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Claims warning for BP oil spill victims

Manager of BP oil fund says not all claimants will be paid
Washington (AFP) June 30, 2010 - The prominent US lawyer managing BP's 20-billion-dollar oil disaster fund said Wednesday not all claimants will be paid, especially some of those seeking compensation for falling houses prices. "There's not enough money in the world to pay every single small business that claims injury no matter where or when," Kenneth Feinberg told the House of Representatives Committee on Small Business. "You've got to decide in a principled way... and work out some definition in that regard," he said, while stating his determination to "pay every eligible claim." "I use that famous example of a restaurant in Boston that says, 'I can't get shrimp from Louisiana, and my menu suffers and my business is off.'" Well, no law is going to recognize that claim."

In another example, Feinberg said the fund was not meant to pay out to all home owners whose properties had declined in value. "There's no question that the property value has diminished as a result of the spill. That doesn't mean that every property is entitled to compensation," he said, adding: "There's not enough money in the world to pay everybody who'd like to have money." Feinberg, who also headed a compensation fund for victims of the September 11, 2001 attacks, was tapped by President Barack Obama to administer the 20-billion-dollar fund established by BP earlier this month. He assured lawmakers it would be "totally independent" and said BP "has agreed to supplement this escrow fund as needed to assure full and fair compensation to all individuals and businesses that are found to be eligible for payment." "I'm inclined to begin with the same analysis I did in 9/11," added the leading attorney, who plans to set up procedures for paying claims in the coming weeks.
by Staff Writers
New Orleans, Louisiana (AFP) June 30, 2010
The Obama appointee managing BP's oil spill disaster fund said Wednesday there isn't "enough money in the world" to pay all claims and suggested home owners with plunging property values could lose out.

The warning from prominent US lawyer Kenneth Feinberg came as Hurricane Alex disrupted clean-up operations in the Gulf of Mexico and pushed oil deeper into fragile coastal wetlands and further sullied once-pristine beaches.

Some 413 miles (664 kilometers) of shorelines have now been oiled - nearly double the amount sullied just a day earlier - as oil continues to gush into the sea at an alarming rate 10 weeks into the worst environmental disaster in US history.

Feinberg, tapped by President Barack Obama to administer the 20-billion-dollar claims fund, insisted BP will "pay every eligible claim," but cautioned that many perceived damages may not qualify.

"I use that famous example of a restaurant in Boston that says, 'I can't get shrimp from Louisiana, and my menu suffers and my business is off,'" Feinberg told the House of Representatives Committee on Small Business.

"Well, no law is going to recognize that claim."

Feinberg said he was still sorting out how to deal with indirect claims like hotels that lose bookings because tourists think the beaches are covered in oil, or people who see their property values decline but live several blocks away from an oiled beach.

"There's no question that the property value has diminished as a result of the spill. That doesn't mean that every property is entitled to compensation," he said, adding: "There's not enough money in the world to pay everybody who'd like to have money."

Feinberg, who also headed a compensation fund for victims of the September 11 attacks, assured lawmakers the fund would be "totally independent" and said BP had agreed to top up the escrow account as needed to meet proper claims.

BP has already disbursed over 130 million dollars in emergency payments to fishermen and others affected by the slick. Feinberg said lump sum payments would be offered to claimants once the true extent of the damage is assessed.

"It sure would help if the oil would stop," he told the committee.

An estimated 35,000 to 60,000 barrels of oil a day has been gushing out of the ruptured well since the Deepwater Horizon drilling rig sank spectacularly on April 22 some 50 miles (80 kilometers) off the coast of Louisiana.

Efforts to permanently cap the leak by drilling relief wells continued despite the rough seas which had forced a halt to skimming operations off the coasts of Louisiana, Mississippi, Alabama and Florida.

Two containment ships are continuing to capture the oil at a rate of about 25,000 barrels per day despite seven-foot swells.

But the rough seas have delayed the deployment of a third ship aimed at doubling the containment capacity.

And officials have warned that drilling and containment will be suspended for about 14 days if the spill zone is threatened by a more direct storm hit.

That could delay the completion of the wells until at least September and would dump another between 490,000 to 840,000 barrels of extra oil into the gulf.

Alex was set to make landfall late Wednesday or early Thursday south of the US border with Mexico, possibly as a Category Two hurricane, the Miami-based National Hurricane Center said.

The NHC said at 1800 GMT that Alex's hurricane winds extended outward up to 60 miles (95 kilometers) from the eye of the storm and tropical storm force winds extended outward up to 200 miles (325 kilometers).

The first major storm of the Atlantic season, Alex earlier dumped heavy rains across the Yucatan peninsula, having killed at least 10 people in Nicaragua, Guatemala and El Salvador.



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