alabama

Kerry Kennedy: Gulf Needs Concrete Actions That Respect Residents’ Rights

June 11, 2010

CODEN, Ala. — When Gulf Coast resident Louise Bosarge heard President Obama refer to her community as “resilient,” her response was poetic: “We bounce back. We always bounce back. Bouncing hurts.” Along with my daughter Mariah and a team of human rights experts from the RFK Center for Justice and Human Rights, I spent the last several days in Mississippi, Louisiana and Alabama speaking with commercial fishermen, deck hands, restaurateurs, ecologists, farmers, service providers, marina workers, hoteliers, kids and more whose lives are directly affected by BP’s toxic tsunami swamping the Gulf Coast and wiping out the fishing and tourism industries which have been the mainstays of these communities for decades. “Oil will be all that’s left,” lamented one long-time resident. “And with the politicians in the pockets of the oil companies, there will be more pressure than ever to drill, baby, drill.” Photographs of slime-soaked seabirds distract from the human tragedy suffocating the region. More concerned about its image than about the human beings impacted, BP has spent $50 million on an oil-slick ad campaign. Meanwhile, BP is strangling the livelihoods of the people of the gulf coast just as surely as its oil is eviscerating the ecosystems. Eleven of us motored a small boat eight miles out from shore. Though far from shore, the water there appeared as though we had pulled up to a gargantuan gas dock, with a rainbow sheen covering the ocean, horizon to horizon. Our eyes stung, our throats closed and our heads ached despite the respirators we wore. Our little boat came to a bird sanctuary which was surrounded by buoyant booms floating on the water to hold the oil off the island. But the oil, aided by dispersants, had slipped beneath the booms and puddled in a gooey brown ring around the once pristine land. We watched in horror as a pelican, smothered in molasses-like gunk, struggled haplessly to get a foothold on the rocky shore — spreading its wings and falling back, spreading and falling, spreading and falling. As we docked the boat, the captain said “I’ll be dreaming about that pelican tonight. I hope I’m not that pelican.” After generations spent mastering their trade, fishermen (already underwater with loans on boats that now stand idle) fear they will have to permanently pull up their nets. BP is attempting to buy them off with promises to pay their lost salaries, but in reality BP has cynically designed a system that makes it impossible for most fishermen to successfully make claims. BP forced many of those who came forward to sign forms releasing BP from future liability. Only through public pressure has BP agreed to rescind these forced agreements. BP’s public relations machine says it will protect the cleanup crews. However, workers were not only denied protective equipment but, after arriving for work wearing respirators, were threatened with the loss of their jobs if they chose to wear these “unnecessary” safety devices which serve only to “spread hysteria.” Workers complaining of illnesses such as headaches and breathing difficulty were told by BP that they have “food poisoning” or “heat stroke.” BP warned workers that if they wanted to be treated, they should see the BP doctors rather than county health officials. Fishermen, residents and the American public had no say in the decision of a private company to conduct a colossal experiment of pouring billions of gallons of carcinogens into one of the most fertile fishing grounds on earth. BP refuses to publicly disclose the litany of chemical agents so that patients and health care professionals can properly identify and treat related illnesses already being reported. Because of the virtual silence about the real health impacts of these chemicals, nothing has been done to prepare for the potential evacuation on the horizon. Six weeks out, the economic backlash, with vast swaths of the fishable waters closed and vacation and convention cancellations rampant, is already manifesting itself in a worrisome spike in mental health concerns for persons who have lost virtually everything and fear for their future. Professionals reported significant increases in depression, which can be expected to lead to domestic violence, alcohol and drug use, and suicide. Residents of the Gulf Coast have a clear sense of what should be done: * Everyone send donations to the Gulf Coast Fund, which funds community organizations across the region * BP should keep its promise and pay fair and prompt compensation to all fishermen and related business people who have suffered economic losses * BP should immediately give a bonus to fisherman of 30 percent of the value of the catch for those who continue fishing in available waters * The federal government should develop an evacuation plan for coastal communities which is consistent with international standards for the treatment of internally displaced people, including keeping families together, preserving voting rights and recognizing the right to return * The federal government, through executive order, should direct a portion of the $19 billion in allocated but unspent Katrina monies to create 100,000 green and living wage jobs along the gulf coast, as called for in the Gulf Coast Civic Works Act (H.R. 2269). It may take decades for BP to make the Gulf “whole.” In the aftermath of this oil tsunami, concrete actions that respect residents’ rights are the next steps.

