may also be used to reimburse private citizens and business for out of pocket costs and property losses. The OSTLF may also pay for contracts for oil spill recovery services to clean up public contaminated areas and removal of the hazardous contaminates.   

 

Many local and national law firms are experienced in supporting victims of negligence however attorneys familiar with the Exxon Valdez victim and claimant restitution experiences, and in particular the applicable provisions 1990 Oil Pollution Act can leverage avoid the lessons learned to avoid unnecessary delays reduce and legal expenses to maximize compensation for their clients.

 

A key bellwether case is whether the Deepwater Horizon rig owner is awarded with a favorable response in a request to $27M cap by applying the Maritime Limit of Liabilities Act of 1851. The owner’s attorneys are presenting the argument to the judge that the law applies because the Deepwater Horizon rig is in fact an independent a navigable vessel.  It doesn’t appear that the government is buying this claim, however the judgment has not been finalized.