Well, It’s About Time! Justice Department Sues BP
Posted: December 15, 2010 Filed under: Gulf Oil Spill, New Orleans | Tags: BP oil spill, Eric Holder, Justice Department 27 CommentsFinally! The Justice Department (PDF) is suing BP and eight other companies over the Gulf oil spill. From the Financial Times
BP faces penalties of $21bn-plus if found fully liable for damages in a lawsuit over the oil accident in the Gulf of Mexico launched by the US government on Wednesday.
Any damages would be on top of the $20bn (£17bn) BP has agreed to pay into a fund to compensate people on the Gulf coast who have suffered financially because of the spill. The final damages figures depend on the US government’s ability to prove gross negligence.
[….]
The US Department of Justice announced that it was suing BP, along with Anadarko of the US and Mitsui of Japan, its partners in the disastrous Macondo well; Transocean, the owner of the Deepwater Horizon drilling rig; and the QBE syndicate 1036 at Lloyd’s of London, which insured the rig.
Eric Holder, the US attorney-general, said: “We intend to prove that these defendants are responsible for government removal costs, economic losses and environmental damages without limitation.”
The lawsuit alleges that safety and operating regulations were violated in the period leading up to April 20.
It says that the defendants failed to keep the Macondo well under control during that period and failed to use the best available and safest drilling technology to monitor the well’s conditions. They also failed to maintain continuous surveillance and failed to maintain equipment and material that were available and necessary to ensure the safety and protection of personnel, equipment, natural resources and the environment, the suit charges.
Before Wednesday, potential class-action lawsuits had been filed in the Gulf oil spill by fishing and seafood interests, the tourism industry, restaurants and clubs, property owners losing vacation renters — even vacationers who claim the spill forced them to cancel and lose a deposit. So far, more than 300 suits have been spawned by the spill and consolidated in federal court in New Orleans.
Specifically, according to the Christian Science Monitor,
The complaint seeks to enforce provisions of the Oil Pollution Act, which government lawyers say provides for open-ended liability for pollution removal costs and other damages.
The lawsuit alleges that the companies failed to take necessary precautions to keep the oil well under control in the period leading up to the explosion. The companies also failed to rely on the best available and safest drilling technology, the suit says.
In addition, the companies are accused of failing to maintain continuous surveillance of the drilling operation and failing to ensure the safety and protection of workers, equipment, natural resources, and the environment.
The suit also seeks civil fines under the Clean Water Act for the oil that poured into the Gulf after the explosion.
The civil suits will be going on at the same time as the Justice Department’s criminal investigation.
The Justice Department is “at a different stage” with its criminal investigation compared with the civil case, Holder said. “We are moving as quickly as we can” on the criminal investigation, said Holder, who didn’t give any timetable for when it might conclude.
The Blog of the Legal Times notes the difficulty posed by running parallel criminal and civil legal actions:
The suit filed today in the U.S. District Court for the Eastern District of Louisiana comes amid an ongoing criminal investigation of the oil spill, which followed an explosion and fire in April that killed 11 workers.
The suit thrusts the government into the sometimes challenging world of parallel criminal and civil proceedings. The Justice Department also said in the complaint it reserves the right to conduct administrative proceedings against the defendants.
“It is difficult to have parallel proceedings going on at the same time,” said Attorney General Eric Holder Jr., addressing reporters this afternoon at Main Justice. “We need to be careful to make sure that we don’t do anything that violates any of the rules that we have to follow on the criminal side while at the same time proceeding on the civil side. It’s been a little tricky.”
Today was the final day to sue for damages caused by the BP oil spill.
The lawsuit makes it possible for the federal government to seek billions of dollars in penalties for polluting the Gulf of Mexico, beaches and wetlands, and reimbursement for its cleanup costs. More than 300 lawsuits filed previously by individuals and businesses, and now consolidated in the New Orleans federal court, include claims for financial losses and compensation for the families of 11 workers killed in the blast.
The judge overseeing those lawsuits had set Wednesday as the deadline to file certain types of complaints, though it was unclear whether the government was bound by that time frame.
“The Justice Department has left its options open to argue that there was gross negligence and therefore should be higher penalties,” said David Uhlmann, a law professor at the University of Michigan who headed up the Justice Department’s environmental crimes section for seven years. “The government has not limited itself in any way with the filing of its civil lawsuit.”
My main question is where will the money go if the suits are successful? Will the people in the Gulf states receive any compensation from damages paid to the government? I certainly hope so.