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Richard Greener: BP Has An Ace Up Its Sleeve. Watch Out!

June 11, 2010

Scream as loud as you like. In this political poker game, BP’s holding a winning hand. The longer we go without stopping the oil leak and the closer we get to realizing the true scope of the damage, the angrier the American people will get. When that righteous anger finally boils over, that’s when BP will play their hole card. It’s not really BP’s alone. The sleeve, the whole shirt actually, belongs to the entire oil industry. The hidden ace is sometimes called the “Selfish American Card.” What it means is this — Americans are not willingly pay the price for this disaster. We’re too selfish. We won’t pay. And what won’t we pay for? All the costs that come after we make BP pay. The cost to stop the leak. To clean up the mess. To repair the lives of millions of our fellow citizens. And it’s not just the costs that flow from this spill. It’s all the spills yet to come — and they will. No one knows this better than the oil industry. Once you get away from the shoreline, far from Louisiana, Mississippi, Alabama and Florida (we won’t even talk about Texas or Alaska), Americans will not care. You can put all the oil-soaked, dying birds you want on TV; show us the oily beaches and ravaged wetlands; make us stare into the faces of the men, women and children whose lives have been shattered. Believe me. Nobody will agree to pay more at the pump to make these places and these people whole again. Nobody really wants to stop offshore drilling. We can’t. We’re addicts. You doubt this? Check the facts. Then tell me you still have doubts. Sorry, but the people who live where offshore drilling exists are on their own, now and in the future. Everyday, around the globe, about 85 million barrels of oil pour into the human community. The United States, with less than 5% of the world’s population, uses 24.3% of that oil. Nearly a quarter of the world’s gasoline burned everyday by 1/20th of the people who live on this planet. We produce about 5.8% ourselves, and about a third of it from offshore drilling. How many gallons of gas from offshore drilling are we talking about? I hope you’re sitting down. The Minerals Management Service reports 527 million barrels a year from offshore wells. That’s 23.5 billion gallons of gas! View this from a wider perspective. China, with 19.6 of all human beings, consumes only 8.9% of the world’s gasoline. The European Union, with slightly more people than the United States, uses 16.9%. India, home to 17.3% of all people on Earth, uses a tiny 3.1% of the gasoline. So, the US and Europe, with 1/10th the world’s population uses an astounding 41.2% of the world oil supply, while China and India, with 36.9% of the human population uses only 12%. Americans should ask, for safety sake if no other reason — how long can we get away with that? And how could we possibly survive without our own offshore drilling? When the pressure builds to the bursting point, we will turn our backs on our brothers along the Gulf Coast. Here’s why. The best selling motor vehicle in the US is the Ford F-Series truck. There are more than 33 million of them. The #3 best seller is Chevy’s Silverado, and #8 is the Dodge Ram. The Ford has a fuel tank that holds 40 gallons. Silverado’s tank tops out at 26 gallons, and the Dodge Ram — again, I hope your sitting — it has a maximum capacity of 52 gallons. If we scare the oil companies — and hanging BP out to dry over this Gulf spill will do just that — they will grab us by our wallets and squeeze so hard we’ll give them anything. They will make Cheney’s waterboarding look like a picnic. How about gasoline prices here at costs already common in Europe? Are you up for it? Fill your tank in The Netherlands and you’ll shell out $7 bucks a gallon. A Ford F-Series would cost $280 to fill up. The Silverado $182. And the Dodge Ram (ouch!) $364 bucks. You think Big Oil will stop there? How long would Obama be able to withstand $12 a gallon gas? The Ford would cost $480 for a fill up. The Silverado jumps to $312, and your Dodge Ram (if you can afford one), $624 just to fill it up! Now do you understand the “Selfish American Card” tucked up BP’s sleeve? There are about 310 million of us here in the United States. How many will willingly part with $150-$200 each time they get gas? Who among us will pay double that? It’s no longer, “when the rubber meets the road.” Now it’s when the gas pump reads a number that turns the contents of your colon liquid. Sure, we all love New Orleans, but… Hey, wait a minute! BP has an ace up its sleeve all right. The more we holler for them to “get the job done” — the more we insist they pay, the closer they get to playing it. The “Selfish American Card.” How easy will it be to frighten us, to raise the specter of $7 gas, $12 gas, even $15 gas? A lot easier than you think. If you live along the Gulf Coast, I feel sorry for you. If you live in The Rest Of America, don’t fool yourself, or feel guilty about being so selfish. You’re not alone.

