There were no laws broken in brokering the $20 billion escrow account. In my opinion it's the same as an "out of court settlement", and tho' it's only a..."/>

REAL WORLD EVENT DISCUSSIONS

Regarding the $20 billion

POSTED BY: NIKI2
UPDATED: Sunday, June 20, 2010 04:01
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VIEWED: 540
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Saturday, June 19, 2010 6:50 AM

NIKI2

Gettin' old, but still a hippie at heart...


There were no laws broken in brokering the $20 billion escrow account. In my opinion it's the same as an "out of court settlement", and tho' it's only a beginning, at least it's been done and it's a start. Because they may never get more, courts or no courts. Look at what happened (and is still happening) to those victimized by Exxon:
Quote:

Attorney Brian O'Neill has a lifetime of experience when it comes to the legal battles that ensue following major oil catastrophes.

After the Exxon Valdez oil tanker crashed in Prince William Sound in 1989, O'Neill headed straight to Alaska.

The Minnesota-based attorney had an interest in environmental issues and wanted to help because, as he put it, "there were an awful lot of hurt people."

He soon represented 2,600 fishermen and others affected by the spill. What he thought would be a two- or three-year "adventure" is still the biggest thing on his plate, one-third of his life later.

O'Neill successfully argued the 1994 trial after which a jury ordered Exxon to pay $5.3 billion in punitive damages to O'Neill's clients and others affected by the spill.

Exxon appealed almost two dozen times and O'Neill was there through it all.

In 2008, the case reached the U.S. Supreme Court, where a 5-3 majority finally set punitive damages at $500 million.

(Regarding the Gulf oil spill he said)
Quote:

The noise and the feeling that you get now is the same as the noise and the feeling that you got in the early days of the Valdez spill, with people saying the same thing and people reacting the same way.

It's going to be interesting when the limelight is no longer on the Gulf as to how BP is going to act and how the federal and state governments are going to act. Because once this is no longer on the front page of the newspaper, everybody's reaction is going to be 'We need oil.'

Oil runs the universe, and you can see governments settling with BP relatively cheaply and you can see BP at some point in time changing its attitude from 'We'll pay you' to 'We'll pay you if the court tells us to pay you.'

I thought that -- like a lot of people think now with regard to BP -- that Exxon would want to settle the case relatively early and move on and I was surprised a number of times with the fact that this was World War III to them, and they dealt with it that way .

They spent over $400 million on lawyers, essentially defending [against] our claims. They took every appeal they could take and they took every delay they could take and filed every motion they could take.

Don't kid yourself: the oil companies have the best lawyers money can buy.

if a company is rich enough and powerful enough to hire hundreds of lawyers they can essentially bring the legal system to a halt. They can.

Most of these fishermen no longer believe that the court system of the United States provides equal justice. They've come to a conclusion that is the same as the conclusion that I've come to, and that is that our governmental institutions will always bail out big oil, and they did here.

I regret that I haven't done a lot of other professional things for the last 21 years, I do. It was never my plan to be a trial lawyer until I was 63 years old.

I was going to go off and do something else, teach law school probably. But I didn't get the chance to do that so that's my biggest regret.

Second regret is it's hard on you emotionally, so then it's hard on your family to always be worrying about the same thing all of the time.

But we got through it ... I am proud of the work I've done. I am not proud of the fact that I didn't make my clients whole.

I had expected in 1989 that in the end of the day, everybody would be fully compensated for their losses, and they weren't. And that's in part my fault.

So while I'm proud I lasted 21 years, the result was not what my clients deserved.


http://www.cnn.com/2010/CRIME/06/18/exxon.valdez.lawyer/index.html?hpt
=Sbin


I say they learned from the Exxon-Valdez and many people won't have to go through this misery as a result. It's not a complete "fix", and we'll see how effectively it will be handled, but I think it's preferable to the above.



Hippie Operative Nikovich Nikita Nicovna Talibani,
signing off


To our President: “Mr. President, you're a god damn, mother fucking liar. Fuck you, you cock sucking community activist piece of shit.... oh, go fuck yourself, Mr. President” ...Raptor

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To Niki: “My guess is it won't just be your ugly face you dislike.....Well, it's true......if you had a soul.” ...Raptor

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...Remember, remember, the ugliest member...

