On the White House blog, communications director Dan Pfeiffer weighs in on the question of whether and how BP will be held accountable for the damage they've caused:
BP is responsible for -- and will be held accountable for – all of the very significant clean-up and containment costs. They will pay for the mess they’ve made.
Beyond clean-up and containment, BP must be held responsible for the damages this spill causes. To help make sure of that, the Administration – in the context of a comprehensive energy bill which would help move us to a clean energy future -- strongly supports efforts on Capitol Hill to raise the Oil Pollution Act damages cap significantly above $75 million.
Currently, under the Oil Pollution Act, if BP is found to be grossly negligent or to have engaged in willful misconduct or conduct in violation of federal regulations, then there is no cap under this specific law for damages. Simply put, the $75 million cap on damages under the Oil Pollution Act would not apply under these circumstances.
Right now, this crisis is still very much unfolding so it will take time to determine what caused this spill and the extent of the damage that can be claimed under this one law. Changing the Oil Pollution Act so that its cap does not limit our ability to collect damages would increase our chances of collecting adequate compensation. In addition, we are examining what fines or damages BP could be liable for under additional applicable federal and state laws.
The bottom line is that the Administration will aggressively pursue compensation from BP for any damages from this spill.
First and foremost, Pfeiffer underscores BP's unquestioned obligation to pay for all clean-up and containment costs, which could end up being the most expensive aspect of this spill.
Pfeiffer also acknowledges the challenge posed by the Oil Pollution Act's $75 million cap on economic liability damages, but makes it clear that the administration will not passively accept that $75 million cap as the final word on BP's obligation to pay economic damages. He not only says that the administration will explore all available laws (including state laws) to hold BP accountable, but he also adds that the administration supports legislative action that would ensure the liability cap under the Oil Pollution Act doesn't protect BP.
That is a reference to legislation introduced yesterday by Robert Menendez that would raise the liability cap to $10 billion. Today, Menendez made it clear that his legislation would apply retroactively, and therefore cover BP and its most recent mishap. AP's Matthew Daly:
WASHINGTON -- A Democratic senator says legislation to raise the liability limit for the Gulf Coast oil spill can apply retroactively.
Sen. Robert Menendez of New Jersey is co-sponsoring a measure to raise to $10 billion the liability BP PLC has to pay for damages such as lost wages and economic suffering in the Gulf Coast spill. The current liability limit is $75 million, an amount Menendez called a "drop in the bucket."
Menendez said Tuesday he was confident that the measure could apply retroactively. He cited the Superfund law that forced companies to pay for previously polluted hazardous waste sites.
With the White House on board, it would be great to see Congress move this legislation sooner rather than later. And if Republicans want to let them filibuster...so be it. Make our day.