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Richard Greener: BP Has An Ace Up Its Sleeve. Watch Out!

June 11, 2010

Scream as loud as you like. In this political poker game, BP’s holding a winning hand. The longer we go without stopping the oil leak and the closer we get to realizing the true scope of the damage, the angrier the American people will get. When that righteous anger finally boils over, that’s when BP will play their hole card. It’s not really BP’s alone. The sleeve, the whole shirt actually, belongs to the entire oil industry. The hidden ace is sometimes called the “Selfish American Card.” What it means is this — Americans are not willingly pay the price for this disaster. We’re too selfish. We won’t pay. And what won’t we pay for? All the costs that come after we make BP pay. The cost to stop the leak. To clean up the mess. To repair the lives of millions of our fellow citizens. And it’s not just the costs that flow from this spill. It’s all the spills yet to come — and they will. No one knows this better than the oil industry. Once you get away from the shoreline, far from Louisiana, Mississippi, Alabama and Florida (we won’t even talk about Texas or Alaska), Americans will not care. You can put all the oil-soaked, dying birds you want on TV; show us the oily beaches and ravaged wetlands; make us stare into the faces of the men, women and children whose lives have been shattered. Believe me. Nobody will agree to pay more at the pump to make these places and these people whole again. Nobody really wants to stop offshore drilling. We can’t. We’re addicts. You doubt this? Check the facts. Then tell me you still have doubts. Sorry, but the people who live where offshore drilling exists are on their own, now and in the future. Everyday, around the globe, about 85 million barrels of oil pour into the human community. The United States, with less than 5% of the world’s population, uses 24.3% of that oil. Nearly a quarter of the world’s gasoline burned everyday by 1/20th of the people who live on this planet. We produce about 5.8% ourselves, and about a third of it from offshore drilling. How many gallons of gas from offshore drilling are we talking about? I hope you’re sitting down. The Minerals Management Service reports 527 million barrels a year from offshore wells. That’s 23.5 billion gallons of gas! View this from a wider perspective. China, with 19.6 of all human beings, consumes only 8.9% of the world’s gasoline. The European Union, with slightly more people than the United States, uses 16.9%. India, home to 17.3% of all people on Earth, uses a tiny 3.1% of the gasoline. So, the US and Europe, with 1/10th the world’s population uses an astounding 41.2% of the world oil supply, while China and India, with 36.9% of the human population uses only 12%. Americans should ask, for safety sake if no other reason — how long can we get away with that? And how could we possibly survive without our own offshore drilling? When the pressure builds to the bursting point, we will turn our backs on our brothers along the Gulf Coast. Here’s why. The best selling motor vehicle in the US is the Ford F-Series truck. There are more than 33 million of them. The #3 best seller is Chevy’s Silverado, and #8 is the Dodge Ram. The Ford has a fuel tank that holds 40 gallons. Silverado’s tank tops out at 26 gallons, and the Dodge Ram — again, I hope your sitting — it has a maximum capacity of 52 gallons. If we scare the oil companies — and hanging BP out to dry over this Gulf spill will do just that — they will grab us by our wallets and squeeze so hard we’ll give them anything. They will make Cheney’s waterboarding look like a picnic. How about gasoline prices here at costs already common in Europe? Are you up for it? Fill your tank in The Netherlands and you’ll shell out $7 bucks a gallon. A Ford F-Series would cost $280 to fill up. The Silverado $182. And the Dodge Ram (ouch!) $364 bucks. You think Big Oil will stop there? How long would Obama be able to withstand $12 a gallon gas? The Ford would cost $480 for a fill up. The Silverado jumps to $312, and your Dodge Ram (if you can afford one), $624 just to fill it up! Now do you understand the “Selfish American Card” tucked up BP’s sleeve? There are about 310 million of us here in the United States. How many will willingly part with $150-$200 each time they get gas? Who among us will pay double that? It’s no longer, “when the rubber meets the road.” Now it’s when the gas pump reads a number that turns the contents of your colon liquid. Sure, we all love New Orleans, but… Hey, wait a minute! BP has an ace up its sleeve all right. The more we holler for them to “get the job done” — the more we insist they pay, the closer they get to playing it. The “Selfish American Card.” How easy will it be to frighten us, to raise the specter of $7 gas, $12 gas, even $15 gas? A lot easier than you think. If you live along the Gulf Coast, I feel sorry for you. If you live in The Rest Of America, don’t fool yourself, or feel guilty about being so selfish. You’re not alone.

