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BUSINESS
New Orleans

BP to pay for Gulf oil spill crime: A record $4.5B

Rick Jervis, USA TODAY
Fire boat response crews battle blazing remnants of the off shore oil rig Deepwater Horizon in the Gulf of Mexico on April 21, 2010 near New Orleans, La.
  • In comparison, the fine imposed in the 1989 Exxon Valdez oil spill was about $150 million
  • A large chunk of the criminal fines — $2.4 billion — will go to Gulf Coast restoration
  • The energy giant also faces 14 counts of criminal acts, from obstruction of Congress to felony manslaughter

NEW ORLEANS — Keith Jones waited more than two years for the day when those responsible for the death of his son would be brought to justice.

Gordon Jones was a 28-year-old mud engineer aboard the Deepwater Horizon rig when it exploded in April 2010 and sank into the Gulf of Mexico. Ten other crewmen were killed, and well more than 100 million gallons of crude released into the water.

Keith Jones' vindication finally arrived Thursday. The Department of Justice announced that BP, the British energy giant that leased the rig and received most of the blame for the blowout, would pay $4.5 billion in criminal fines and face 14 counts of criminal acts ranging from obstruction of Congress to felony manslaughter.

"For 2 1/2 years, we've wondered when anyone was going to be brought to justice for what happened," Keith Jones said. "If in fact this involves somebody being charged or taking responsibility for the blowout itself, then I think we see it as progress."

Fishers, oil crew workers, property owners and others across the Gulf Coast affected by the BP oil spill lauded Thursday's announcement of fines and criminal charges in the case. The $4.5 billion in fines was the largest-ever criminal resolution in U.S. history, Attorney General Eric Holder said at a news conference in New Orleans.

In comparison, the fine imposed in the 1989 Exxon Valdez oil spill was about $150 million, $125 million of which a federal court ruled Exxon didn't have to pay because of the company's cleanup efforts, according to the Department of Justice.

Holder said criminal inquiries into BP's role in the spill are ongoing, including attempts to recoup civil fines under the Clean Water Act. A large chunk of the criminal fines — $2.4billion — will go to Gulf Coast restoration, he said.

"We have seen the damage to lives and businesses ... that this tragedy has inflicted," Holder said. "Today's resolution does not mark the end of our efforts."

BP, in a statement, reiterated its regret for the loss of life due to the explosion and spill and said the criminal settlement was another step in the company's cooperation with the government.

"From the outset, we stepped up by responding to the spill, paying legitimate claims and funding restoration efforts in the Gulf," Bob Dudley, BP's group chief executive, said. "We apologize for our role in the accident, and as today's resolution with the U.S. government further reflects, we have accepted responsibility for our actions."

For Sam Slavich, a St. Bernard Parish oysterman, the criminal charges and fines are a good sign but do little to return the money his family lost during the spill. About two-thirds of his family's 2,500 acres of oyster beds were ruined, he said.

Slavich said he's still waiting to be fully compensated for the loss. He recently signed on to be part of the class-action lawsuit brought against BP.

"Lawyers can argue and go back and forth," Slavich said, "but it hasn't gotten us paid."

Bigger payouts are likely on the way, said Blaine LeCesne, an associate law professor at Loyola University New Orleans who has been following the case. BP still faces fines from the Clean Water Act and other federal laws, payouts to thousands of fishers and businesses hurt by the spill, fines under the Natural Resources Damage Assessment process and payouts to impacted states, all of which can potentially total more than $40 billion, he said. A federal judge in New Orleans will hear a trial to assess fault in the case in late February.

"BP is facing a very daunting potential financial bill for the remainder of this case," LeCesne said.

Though the criminal charges won't affect upcoming civil suits, it helps to ease the pain of people whose lives were upended by the spill, said Robert Wiygul, an Ocean Springs, Miss., environmental attorney who is representing more than 900 Gulf Coast fishermen, oil workers, tourism businesses, property owners and others affected by the spill.

Some of his clients lost jobs and homes in the spill's aftermath and are still struggling to get back on track, he said.

"This is vindication," Wiygul said. "What happened here was just not run-of-the-mill people being careless. It's something beyond that."

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