Only Bad lawyers and the Certifiably Insane wind up in Congress
Posted: December 15, 2010 Filed under: We are so F'd | Tags: Federal Reserve Bank, Financial Crisis of 2007, Obama-McConnell tax breaks extention, Politicians are Crazy, Ron Paul and other Flat earthers, Spencer Bachus, START 61 Comments
I went to Memorandum today to see what was up with the votes on the DADT repeal, the Tax Giveaways to Billionaires Act, and the START treaty. It’s one of the first places I go in the day because it usually groups the day’s relevant economic and political topics and it covers blog reactions from all sides of the political spectrum. I just wanted to know when the votes would be. What I saw was a bunch of headlines that lead to the thought you see above. I don’t even know where to start with this conglomeration of links, but they all seem connected to my hypothesis above.
It’s not that all of us outside the Beltway don’t recognize that there’s very few real people with functional brains in Congress. The proof for that is right there in the middle of the Memorandum page too.
From Gallup Polls:
Congress’ Job Approval Rating Worst in Gallup History :
Thirteen percent approve of the way Congress is handling its job
That headline is coupled with this one from WAPO: Washington Post-ABC poll: Public is not yet sold on GOP
From The Hill: DeMint will force readings of START Treaty and omnibus bill
For some reason, the 2000 pages of the Tax Bonuses for Billionaires plan isn’t germane to discussions of deficits and national security but the START treaty and the ominibus spending bill are fodder for ideological temper tantrums.
From TPM: Kyl: Reid Disrespecting Christians By Suggesting Post-Christmas Senate Votes
(Psst Kyl: the Reason for the Season is Mithros’ the Bull God’s birthday. Read your Roman History. The reason for Sunday services is The Sun God. Read your Roman History. You were had a long time ago by Constantine and the Nicene Council. Read the historical records of the Council set up by Constantine to establish a Roman religion and get off your friggin, butt and do your job!)
Oh, speaking of mythology, try THIS one on for size from the NYTimes: G.O.P. Panelists Dissent on Cause of Crisis. I’m going to spend some time on this because it’s just the best example of what is wrong with POLITICIANS. Congress was completely duplicitous in the crisis and yet, all the want to do is blame Federal Regulators.
Democrats have emphasized factors like fraudulent practices by mortgage lenders and reckless risk-taking by Wall Street banks and other financial institutions, while Republicans have focused on poor oversight of Fannie Mae and Freddie Mac, the entities that supported the secondary market for mortgages, and decades of government efforts to encourage homeownership.
“While the housing bubble, the financial crisis, and the recession are surely interrelated events, we do not believe that the housing bubble was a sufficient condition for the financial crisis,” the document states. “The unprecedented number of subprime and other weak mortgages in this bubble set it and its effect apart from others in the past.”
Unbelievable. Yes, that happened. Yes, it was a problem. But what drove the demand for subprime and weak mortgages was the demand for those wacky unregulated credit derivatives. It was all part of the same pattern of negligence and wishful thinking. You can’t unlink the systemic problems and the symptoms. Fannie and Freddie got into those things and drowned, but it wasn’t exactly their idea to begin with. Congress should’ve stopped them from going there. But the driving factor was still the demand for credit derivatives. Every institution was churning those things out in this country and in others. The delusion is worse than I thought.
From Yves at Naked Capitalism:
This whole line of thinking is garbage, the financial policy equivalent of arguing that the sun revolves around the earth. Yes, the US and other countries provide overly generous subsidies to housing, and curtailing them over time would not be a bad idea. But that’s been our policy for decades. Calling that a major, let alone primary, cause of the crisis, is simply a highly coded “blame the poor” strategy, In reality, both the runup to the crisis and its aftermath were on of the greatest wealth transfers from the citizenry at large to a comparatively small group of rentiers in the history of man. (If you want to read the long form debunking of this thesis, go straight to Barry Ritholtz, a Republican who has shredded this brand of class warfare, or as he calls it, “one giant clusterfuck of imbecility,” repeatedly on his blog.)
The intent is pretty transparent: to discredit an effort at fact finding into the roots of the crisis, what was hoped to be a Pecora Commission, by making it appear partisan and launching an alternative narrative to muddy the waters. And the reason is clear. Even though FCIC is certain not to have the same effect that the Pecora Commission did, of discrediting major financial services industry figures and exposing various forms of chicanery, it appears that even lesser forms of criticism of the banksters must be sandbagged (the bizarre part of this drama is that at least some Democrats and very selectively, Republicans in office are willing to call out the predatory, extractive behavior of the large banks. But no one has the guts to buck an industry that is a major paymaster in a very serious way).
Experts agree that while Fannie and Freddie and the federal government’s push to encourage homeownership played a significant role in causing the crisis, actions by Wall Street magnified the fallout and caused a crisis that led to the Great Recession. Economists from the Federal Reserve, as well as bank regulators first appointed by Republicans, agree that the Community Reinvestment Act played virtually no role in causing the financial crisis.
But the Republicans’ report will largely focus on the role played by the federal government. It will note that a crisis was averted after the government bailed out Bear Stearns and facilitated its absorption by JPMorgan Chase, according to people familiar with the matter. The crisis roared back after the government allowed Lehman Brothers to fail, scaring nervous investors. A bigger and more protracted downturn was avoided when policy makers essentially bailed out the entire financial system.