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With U.S. Immigration Overhaul Unlikely, Advocates Seek Piecemeal Changes

June 11, 2010

By Laura Litvan June 11 (Bloomberg) — Some groups advocating a broad rewrite of U.S. immigration law this year are now seeking a piecemeal approach, conceding a lack of support for a comprehensive measure. Some of the groups intent on offering citizenship for millions of undocumented workers are pushing Congress to move one or two smaller bills this year. They say November’s congressional elections lessen the chances of going further, even when many advocates say Arizona’s enactment of its own tough immigration law shows the need for a new federal plan. “I think it’s difficult to get comprehensive immigration reform done before the elections,” said Brent Wilkes, national executive director of the League of United Latin American Citizens . “In the meantime, we’re supporting what you would call a down payment on comprehensive reform.” This sentiment represents a split among the Hispanic groups and labor unions that united behind demands that the Democrats who control Congress enact an immigration overhaul this year or risk paying a price at the polls. Opponents of relaxed rules for undocumented immigrants say lawmakers could pay another price for a sweeping overhaul. While immigration is one of President Barack Obama ’s top priorities, he said in April that Congress may lack the “appetite” to deal with it this year. The Senate in 2007 blocked lawmakers’ last effort to enact the first major rewrite of immigration laws since 1986. Now, Senate Democratic leaders are drafting a plan to bolster security at U.S. borders before providing a way for some of the 11 million undocumented immigrants now in the country to become citizens. Lure for Support Senator Dick Durbin of Illinois, the second-ranking Democrat, said this week he doesn’t want to enact piecemeal immigration laws. Durbin, sponsor of one of the limited bills, said he views such proposals as lures to bring Republicans on board for farther-reaching changes. “I am loath to even suggest” a piecemeal plan, Durbin said. “I am for comprehensive immigration reform.” Other Democrats question whether any immigration plan, big or small, can be enacted after the long debates over revamping health care and Wall Street rules. No Senate Republicans support immediate changes in immigration law. Democrats control 59 Senate seats, one short of the number needed to force a vote, and Republicans hope to win some of those seats in November. “It’s almost impossible to get consensus on anything,” said Senate Judiciary Committee Chairman Patrick Leahy , a Vermont Democrat. House Speaker Nancy Pelosi , a California Democrat, has repeatedly said she won’t push a measure in her chamber until the Senate acts. Not Giving Up Some groups in the immigration debate are dismayed at talk of a piecemeal approach and say they haven’t given up on an overhaul this year. Eliseo Medina , executive vice president of the Service Employees International Union , said there is momentum for change after enactment of the Arizona measure. The law, starting in late July, makes it a state crime to be in the U.S. illegally and requires police to check the status of anyone suspected of being in the country without documentation. “I think we have a shot at getting it done,” Medina said. “It’s going to be difficult, but it’s not impossible.” Groups advocating smaller measures cite two bills with some bipartisan support. The first would allow illegal immigrants who arrive in the U.S. before age 15 and remain at least five years to become permanent residents after graduating from high school. Introduced by Durbin and Republican Senator Richard Lugar of Indiana, it would affect about 65,000 illegal immigrants. Farm Workers The second bill, sponsored by Senator Dianne Feinstein and Representative Howard Berman , both California Democrats, would create a pilot plan to legalize the immigrant status of undocumented agricultural workers laboring on farms for at least two years. It would affect about 2 million workers and their families. “We’re looking at the possibility of doing one bill that might help move the broader debate forward,” said Tyler Moran, policy director of the National Immigration Law Center in Washington. She said the measure targeting young immigrants who finish high school affects a “compelling constituency” and may have the best chance of approval. Senator Jeff Sessions of Alabama, the top Judiciary Committee Republican, said his party probably won’t support any legislation until Obama can control the flow of illegal immigrants into the U.S. “You show us you’ve ended this massive illegality that is occurring every single day, and then we can begin to talk about people who have been here a long time,” Sessions said. Border Security Clarissa Martinez, director of immigration and national campaigns at National Council of La Raza , said a broad measure is achievable in coming months though she said a move by Obama to bolster border security may have undermined efforts to get Republicans to sign on. Obama said May 26 he would send 1,200 National Guard troops to the border with Mexico and seek another $500 million for border security, a step Martinez said might have been offered in negotiations over a broader plan. “There was an opportunity to elevate the conversation,” Martinez said. “That opportunity was missed.” To contact the reporter on this story: Laura Litvan  in Washington at   or llitvan@bloomberg.net .