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Saturday, June 19, 2010 5:06 PM

DREAMTROVE


Niki

The exxon valdez doesnt relate to the liability cap, because the 75 million law only applies to accidents after 1990.

Yes, but as my brother who teaches fhe subject is fond of saying, kaw is not a set of rules to be followed to the letterman, if it were done, it would become like following religion by the letter of the bible, horribly inconsistent and always in doubt, rather it is the spirit of the law that we must follow, and that is that is how it is likely to be judged.

No one will dend BP here, but the level of govt meddling is getting worrisome, how come some banks got bail outs and not others? Is this favoritism like we see in china? Will the same be true of these penalties? People have already suggested that if it were exxon or chevron this would not have happened. The govt moves so much larger quantities of cash around than business that it can completely make or break a business.

Sure, not in this case, but this is an exception. Very few companies could actually afford twenty billion. Also, I strongly suspect it wont cost that, or shouldn't. That would hire a million people for a year. Remember, thats a net twenty billion, so it plays like twenty thousand take home pay, more like 40k salary for a million people. I doubt they will do that in this clean up. Also, if it doesn't all get spent that way, where will it go? Will it go to the people? Back to BP? To the war?

I know the govt has the power to just do something, and has elected not to. I know BP knows more than it let's on, and I have the feeling that they are stalling until they can set up their relief well and then just take the oil and sell it, while letting the rest leak, and I feel that the govt is okay with that plan.

I don't know how I feel about it, but it does worry me. Id be perfectly okay with "you'll never drill in this town again" or "you have sacrificed your rights to this well" but the funny money makes nervous. This might be the next step in a govt-corp merger.


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Saturday, June 19, 2010 10:19 PM

SHINYGOODGUY


You're kidding, right?

This is priceless. Everyone's screaming for Obama's head on this one issue alone, that he hasn't done enough and you're saying that the government is meddling. So which is it? Because I'm confused.

The cleanup, someone call the nurse please I feel ill. The $20 Billion is a drop in the bucket compared to what it would actually cost BP in cleanup, compensation, restoration and punitive damages. They jumped at the chance to have a finite number attached to this fiasco. Now they can go about the business of bilking their customers for obscene profits.

The entire bill for this tea party thrown by our british cousins could easily reach $100 Billion.
And guess who foots the bill. We do. plain and simple.

A private firm spills oil all over your front lawn, causing major damage, and it would cost $20K to fix, but they offer you $2000 thousand instead. The local politician helps in obtaining the full amount ($20K) and you say that the government is being greedy. Does that seem right to you?

I'm just saying.


SGG

Tawabawho?

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Sunday, June 20, 2010 1:27 AM

DREAMTROVE


SGG,

Unlikely. I just did the math above. I don't see the expense. Sure there was a lot of decline in real estate value, but I sincerely doubt thats where the money is going, but thats not the point. I suspect the US govt is for sale.

Also, what's with the partisan schitzophrenia. The govt didn't change when obama got bush's old job, it seems to me to be the identical govt, the same govt it's been for a while, yet suddenly deems who hated it now love it, and reps who loved it now hate it.

It seems unpopular to say that this is the govt overreach which it very obviously is. I have no sympathy at all for BP, but also bear in mind that BP had an orgasm when this fund was suggested, and that was not because someone had them by the balls, except in a coddling blow job sort of way if you'll forgive the Jon Stewart imagery. They have to be getting something for it, or they'd never do it, not because no one would, but because BP wouldn't. I've been watching everything they don't spend money on. These are guys who wouldn't install any safety features on their own rig because they could part with thousands or delay hours. They think nothing sticks to them, they're invincible, they're certainly not going to sign off on a 20 billion dollar deal unless they bought something worth a lot more. Jes sayin.


Anyway, I'd be happy, as I said, if the govt did something. At the moment, it looks like they made a deal. Now if they're really going to spend it on the spill, we should become clean uppers, because you gotta know that it's not going to take a million people, so the rate of pay will be ridiculously high, at least for the companies who get the contracts.

Anyway, I hate to be defending this position, because I see people bring not in the least bit skeptical about a highly unusual event, and one that basic psychology and looking at Tonys behavior scream something is desperately wrong here. I think it merits a little skepticism, that's all.