Exactly. It’s never EVER been the Community Reinvestment Act and to even insert it into the report is odious and false. I never got how the CRA got connected to the Fannie/Freddie mess from the outset other than through political memes. I remember getting blog wacked by some from the left because I said Fannie and Freddie were part of the problem. I never ONCE mentioned the CRA; only that Frannie and Freddie did what all the financial instituions did except on a much larger scale. They packaged and sold poorly underwritten mortgages that were eventually going to make some one homeless sooner or later. Fannie and Freddie’s roll was complicit and huge only because of their size and importance in the mortgage market. They’d have never dreamed of doing what they did if it wasn’t for the fact they could package and sell the things–just like Countrywide and a bunch of other now defunct private entities–to stupid investors who were mislead by high ratings and the belief that due diligence was done on mortgage underwriting. The deal is that Congress could’ve stopped all of that–especially Fannie and Freddie–but they did nothing. They could’ve prevented the underwriting of many of those predator loans.
Couple that with this travesty via the Birmingham News and AL.com.
Bachus, in an interview Wednesday night, said he brings a “main street” perspective to the committee, as opposed to Wall Street.
“In Washington, the view is that the banks are to be regulated, and my view is that Washington and the regulators are there to serve the banks,” he said.
…
In his quiet campaign for the chairmanship, Bachus promoted an agenda to end taxpayer subsidies for mortgage giants Fannie Mae and Freddie Mac, repeal those parts of the Wall Street reforms that he thinks still leave the door open for taxpayer bailouts of financial institutions or their creditors, and increase oversight of President Barack Obama’s administration.
Then, we have Congressman Out-of-touch-with-reality Ron Paul who will be in charge of the subcommittee in Congress that deals with the FED. This is another example of putting some one in charge of oversight that want’s to just plain abolish the reality. He’ll be so stuck in ideologue land that oversight will just go by the way side. It’s like putting a Flat Earther in charge of NASA.
In a move that may seem to some like putting the fox in charge of the hen house, Rep. Ron Paul (R-Texas) has been named to head the House subcommittee that oversees the Federal Reserve.
Paul, 75, is a longtime critic of the central bank and, as Bloomberg pointed out, has even written a book called “End the Fed.” He will lead the domestic monetary policy subcommittee of the House Financial Services panel.
In announcing Paul’s appointment Thursday, chairman-elect Spencer Bachus (R-Ala.) said the Texan would add to the team that “crafted the first comprehensive financial reform bill to put an end to the bailouts, wind down the taxpayer funding of Fannie Mae and Freddie Mac, and enforce a strong audit of the Federal Reserve.”
Paul told Bloomberg last week he plans to call for hearings on U.S. monetary policy and will continue to press for a full accounting of the Fed’s functions. In the past, Paul has introduced legislation to abolish the central bank.
There are a lot of people realizing that Congress is not acting in the interest of the American people. The American Interest journal has a series of articles–including an important one on Income Inequality by Tyler Cowen–on
inequality and democracy. The front page of the Magazine–featured and linked to on the right–asks the most relevant question I can think of today. “Are Plutocrats Drowning our Republic?” A subsidiary question could well be “Why is every one in Congress intent on helping them do it?”
Congress did not get the message from this election. Here’s a clue from another link at that AI site. They just seem intent and recreating the same scenarios and the same problems over and over and over again.
Many Americans are still furious that their government helped the rich and politically connected few while leaving the rest hung out to dry. The government bailed out Wall Street financiers who live in the top tenth of the top hundredth of the income distribution. Meanwhile, almost one quarter of families with mortgages remains stuck with negative equity in their homes.
Let’s return to that bit on the Republicans on the crisis panel. I’ll borrow some analysis from Paul Krugman in his blog thread: ‘Invincible Ignorance’.
So Republican members of the Financial Crisis Inquiry Commission are going to issue their own report, placing primary blame on the government — because it’s always the government’s fault.
And according to reporting at the Huffington Post,
all four Republicans voted in favor of banning the phrases “Wall Street” and “shadow banking” and the words “interconnection” and “deregulation” from the panel’s final report, according to a person familiar with the matter and confirmed by Brooksley E. Born, one of the six commissioners who voted against the proposal.
Yep. It was all Fannie and Freddie, which somehow managed to cause housing bubbles in Ireland, Iceland, Latvia, and Spain as well as the United States; and the repo market had nothing to do with it.
And bear in mind that this wasn’t one Republican; it was all of them.