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Mary Landry Sees Game Changer as Gulf Oil Spill Awaits Atlantic Hurricanes

June 10, 2010

By Ben Elgin June 10 (Bloomberg) — Coast Guard Rear Admiral Mary E. Landry was up early on Saturday, April 24, preparing to brief news reporters on the deadly explosion at the Deepwater Horizon drilling rig when BP Plc called with bad news: The well was leaking oil into the Gulf of Mexico, 5,000 feet below the surface. She dashed off an e-mail to inform several admirals about the leak that was destined to become the biggest offshore oil spill in U.S. history. In the subject line she typed, “GAME CHANGER.” After serving 42 days as the coordinator of the U.S. government’s response to the undersea gusher, Landry is now preoccupied with planning for a second potential game-changing event: the Atlantic hurricane season that began June 1. The government forecasts more storms than normal, increasing the risk of delays and complications in a response effort already pockmarked with failures. As the public face of federal oversight, Landry brought optimism to news briefings — her Facebook page says the glass is always three-quarters full. As hurricane planner, she’s keeping that outlook, even though she says there’s little that can be done besides arranging safe moorings for cleanup vessels and moving aircraft, ships and workers into position to help repair any additional damage more quickly in the aftermath. Three efforts to stanch the flow of crude oil into the Gulf failed — peaking on May 29 when BP acknowledged that its “top kill” plan hadn’t stopped the leak. While government estimates peg the flow at 12,000 to 25,000 barrels a day, scientists involved in the measurement say it could be significantly more. A funnel-shaped cap placed atop the well on June 3 is now capturing as much as 15,000 barrels a day, the company says. ‘New Dimension’ For Landry, the time it’s taking to control the flow only brings added risk. “This adds a new dimension of complexity that nobody anticipated,” said Landry, 53, head of the Coast Guard’s Eighth District , a command that spans 26 states and is located in New Orleans. A direct hit by a hurricane could spread more widely an oil spill that has already surpassed the Exxon Valdez in volume and was described by President Barack Obama as “the worst environmental disaster of its kind in our nation’s history.” Oil has washed ashore in Louisiana, Mississippi and Alabama, while tar balls and oil patties have hit some Florida beaches near Pensacola. Several research models indicate it could eventually make its way up the Atlantic coast. About 78,000 square miles of the Gulf, or about 32 percent of federal waters, have been closed off from fishing. Obama’s political standing is in jeopardy as well; in an ABC News/Washington Post poll published June 7, 69 percent of those polled rated the federal response to the spill as “not so good” or “poor.” Oily Storm Surges A category III hurricane with winds between 111 and 130 miles per hour could blow coastal water as much as 12 feet above normal, according to a Coast Guard hurricane readiness plan. Such storm surges “may carry oil into the coastline and inland as far as the surge reaches,” according to an information sheet from the National Oceanic and Atmospheric Administration, which forecasts weather in addition to other duties. NOAA predicts a 70 percent chance that 14 to 23 named storms, including as many as seven major hurricanes, will form in the Atlantic in the next six months. The seasonal average is 11 named storms and two major hurricanes. While the agency doesn’t predict the likelihood of storms in the Gulf, all active hurricane seasons have produced at least one named storm there. In half the busy hurricane seasons on record, at least one major storm has hit the Gulf in June or July. Unpredictable Situation Timing is crucial. BP isn’t slated to finish drilling a relief well aimed at permanently ending the leak until August at the soonest. Oceanographers are loath to predict what might happen if a hurricane hit the spill. “We’ve never been in this situation before,” said Robert H. Weisberg , a professor of oceanography at the University of South Florida at St. Petersburg. “If anyone tells you they know what’s going to happen, they’re full of crap.” There is no way to prevent a hurricane from wreaking havoc in the oily Gulf, Landry said in an interview, speaking in a matter-of-fact cadence that recalls her native Buffalo, New York, spiced by years spent with the Coast Guard in Boston. Still, effective planning and response can limit the fallout and speed the resumption of efforts to control the leak, she said. ‘Lot of Legwork’ “There is a whole lot of legwork to get prepared to batten down the hatches,” she said. Ships, planes and rescue workers must be positioned ahead of time. Safe moorings must be found for all vessels in the Gulf and inland waterways — including the thousands involved in the oil-leak response. “There’s a huge footprint for the Deepwater Horizon response efforts that has to be managed,” she said. BP would lose seven to 10 days’ time on drilling relief wells in the event of a hurricane strike, said Lewis Kreps , an analyst at C.K. Cooper & Co. in Dallas. The oil company and the government are trying to determine whether a floating oil-collection platform or other equipment could remain on site “while a hurricane comes through,” Landry said. While she coordinated the federal response, Landry tried to pepper bleak news conferences with bits of positive information about successful cleanups or containment of oil slicks. ‘Can’t Be Afraid’ “You have to give people hope,” she said. “You can’t be afraid. In a time of crisis, there’s positive energy and negative