Everything But The Weed

Approved by:
Linda Maze, a Wedding photography Gainesville FL in Gainesville Florida

There seems to be a great deal of conflicting information about the status of the $20 billion oil spill compensation fund, the status of oil spill claims being made and whether those affected business need to start filling out paperwork or calling oil spill lawyers.  While the President and other federal government officials and British Petroleum tout the oil spill compensation as a great victory over the oil giant in their fight for the Gulf Coast residents legal rights.   But recent comments by Alabama Attorney General Troy King show grave concern over the fairness of the oil spill claims process for their residents.  Kenneth Feinberg, the White House’s appointee to oversee the oil spill compensation and damages fund, has had to fend off the conditions of the compensation fund to the Attorneys general of the affected states in the last week.   Alabama’s and Mississippi’s Attorneys General have been the most vocal; they and other state’s chief lawyers weren’t consulted until after the 9^th draft of the agreement between British Petroleum and the federal government.  Alabama Attorney General Troy King called the deal “collusive (with British Petroleum ) at best and contrary to the public interest at worst”. 

Kenneth Feinberg has held press conferences and town hall meetings telling individuals and businesses they don’t need oil spill lawyers to receive money from the Gulf Coast oil spill compensation fund, but do they need an attorney to make sure they aren’t signing their rights away for that check?   One of the greatest concerns in the claims process is that those receiving compensation funds will have to sign a waiver against future legal claims.   Even if the leaking well is stopped in the next few days, the complete extent of the damage for major industries, such as fishing, won’t be known for 3 – 5 years, maybe more.   The claims process created by the Obama administration involves a release of liability against any claims from damages occurring after the affected party has received their settlement.

In the first few days after his appointment, Feinberg stated that if people start the claims process and then decide to retain oil spill lawyers and file a lawsuit he hasn’t done his job.  That commitment is admirable, but how will his version meet the expectations of the tens or even hundreds of thousands of people whose livelihoods have been interrupted?   That greatly depends on what those expectations are; for those thinking about just getting enough money to pay immediate bills, the answer is yes.  For those that are thinking longer term, there are still too many unknowns.  It’s not going to be enough just to stop the oil; the clean up needs to be complete before economic recovery can even be changed.   Feinberg has been adamant in recent days that within months of his office taking over operation of the compensation fund, they will be making full settlement offers.   For those in the fishing, property rental or tourism industries how can they possibly know the extent of the damage to their business without knowing what next year’s season will be like?   And if taking  that early claims settlement waives legal rights even against damages that have already occurred but can’t yet be measured, just exact whose job has Mr. Feinberg done, British Petroleum’s or the victims’?