Attorney General McCollum today sent a letter to Ken Feinberg expressing
strong objections to the claims process Feinberg has announced to replace
the BP Claims Process which has been in place since the Deepwater Horizon
oil spill. Feinberg takes over the BP claims process on Monday, which will
be known as the Gulf Coast Claims Facility (GCCF). The Attorney General
specifically noted that, despite weeks of efforts by his office and other
attorneys general, the protocol falls far short of even the minimal
protections mandated by the Oil Pollution Act of 1990 (OPA), directly
contradicts many of Feinberg’s own public statements regarding the claims
process, and appears to violate the law.
“The appointment of an independent Administrator of a facility to process
the Deepwater Horizon claims of individuals and businesses was meant to
replace and improve upon the claims process that BP had implemented,” wrote
the Attorney General. “However, the current process appears to be even less
generous to Floridians than the BP process. Such an outcome is completely
unacceptable.”
“As Florida’s chief legal officer, I must again respectfully disagree with
your interpretation of the law applicable to the Gulf Coast Claims Facility
process,” continued the Attorney General. “The GCCF was proposed as an
alternative to the BP claims process, which was seen as lacking credibility
and efficiency. However, the GCCF was never contemplated as a means of
reducing the requirements for an OPA claims process.”
The Attorney General went on to outline several major flaws in the
protocol, including the following issues:
Proximate Causation: The protocol includes language requiring a claimant to
show that his or her damages were “proximately caused” by the oil spill.
This requirement places a heavier burden of proof upon a claimant than is
required by OPA. This ambiguity disserves the public, is contrary to the
goal of obtaining compensation for damages without the need for litigation,
and violates OPA.
Limitation on the Right to File Interim Claims: The protocol proposes a
limitation on the time and ability of claimants to file “interim claims”
with no legal basis for doing so. Interim payments are a required part of
the OPA claims process, and payment of such claims cannot and should not be
at the complete discretion of the administrator.
Refiling of Claims: Today’s announcement of the new protocol indicates
that, although all pending claims previously filed with BP will be
transferred to the Gulf Coast Claims Facility (GCCF) for “review,
evaluation, and determination,” claimants will still be required to refile
their claims with the GCCF using the new 18-page claims form unveiled by
Feinberg today. However, nothing in the protocol itself makes it clear that
such refiling is required. Claimants with pending claims should not and
cannot be required to refile and thus restart the 90-day clock provided in
OPA for processing their claims, especially since BP has admitted delaying
the processing of thousands of claims in anticipation of the GCCF beginning
operations. It is also unclear what will happen if claimants do not refile
their claims.
Emergency Advance Payments
http://www.oysterradio.com e-mail manager@oysterradio.com with comments
No comments:
Post a Comment