energy. We need to find the positive energy and solve this problem.” At times, that approach left the government’s key spokeswoman appearing more sanguine than even BP. On May 28, for instance, Tony Hayward , the London-based oil company’s chief executive, called the Deepwater Horizon spill “clearly an environmental catastrophe.” Landry has intentionally avoided that language, she said. “I don’t like the word ‘catastrophe,’” she said. “You have to hold out hope that you can save this ecosystem, that you can save the wildlife.” Holding news conferences with BP officials, Landry sometimes chided the company if she felt it was too optimistic. Douglas J. Suttles , BP’s chief operating officer, said May 29 that capping the well “should take approximately four days, but it could take longer.” ‘Manage Expectations’ Landry later admonished him in front of the reporters. “We have to manage expectations, because we’re all on a roller coaster ride here,” she said. “So when he said four days, I said, ‘Don’t even say four. Say four to seven.’ Because let’s be honest; we may have some slowdowns.” Admiral Thad Allen , who took over the news conferences this month, now runs them alone, without the company. While Landry would occasionally defer to BP officials on technical questions, Allen handles all questions, using terms that suggest the government is doing more to stop the leak. He frequently used the term “we” in describing efforts to shear off part of a pipe before capping the well — even though BP workers and contractors performed the task. Allen has commended Landry “for her exceptional performance.” Her reassignment on June 1, the beginning of the six-month hurricane season, had “been the strategy since the beginning of this response,” said Admiral Robert Papp, the Coast Guard commandant, in a news release. Lost Market Value BP has lost 40 percent of its market value since the crisis began, and U.S. shares have fallen by more than half. The American decline includes a 16 percent drop yesterday, after Societe Generale said the largest oil and natural-gas producer in the Gulf may not make its next quarterly dividend payment. The U.S. government is investigating potential criminal and civil violations related to the spill, according to U.S. Attorney General Eric Holder . Landry characterized her approach to BP : “They can tell you something but you check it out.” Mostly, the company has done what it promised, she said, “but a couple of times I’ve been disappointed.” For example, BP needed her prodding to equip cleanup crews with temporary housing and supplies at remote coastal sites so workers could avoid traveling several hours each day, she said. BP was working to develop more temporary housing for workers, Suttles said during a May 29 news conference. Toby Odone , a company spokesman, declined additional comment. Honorary Cousins Landry grew up in a blue-collar neighborhood of Buffalo. Her Irish Catholic family included 28 cousins living within blocks of each other. Neighborhood kids, jealous of their camaraderie, would ask if they could be cousins too. “We would say OK and knight them, but just for one day,” she said, laughing. Money was tight. Landry’s father, Bill Tatu, worked in sales and management for Booth Oil in Buffalo, a now-defunct company that reprocessed and sold industrial oils. Her mom stayed at home. Landry worked as a clerk in a drugstore during high school. “Nothing was ever handed to us,” her older sister, Margaret Fisher, said. “Mary always worked exceptionally hard.” After graduating from the State University of New York at Buffalo, she approached her father, an Army veteran, about joining the Coast Guard. Bill Tatu wanted no part of that. He wanted his daughter to go into fashion merchandising or a similar field. “I think he wanted to protect me,” she said. Years after she enrolled in the Guard’s officer candidate program in 1980, her father “ended up being very proud,” she said. ‘Socially Isolating’ At the time, women made up 11 percent of the Coast Guard’s ranks, according to Landry. Even today, the number is just 13 percent. Of 44 Coast Guard admirals, four are women, said Lt. Suzanne Kerver, a spokeswoman for the Guard in New Orleans. “Back then, it could be socially isolating to be a female officer in the Coast Guard,” Landry said during an interview from her 13th-story office, which looks out onto New Orleans’ business district and the beginning of historic St. Charles Avenue. She soon met her husband, Mark Landry, who was a Coast Guard captain until his retirement in 2008. They have two children: Michael, their 25-year-old son, is a civil engineer and Katelyn, their 20-year-old daughter, plays on the ice hockey team at Brown University. Landry was named the first female commander of the Eighth District last year. She’s the fourth woman to command a district in Coast Guard history, according to Kerver. ‘Impressive Persona’ “She has an impressive persona,” says Captain Patrick Little, commander of the Coast Guard Marine Safety Center in Washington, who has worked with Landry on two oil spills. One of them took place in 2003, when a barge struck rocks near Westport, Massachusetts, releasing about 98,000 gallons of fuel oil into Buzzards Bay. Landry, who commanded the Guard’s regional Marine Safety Office at the time, took charge of the cleanup for five months. That spill was less than 1 percent of the amount that has leaked so far in the Gulf. Landry says her basic approach hasn’t changed: Focus as much as possible on what can be done, rather than on what hasn’t been. “Folks are worried enough about this as it is,” she said. “We have to act as a buffer to absorb some of the shock.” To contact the reporter on this story: Ben Elgin in San Francisco at belgin@bloomberg.net

