So are you saying that there is maritime law that specifically make BP liable for paying ALL laid off workers because the gvmt decides to stop deepwater offshore drilling
Or, do you have to do some inventive reading (like lawyers do) to get there...
It would be interesting if you could post something from the statues that you think would make them liable... kind of like a brief you might give a client...
you can start here
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2702. Elements of liability
(a) In general
Notwithstanding any other provision or rule of law, and subject to
the provisions of this Act, each responsible party for a vessel or a
facility from which oil is discharged, or which poses the substantial
threat of a discharge of oil, into or upon the navigable waters or
adjoining shorelines or the exclusive economic zone is liable for the
removal costs and damages specified in subsection (b) of this section
that result from such incident.
(b) Covered removal costs and damages
(1) Removal costs
(E) Profits and earning capacity
Damages equal to the loss of profits or impairment of
earning capacity due to the injury, destruction, or loss of real
property, personal property, or natural resources, which shall
be recoverable by any claimant.
Now , an issue is whether "injury, destruction or loss" are words of specific or general meaning. But clearly impairment of earning capacity is covered.
the only issue is the meaning of "due to" Congress specifically DID NOT use the phrase "caused by" . The effect was to take it out of the narrow tort concepts of causation including foreseeability and proximate cause. My own interpretation is that "Due to" tracks the concept of "cause in fact" .
Technical glitch.
This is why the rationale for stopping drilling is critical. If its operational i.e. we don't have enough response capability to deal with a another spill
its clealry "due to" the spill. If it s a change in teh political acceptance of teh risk of drilling its not "due to"