We consistently get people in congress that appear to live in a reality of their own making. They ignore science. They ignore history. They ignore economics. They ignore nearly everything to push partisan power, curry favor with the donor and the bonus class, and spin tails to deluded followers that have no basis in fact, evidence, or theory. They even run campaigns based on denying scientific theories that are well prove–like evolution–and promoting failed hypothesis–like all of Reaganomics–even when the majority of people who would know try to give them the facts.
What is it about our political process that seems to put policy in the hands of complete whack jobs and unemployable lawyers? My one dash at the Nebraska Unicameral convinced me that only pathological narcissists and liars and ideologues capable of denying reality can get through the process. Those folks are surrounded and supported by equally pathological narcissists, liars, and ideologues and they’re all bought up by a plutocracy that pays to play.
We are so F’d. I am so frightened for and disheartened about the future of this country. How is it that Congress can get such low approval numbers but go right back to ruining the country in the same manner post-elections? Both parties have their on unique style that achieves the same end. What can we do to stop this? It has to be the gerrymandered districts and the money. But, how can we change the laws when the foxes are in charge of all the hen houses?
UPDATE: Senate approves tax cut deal; House Dems weigh amending estate tax
The Senate on Wednesday approved a sweeping tax package negotiated by the White House and congressional Republicans, and House leaders – who were looking to amend the measure in a way that would satisfy liberals without unraveling the deal altogether – said a House vote could follow as soon as Thursday.
The Senate passed the package by a vote of 81 to 19.
Before senators began debating the $858 billion package in late morning, President Obama urged lawmakers in both houses to pass it “as swiftly as possible.” He called the plan “an essential ingredient in spurring economic growth over the short run.”
Speaking before a meeting with business leaders, Obama said: “I am absolutely convinced that this tax cut plan, while not perfect, will help grow our economy and create jobs in the private sector.” He acknowledged that lawmakers of both parties object to different aspects of the plan but said, “That’s the nature of compromise.” He added that “we can’t afford to let it fall victim to either delay or defeat.”
In other news: Obama announces his Faith Based VooDoo economics initiative based on advice from the ghost of Ronald Reagan … We are still so F’d.
that is all.
The Anti-War Movement is starting to Move Again
Posted: December 14, 2010 Filed under: Action Memo, Anti-War | Tags: anti-war, peace protest 17 CommentsMy partner and I were going to a social function last Saturday, leaving our sodden and flooded farm for a few hours and driving through the gloom of a raging downpour. On the corner outside our little town was the sign guy. This gentleman appears at odd intervals with a huge sign constructed of two by fours and signboard. The sign asks why the wars haven’t stopped.
The sign guy was standing there, holding up his sign from time to time, absolutely drenched. I said as we turned past, “Next time we see him we’ve got to stop.”
“Why?”
“So, I can find out when he’s going to be out next and go stand with him.”
“Oh, good idea!” I waved and gave a thumbs up as we passed the sign guy, and my partner honked the car horn in approval.
More people than the sign guy remember that we are still involved in two very expensive, very costly, very murderous wars. All of us here know it, and people across the country and the ‘net are starting to wake up again. Obama isn’t going to change a thing, he’s not really anti-war, and it’s time to start protesting… again.
There’s going to be an anti-war protest on Dec 16th in Lafayette park in front of the White House at 10 am. There will be military veterans and leaders of the peace movement giving speeches. I doubt the protest’ll be very big, and I don’t think it’ll get any media attention, but it’ll have happened, and, as Chris Hedges says in his Op-Ed on Truth-out this week, ‘No Act of Rebellion is Wasted‘:.
Hedges’ first paragraph got me choked up, I have to admit. He says,
I stood with hundreds of thousands of rebellious Czechoslovakians in 1989 on a cold winter night in Prague’s Wenceslas Square as the singer Marta Kubišová approached the balcony of the Melantrich building. Kubišová had been banished from the airwaves in 1968 after the Soviet invasion for her anthem of defiance, “Prayer for Marta.” Her entire catalog, including more than 200 singles, had been confiscated and destroyed by the state. She had disappeared from public view. Her voice that night suddenly flooded the square. Pressing around me were throngs of students, most of whom had not been born when she vanished. They began to sing the words of the anthem. There were tears running down their faces. It was then that I understood the power of rebellion.
He goes on to talk about the professors of languages who rebelled in 68 and who were sent to Bohemia to work on the road crews laying tar and grading road beds.
And as they worked they dedicated each day to one of the languages in which they all were fluent – Latin, Greek, Italian, French, Spanish or German. They argued and fought over their interpretations of Homer, Virgil, Dante, Goethe, Proust and Cervantes. They remained intellectually and morally alive.
For a history, language and archaeology geek like me, these words are above inspiring. But go read the rest of the article, and get ready to protest even in the smallest of ways. Because that is what has to happen.
For more information on the December 16th protest, see the website www.stopthesewars.org. I will try to find something local going on that day or at least send a few dollars their way. Maybe the sign guy will be out and I can join him.








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