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BP Now Valued At Less Than Its Assets

June 9, 2010

GRAND ISLE, La. (AP) — The financial toll of the oil spill disaster in the Gulf of Mexico escalated Wednesday as BP’s stock plummeted to a 14-year low and fishermen, businesses and property owners who have filed damage claims with the company angrily complained of delays, excessive paperwork and skimpy payments that have put them on the verge of going under. The oil company captured an ever larger-share of the crude gushing from the bottom of the sea and began bringing in more heavy equipment to help in the effort, including a production ship and a tanker from the North Sea that will allow the system to process larger quantities of oil and better withstand tropical storms. The containment efforts played out as investors deserted BP amid fears that the company might be forced to suspend dividends, end up in bankruptcy and find itself overwhelmed by the cleanup costs, penalties, damage claims and lawsuits generated by the biggest oil spill in U.S. history. Shrimpers, oystermen, seafood businesses, out-of-work drilling crews and the tourism industry all are lining up to get paid back the billions of dollars washed away by the disaster, and tempers have flared as locals direct outrage at BP over what they see as a tangle of red tape. “Every day we call the adjuster eight or 10 times. There’s no answer, no answering machine,” said Regina Shipp, who has filed $33,000 in claims for lost business at her restaurant in Alabama. “If BP doesn’t pay us within two months, we’ll be out of business. We’ve got two kids.” An Alabama property owner who has lost vast sums of rental income angrily confronted a BP executive at a town meeting. The owner of a Mississippi seafood restaurant said she is desperately waiting for a check to come through because fewer customers come by for shrimp po-boys and oyster sandwiches. Some locals see dark parallels to what happened after Hurricane Katrina, when they had to wait years to get reimbursed for losses. “It really feels like we are getting a double whammy here. When does it end?” said Mark Glago, a New Orleans lawyer who is representing a fishing boat captain in a claim against BP. BP spokesman Mark Proegler disputed any notion that the claims process is slow or that the company is dragging its feet. Proegler said BP has cut the time to process claims and issue a check from 45 days to as little as 48 hours, provided the necessary documentation has been supplied. BP officials acknowledged that while no claims have been denied, thousands and thousands of claims had not been paid by late last week because the company required more documentation. At the bottom of the sea, the containment cap on the ruptured well is capturing 630,000 gallons a day and pumping it to a ship at the surface, and the amount could nearly double by next week to roughly 1.17 million gallons, said Coast Guard Adm. Thad Allen, who is overseeing the crisis for the government. A second drilling vessel that will arrive within days is expected to greatly boost capacity. BP also plans to bring in the tanker from the North Sea on Monday to help transport oil and an incinerator to burn off some of the crude. The tanker is currently used to shuttle oil from North Sea rigs to the shores of Scotland, and its deployment in the Gulf has been part of the broader plan to expand the amount of crude brought to the surface once a new and improved cap-and-collection system is installed over the leaking well. The government has estimated 600,000 to 1.2 million gallons are leaking per day, but a scientist on a task force studying the flow said the actual rate may be between 798,000 gallons and 1.8 million. Crews working at the site toiled under oppressive conditions as the heat index soared to 110 degrees and toxic vapors emanated from the depths. Fireboats were on hand to pour water on the surface to ease the fumes. Allen also confronted BP over the complaints about the claims process, warning the company in a letter: “We