What Can You Learn from the Gulf Oil Spill?

The recent oil spill has raised huge environmental issues and a lot of speculation about legal consequences from environmentalists and criminal attorneys alike

According to news reports, it is just a matter of time until Federal investigators file criminal charges against one or more of the companies involved in the Gulf of Mexico spill. That means that penalties might very well exceed the current $75 million cap on civil liability. There is no cap on criminal penalties. Thus the consequences for the companies and their officials can be enormous, as criminal lawyers explain.

Criminal Charges Do Not Require Showing Intent

The Miami Herald offered this report:

"There is no question there'll be an enforcement action," said David M. Uhlmann, who headed the Justice Department's environmental crimes section for seven years during the Clinton and Bush administrations. "And, it's very likely that there will be at least some criminal charges brought."

Such a likelihood has broad legal implications for BP and the two other companies involved - not the least of which is the amount of money any responsible party could be required to pay. The White House is asking Congress to lift the current $75 million cap on liability under the Oil Pollution Act of 1990, but there's no cap on criminal penalties. In fact, prosecutors in such cases can seek twice the cost of environmental and economic damages resulting from the spill.

Under the Federal Clean Water and Air Acts and other legislation, even an accidental spill of this size can lead to charges of misdemeanor negligence charges. Legislation protecting migratory birds offers prosecutors very broad discretion, as Florida defense attorneys can tell you.

Where Will the Blame Be Laid?

As the Miami Herald report continued: "If it happens, then you can charge it," said William Carter, a former federal prosecutor of 14 years who headed the environmental crimes section for the Los Angeles U.S. attorney's office. "There's no intent required."

Fingers are being pointed. BP officials have gone on the record stating that the explosion was due to equipment owned by Transocean. The question of Halliburton’s work on cementing the Deepwater Horizon drill hole has also been raised. Halliburton and Transocean officials are not commenting publicly, probably advised to remain silent by their legal counsel.

What Would You Do If It Were YOUR Firm?

What would you do if your firm were to be charged with violating environmental protection laws, be they federal or state? As soon as you suspect your firm may be so charged, you need to consult with a Miami criminal attorney experienced in these cases. Early intervention could possibly result in lesser charges and the strongest defense possible.