BP Begins Jostling For Legal Position As Oil Continues To Leak

Unless you have been living under a rock, then you have heard of what has now been determined to be the worst oil spill in American History. As the oil continues to flow out of the breached underwater oil main, the lawsuits and related disputes also continue to mount. BP, the entity deemed responsible for the massive leak, has been hit with over 100 lawsuits and they have recently requested that the courts place every pre-trial issue in the hands of U.S. District Judge Lynn Hughes in Houston.  Hughes is versed in oil affairs and has traveled the world giving lectures for the American Association of Petroleum and has close ties with many oil companies.  In fact, Hughes has collected royalties from several energy companies from his investments in mineral rights. 

At first blush, one would speculate as to whether BP is seeking to gain an edge by requesting that Hughes oversee the proceeding or are they simply seeking a judge who is well-versed in the company’s issues.  In court filings, BP said Hughes should handle the cases because he is already hearing one class-action case filed by a group of Vietnamese-American fishermen after the spill, and has presided over complex, multi-jurisdictional cases in the past.  Although a request for a single judge is not unprecedented, it is unusual because in both state and federal courts, cases are typically assigned to judges randomly.  No one has suggested that Hughes would rule a certain way before hearing the evidence.  In fact, records show the Hughes has ruled both for and against the industry.  However, I am sure that BP probably studied Hughes’ past rulings and his caseload and probably inferred that he would at the very least understand their point of view or maybe even potentially sympathize with their arguments.

A special panel of judges will decide in July if the BP suits should be consolidated in a single court — and if Hughes should handle the cases.  Although I would never impugn the integrity of Hughes, I would question the tactics and actions of BP.  At a time when you have an unprecedented ecological catastrophe, loss of lives and irreparable devastation, many people would perceive that it is fundamentally wrong that the entity purportedly responsible for the damage would begin jostling for legal position.  This is especially true as the leak continues to spill oil and outrage against BP and devastation of the gulf’s ecosystems and economy worsen.