The BP oil spill disaster, also known as the Deepwater Horizon oil spill, which occurred from April through June 2010, was the second largest oil spill in the world’s history and the largest accidental oil spill in the world’s history. The Deepwater Horizon oil spill is second in size only to the intentional spill that occurred in the Arabian Gulf/Kuwait during the Persian Gulf War.
The Deepwater Horizon spill has resulted in a staggering number of claims. The spill also led to a lawsuit against BP by the United States Department of Justice and private plaintiffs. The first phase of the trial occurred over eight weeks from February through April 2013. It focused on whether BP, Transocean, Ltd., and Halliburton engaged in gross negligence, resulting in the Deepwater Horizon spill. Judge Carl J. Barbier presided over the first phase of the trial, and he has not yet ruled on whether BP, Transocean, Ltd., and Halliburton were grossly negligent in causing the spill.
The second phase of the trial began on September 30, 2013. Judge Barbier is also presiding, without a jury, over the second phase. The second phase of the trial focuses on attempts to stop the spill, or source control, as well as the size of the spill. Transocean, Ltd., and Halliburton are, ironically, now aligned with the United States Department of Justice as plaintiffs. Transocean, Ltd., and Halliburton are asserting that BP could have stopped the spill earlier by capping the well sooner. BP’s failures at source control, argue Transocean, Ltd., and Halliburton, thereby increased the amount of oil spilled into the Gulf of Mexico. BP’s failures at source control should thereby limit the financial liability of Transocean, Ltd., and Halliburton, their attorneys argue.
With regard to the size of the spill, the United States Department of Justice put on several key witnesses. One such witness was Mohan Kelkar, a professor of petroleum engineering at the University of Tulsa. Mr. Kelkar testified that between 4.5 and 5.5 million barrels of oil were released into the Gulf of Mexico over approximately three months. For reference, a barrel of oil contains 42 gallons. Mr. Kelkar’s calculations were based on the size of the physical Macondo reservoir, estimates of the amount of oil in the Macondo reservoir, and pre- and post-spill pressure readings.
Similarly, another key witness for the United States Department of Justice, was Mehran Pooladi-Darvish. Mr. Pooladi-Darvish is Vice President of Engineering at Fekete. Fekete is an oil reservoir engineering consulting firm. Mr. Pooladi-Darvish testified that between 5 million and 5.3 million barrels of oil were released in the Gulf of Mexico.
The United States Department rested its case on October 9, 2013.
Through the years since the spill, BP has maintained that only significantly less barrels were released than the United States Department of Justice contends. On October 10, 2013, BP began its defense of the second phase of the trial. One of its key witnesses, Martin Blunt, took the stand. Mr. Blunt is an assistant professor of petroleum engineering at Imperial College in Great Britain. Mr. Blunt testified that only 3.26 million barrels were released. Mr. Blunt attempted to discredit the testimony of Mr. Kelkar and Mr. Pooladi-Darvish by arguing that the latters’ estimates failed to account for the unique geology of the Macondo reservoir.
Depending upon the degree of negligence found by Judge Barbier and the size of the spill, BP could face fines of between $2.7 and $18 billion. The amount of penalties and fines levied against BP will be determined during the third phase of the trial, which will occur next year. If you have any questions about your rights pertaining to the Deepwater Horizon oil spill, Barrett Law PLLC can be reached at (800) 707-9577.