NewsHour Segment: Can Obama Require BP to Form an Escrow Fund?

Steve Yerrid, a Florida trial lawyers, and I discuss this with Ray Suarez on the NewsHour.  Bottom line: the answer isn’t very clear, although OPA sec. 1005(a) does require BP to establish a process for “the payment or settlement of claims for interim, short-term damages” that might encompass an escrow and independent decision-makers.  It will be interesting to see what kind of legal argument the Administration is able to put together in support of their power to mandate an escrow fund.

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About Dan

Dan Farber

Dan Farber has written and taught on environmental and constitutional law as well as about contracts, jurisprudence and legislation. Currently at Berkeley Law, he has al…

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