The next phase of the BP oil spill trial is set to begin in New Orleans on January 20. This phase follows two other phases, which were focused on which parties were at fault for the spill and how much oil spilled into the Gulf of Mexico. Phase III (the “Penalty Phase”) is focused on the eight penalty factors set out in the Clean Water Act (CWA), which the court must take into account in determining civil liability under the CWA. This has important implications for the 80% of CWA penalties that will be channeled through the RESTORE Act for economic and ecological recovery activities in the Gulf.
The webinar brought together leading experts on the oil spill litigation to discuss the first two phases of the trial, including the court’s ruling that the oil spill was the result of BP’s gross negligence and willful misconduct, and previewed some of the major issues that will be addressed in Phase III.
Jennifer Larino, Business Reporter, The Times-Picayune
Blaine G. LeCesne, Donna and John Fraiche Distinguished Professor of Law, College of Law, Loyola University
Edward F. Sherman, W.R. Irby Chair in Law, Tulane University Law School
Teresa Chan, Senior Attorney, Environmental Law Institute