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Started By
Message
my basic idea on settlements
Posted on 5/28/10 at 7:27 pm
Posted on 5/28/10 at 7:27 pm
BP has to pay for ALL the cleanup. This must be done in a specified time frame. If it is not done in that time frame then the penalty will be 1m$ per day until completed. The state has the right to step in at any time to assist in cleanup with BP reimbursing the state.The state is also awarded 1b$ in damages. This money will be put in a dedicated educational trust fund and the interest used to give ALL teachers in La. a pay raise so we can attract the best teachers in the country. The legislature can never touch the principle.
Every charter boat captain,commercial fisherman,marina owner,hotel,resturant,bait shop etc. submits a 3 year tax return to determine their average yearly income. BP must agree to pay these people that sum plus an aggravation fee of some amount regardless if they made money or not for 10 years guaranteed. Another 10 year option will be extended if the oil is still effecting their business.
Every citizen who has a salt water fishing license gets $20000 for lost of use.
Any damage done to a boat motor or outdrive and verified by a certified mechanic BP is to pay for repairs.
BP is also made to give the state a 2.5% royalty off all the production in this lease. This money can be used for capital improvements thruout the state.
I know i left some people out but this is just the basics. Well you get the idea. And i know your going to say BP will never agree to something like this. But my answer is a company that is making billions and has committed such gross negligence is not in a very good position to argue. The damages are going to be huge and Louisiana and its citizens should be made whole.
Every charter boat captain,commercial fisherman,marina owner,hotel,resturant,bait shop etc. submits a 3 year tax return to determine their average yearly income. BP must agree to pay these people that sum plus an aggravation fee of some amount regardless if they made money or not for 10 years guaranteed. Another 10 year option will be extended if the oil is still effecting their business.
Every citizen who has a salt water fishing license gets $20000 for lost of use.
Any damage done to a boat motor or outdrive and verified by a certified mechanic BP is to pay for repairs.
BP is also made to give the state a 2.5% royalty off all the production in this lease. This money can be used for capital improvements thruout the state.
I know i left some people out but this is just the basics. Well you get the idea. And i know your going to say BP will never agree to something like this. But my answer is a company that is making billions and has committed such gross negligence is not in a very good position to argue. The damages are going to be huge and Louisiana and its citizens should be made whole.
3
Posted on 5/28/10 at 7:38 pm to LSUPEPPER
quote:
Any damage done to a boat motor or outdrive and verified by a certified mechanic BP is to pay for repairs.
?? How does a small amount of oil in the water damaging saltwater motors?
Posted on 5/28/10 at 8:12 pm to LSUPEPPER
you have never heard of the " no ex post facto" clause in the Constitution? You cannot make laws up on the fly at your convinience is what it means.
Posted on 5/28/10 at 9:07 pm to LSUPEPPER
1. Why is BP automatically liable? If it's because of their status as operator of the rig, what is your legal basis for adjudicating them liable without first seeing where the facts lie?
2. As to the "educational fund:" what relation does this situation have to education. FYI, a remedy must be related to the damages caused. As far as I can see, any effects related to oil in the gulf are entirely irrelevant to Louisiana's inadequate public education system.
3. As to charter boat captains, commercial fisherm[e]n, marina owner[s], hotel[s], "resturant[s]," and bait shops, etc. First, why is a three year average an appropriate method by which a remedy based on income should be calculated? Second, are you aware that in order to recover damages for lost income in the 5th Circuit, a person must be able to show that they have suffered damage to a proprietary interest? Also, are you aware of the rate at which rooms are currently renting along the Louisiana coast? Regarding the "aggravation fee," that would not work considering the fact that there must be an actual injury before a person can recover.
4. If a fishing license costs no more than $50/year, do you really think anyone in possession of one would, in any event, be entitled to $20,000 for "'lost' of use?" Any ascertainment of damages in the amount of $20,000 for "lost' of use" related to a fishing permit is entirely speculative and is not based on any reasonable calculation for which damages could be determined. Again, to recover for lost profits (or, as you describe it "'lost' of use") the person seeking recovery must demonstrate damage to a proprietary interest of theirs.
2. As to the "educational fund:" what relation does this situation have to education. FYI, a remedy must be related to the damages caused. As far as I can see, any effects related to oil in the gulf are entirely irrelevant to Louisiana's inadequate public education system.
3. As to charter boat captains, commercial fisherm[e]n, marina owner[s], hotel[s], "resturant[s]," and bait shops, etc. First, why is a three year average an appropriate method by which a remedy based on income should be calculated? Second, are you aware that in order to recover damages for lost income in the 5th Circuit, a person must be able to show that they have suffered damage to a proprietary interest? Also, are you aware of the rate at which rooms are currently renting along the Louisiana coast? Regarding the "aggravation fee," that would not work considering the fact that there must be an actual injury before a person can recover.
4. If a fishing license costs no more than $50/year, do you really think anyone in possession of one would, in any event, be entitled to $20,000 for "'lost' of use?" Any ascertainment of damages in the amount of $20,000 for "lost' of use" related to a fishing permit is entirely speculative and is not based on any reasonable calculation for which damages could be determined. Again, to recover for lost profits (or, as you describe it "'lost' of use") the person seeking recovery must demonstrate damage to a proprietary interest of theirs.
This post was edited on 5/28/10 at 9:11 pm
Posted on 5/28/10 at 9:17 pm to Stud
i'm no fricking lawyer i'm just pissed. my family and another had a house rented in Grand Isle starting saturday for 2 weeks to go fishing. Now we get to go to big lake... whoopie shite. i was just taking out my frustration.
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