At least 232 cases have been filed in state and federal court against BP thus far. Most are proposed class actions representing potentially thousands of commercial fishermen, shrimpers, seafood processors, property owners, and tourism-related businesses who have been harmed by the largest oil spill in U.S. history. Investor lawsuits have also been filed. The suits include claims for personal injury and economic and environmental damages. Additionally, BP faces wrongful death suits brought by family members of the workers killed in the April 20 oil rig explosion. At the request of President Obama, BP has set up a $20 billion fund to compensate oil spill victims. While the fund will help resolve some of the claims, many of the lawsuits are expected to proceed in court.
The spill will likely be the largest environmental case in U.S. history; however oil-spill legislation and general maritime law sets limits on damages. The Oil Pollution Act of 1990 currently caps oil-spill damages at $75 million unless the plaintiff can prove gross negligence, willful misconduct or a violation of federal construction or operating requirements. Furthermore, the U.S. Department of Justice has decided to open a criminal investigation into the spill, threatening to complicate the pending civil lawsuits.