Oh, and this, the guy who is managing the fund managed the 9.11 fund, which iirc has still not made it to NYC, so I'm not sure what it's doing, A lot of money moving around, not a lot of problems being fixed. Ten years later, still nothing doing on ground zero. Ten years from now, expect to see gunk washing up from the gulf oil spill which never got cleaned up.


ETA: sorry, not feeling to well, that may have sounded more harsh than it was intended to. I'm just ultra skeptical of both the govt and BP. Something funny is going on, tony mcweasel doesn't through good money after bad image. Something up, just haven't figured out what it is yet,

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Sunday, June 20, 2010 3:10 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


Quote:

Originally posted by dreamtrove:

Anyway, I'd be happy, as I said, if the govt did something. At the moment, it looks like they made a deal. Now if they're really going to spend it on the spill, we should become clean uppers, because you gotta know that it's not going to take a million people, so the rate of pay will be ridiculously high, at least for the companies who get the contracts.

Anyway, I hate to be defending this position, because I see people bring not in the least bit skeptical about a highly unusual event, and one that basic psychology and looking at Tonys behavior scream something is desperately wrong here. I think it merits a little skepticism, that's all.



Oh, I'm skeptical, all right. Just not for the back-room nefarious reasons you hint at. I think this one really is above board: BP jumped to say "YES!" to the $20 billion fund because there's so much more at stake for them.

1) Image is everything. How many of you STILL don't buy gas at Exxon? I don't, and the Valdez disaster was over 20 years ago. Just as some people still won't drive a Japanese car because of Pearl Harbor (I assure you such people still exist), some won't forgive BP for this disaster. And the more negative coverage it gets, the more that sentiment will spread. They say there's no such thing as bad publicity, but that's not really quite true. In an instance like this, there WILL be people for whom BP's name is forever tarnished.

2) BP wants to continue to operate in this country. Sure, we can't really single them out, or single out one single entity and target them for legislation (bills of attainder would attach). Oh, wait - yes we can. Despite the Constitution saying we can't, we can, and have, and did. Look up ACORN sometime. They were specifically targeted and run out of business by the government.

But we don't even have to be upfront about it, really. We can rewrite the bidding process for oil leases and government contracts, and write them in such a way that BP magically gets left out of being allowed to compete. We do this, as a nation, all the time. Anyone remember a certain bill with the amendment that exemptions would apply to all states in the Unites States whose names begin with the letter "U"? Wouldn't you know it, Orin Hatch, a senator from "U"tah, put that in, and it would ONLY apply to his state. Go figure.

3) Speaking of those contracts, here's what I brought up a few days ago, which is not starting to be reported: BP is one of the largest contractors for the Defense Department (DoD), which is the largest single user of petroleum products on Earth.

Quote:


As an institution, the Pentagon runs on oil. Its jet fighters, bombers, tanks, Humvees, and other vehicles burn 75% of the fuel used by the Department of Defense. For example, B-52 bombers consume 47,000 gallons per mission, and when an F-16 fighter kicks in its afterburners, it burns through $300 worth of fuel a minute. In fact, according to an article in the April 2010 issue of Energy Source, the official newsletter of the Pentagon’s fuel-buying component, the DoD purchases three billion gallons of jet fuel per year.

Thanks to the wars in Iraq and Afghanistan, the Department of Defense has been consuming vast quantities of fuel. According to 2008 figures, for example, U.S. military bases in Iraq and Afghanistan used a staggering 90 million gallons per month.

Given the base-building boom that preceded President Obama’s Afghan surge, the 2010 figures may be significantly higher.

In 2009, according to the Pentagon’s Defense Energy Support Center (DESC), the military spent $3.8 billion for 31.3 million barrels -- around 1.3 billion gallons -- of oil consumed at posts, camps, and bases overseas. Moreover, DESC’s bulk-fuels division, which purchases jet fuel and naval diesel fuel among other petroleum products, awarded $2.2 billion in contracts to support operations in Iraq and Afghanistan last year. Another $974 million was reportedly spent by the ground-fuels division, which awards contracts for diesel fuel, gasoline, and heating oil for ground operations, just for the war in Afghanistan in 2009.

