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That Gulf of Mexico oil spill 2 years on

There will be few who will not recall the photos of vast areas of oil spreading out across the Gulf of Mexico - aside from the death of personnel on the oil rig itself - as a consequence of an explosion and huge oil-spill from a BP oil rig 2 years ago.

The residual effects from the spill continue, as this piece in The Nation details.   Of concern is that a settlement reached with BP remains deficient in addressing all issues arising from the spill.

"On February 27, US District Court Judge Carl Barbier was to hear opening arguments against BP, Transocean, Halliburton and all the companies involved in the disaster. The case consolidates virtually every civil charge brought against the companies by individuals, business and property owners, and the federal and state governments. It is the most complex and significant environmental litigation in history. As this article goes to press it seems unlikely that the plaintiffs will ever get their day in court. Instead, the judge has issued continuances to allow more time for a series of settlement deals to be negotiated.

As information about the settlement negotiations comes to light, several critical issues are not being adequately addressed—including the human health crisis brought on by the disaster.

Many people whose health was adversely affected by the spill would be excluded. The Medical Benefits Settlement covers about 90,000 people who are qualifying cleanup workers (out of an estimated 140,000) and 110,000 coastal residents living within one-half to one mile of the coast (out of a coastal population of 21 million). Although it would cover “certain respiratory, gastrointestinal, eye, skin and neurophysiological” conditions, it excludes mental health and a host of physical ailments, including cancers, birth defects, developmental disorders and neurological disorders including dementia.

The proposed settlement provides a health outreach program and twenty-one years of health monitoring—but not healthcare. If “nonspecified” ailments occur in this time frame, the patient must sue BP and prove causality to receive a settlement. Accepting the settlement also means forgoing the right to sue BP for punitive damages. BP estimates its total remaining liability for individuals and businesses at $7.8 billion—a lowball figure for many reasons, and much less than would be necessary if large numbers of people do suffer cancers and other chronic diseases as a result of the spill.

Also excluded from any settlement are 194,000 individuals and businesses who accepted one-time final payments from the Gulf Coast Claims Facility (GCCF), which was established by BP on June 16, 2010, to comply with the Oil Pollution Act’s mandate that it fully compensate victims of the spill. Unable to afford to wait out a legal process, 95,000 people accepted payments of $5,000, and 45,000 accepted payments averaging $15,000, agreeing to give up their right to sue BP or any of the companies for any reason, including any harmful health effects. GCCF administrator Kenneth Feinberg was “dubious” about health complaints, as he told the Times-Picayune in September. He went on to question whether cleanup workers suffering from respiratory conditions “are going to be able to provide any support medically or occupationally for the proposition that they’re entitled to get paid. We’ll see.” In the end, except for claims from those injured on the Deepwater Horizon, the GCCF did not honor a single request for compensation related to health concerns."

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