In 2009, according to the Defense Energy Support Center, the military awarded $22.5 billion in energy contracts. More than $16 billion of that went to purchasing bulk fuel. Some 10 top petroleum suppliers got the lion’s share, more than $11.5 billion, among them big names like Shell, Exxon Mobil and Valero. The largest contractor, however, was BP, which received more than $2.2 billion -- almost 12% of all petroleum-contract dollars awarded by the Pentagon for the year.



http://www.cbsnews.com/stories/2010/06/19/opinion/main6598856.shtml

That's contracted money, guaranteed, and it will keep coming in year after year after year, unless BP does something amazingly stupid to jeopardize that. Whoops.





"I think playing golf during a war just sends the wrong signal."


On this matter, make no mistake. I want you to go fuck yourself long and hard, as well as anyone who agrees with you. I got no use for you. --Auraptor

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Sunday, June 20, 2010 3:56 AM

DREAMTROVE


Mike

You're getting closer.

BP jumping at the deal is not a reason to think it's above board, quite the contrary, but your theory is already not above board. Supposedly this is a cleanup fund, not a bribe for them to continue to take our oil. I suspect it's worse.

1) image is everything... For our govt. BP is not a democracy and doesn't care how it looks. They've made that abundantly plain. Whether BP or Exxon sells gas at the pump is irrelevant. You can buy exxon gas at lukoil. A while ago Niki posted anm article link that explained this one in detail, it was so obvious I have no idea why it didn't strike me before.

Oil is money. Once you have oil, it can be traded for other oil. Anywhere on earth. You don't physically need to move the oil from one pal to another, deeds to oil change hands at the corporate level. Drilling oil is minting cash, there is no need to ever sell it.

2) sure, they want to stay here, because they want oil. Our oil. They don't need our customers. But more, they're not going to do anything rash to save their asses. tiny Hayward is an arch weasel, he would rather weasel out of anything rather than pay. Hes also made this perfectly clear. So, he's not paying no twenty bees just to avoid our mamby pamby resolutions.

3), they don't care about the long term. BP execs today care about today. If today is going to be bad in order to make tomorrow good, then its better to be out of there yesterday. No one will pay twenty to get two, even two a year, because they start out losing twenty, and the guys who lose the twenty are the current guys, who will be gone in a year or two, and someone else will be getting the two a year.

Considedr if it were your job, and your employer told you you'd be gone in two years, and then asked you to put for $20 k so that your job would get a $2 k Christmas bonus? You'd kinda figure out that the guy who was taking your job would be getting the cash.

Also, they aren't "getting money" they're trading oil for it, which they would only do at a profit. At a certain rate of exchange, you have to figure that it's in their advantage to trade money back for oil. Long term, oil seems to be better money than money. If they're delighted to fork over 20 billion, I suspect it's because they're trading up, not because they're afraid of the hand of american justice, which we so often hand out to large multinational companies. Oh, right, thats not what we usually hand them, we usually hand them buckets-o-cash!

Also, I don't thing this is a partisan or Obama issue, I'm sure Bush and Clinton and Bush Sr, Reagan, Carter, Ford, Nixon, Johnson, Kenendy? Ike? Truman, FDR? Hoover, Wilson, Coolidge? Harding! Wilson, Taft? Would have done the same thing... Good god, were really on tilt, aren't we? I feel pretty sure that Teddy Roosevelt wouldn't have. Hrm.

Anyway, I discount that BP would give 20 bills just to get the dogs off, I think they have their own dogs. But if we keep digging, I suspect we can find out what they're getting. I'm guessing it's oil, more n twenty billion worth.

ETA: I see that iPad decided to rename Tony Hayward "tiny" I think I'll let that one stand ;)

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Sunday, June 20, 2010 4:01 AM

KWICKO

"We'll know our disinformation program is complete when everything the American public believes is false." -- William Casey, Reagan's presidential campaign manager & CIA Director (from first staff meeting in 1981)


Quote:

3), they don't care about the long term. BP execs today care about today. If today is going to be bad in order to make tomorrow good, then its better to be out of there yesterday. No one will pay twenty to get two, even two a year, because they start out losing twenty, and the guys who lose the twenty are the current guys, who will be gone in a year or two, and someone else will be getting the two a year.



You've just made the case that capitalism can never work.

Is that what you meant to say?

>
"I think playing golf during a war just sends the wrong signal."


On this matter, make no mistake. I want you to go fuck yourself long and hard, as well as anyone who agrees with you. I got no use for you. --Auraptor

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