need complete, ongoing transparency into BP’s claims process including detailed information on how claims are being evaluated, how payment amounts are being calculated and how quickly claims are being processed.” The admiral this week created a team including officials from the Federal Emergency Management Agency to help with the damage claims. It will send workers into Gulf communities to provide information about the process. He also planned to discuss the complaints with BP officials Wednesday. Under federal law, BP is required to pay for a range of damage, including property losses and lost earnings. Residents and businesses can call a telephone line to report losses, file a claim online and seek help at one of 25 claims offices around the Gulf. Deckhands and other fishermen generally need to show a photo ID and documentation such as a pay stub showing how much money they typically earn. To jump-start the process, BP was initially offering an immediate $2,500 to deckhands and $5,000 to fishing boat owners. Workers can receive additional compensation once their paperwork and larger claims are approved. BP said it has paid 18,000 claims so far and has hired 600 adjusters and operators to handle the cases. The oil giant said it expects to spend $84 million through June alone to compensate people for lost wages and profits. That number could grow as new claims are received. When it is all over, BP could be looking at total liabilities in the billions, perhaps tens of billions, according to analysts. BP stock dropped $5.45, or 16 percent, Wednesday – easily its worst day since the April 20 rig explosion that set off the spill. In the seven weeks since then, the company has lost half its market value. The latest slide came after Interior Secretary Ken Salazar promised a Senate energy panel to ask BP to compensate energy companies for losses if they have to lay off workers or suffer economically because of the Obama administration’s six-month moratorium on deepwater drilling. Calculating what is owed to victims of the spill has proved challenging. David Walter owns an Alabama company that makes artificial reefs that anglers buy and drop in the Gulf to attract fish, but state regulators stopped issuing permits for the reefs on May 4 because of the oil spill – effectively killing off $350,000 in expected business. When Walter called a claims adjuster working for BP, he was told to provide four years of invoices for May, June and July along with tax returns for those years. Walter said he sent the forms by overnight mail, but the adjuster assigned to his case changed offices and could not be found. The documents were lost. After making more inquiries, Walter said, he was instructed to gather the same documents and this time go to a claims office. There, an adjuster told Walter he would be eligible for only a $5,000 payment since his tax returns showed a technical business loss when depreciation was factored in. “I said that’s not fair because if you say that, then I have to go out of business and I lose everything,” Walter said. He is now working with an accounting firm to calculate his losses. Not everyone had complaints about the claims process. Bart Harrison of Clay, Ala., filed his first claim on Wednesday morning for lost rental income on his coastal property and expected to have a check for $1,010 within a few hours. The only documentation required was tax returns and rental histories for his units, which were both easy to provide. “The guy I talked to was knowledgeable and respectful. It seemed like he really wanted to write a check and please me since it was my first time in,” Harrison said.

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Gulf Residents, Businesses: BP Holding Up Damages Claims

June 9, 2010

GRAND ISLE, La. (AP) � The financial toll of the oil spill disaster in the Gulf of Mexico escalated Wednesday as BP’s stock plummeted to a 14-year low and fishermen, businesses and property owners who have filed damage claims with the company angrily complained of delays, excessive paperwork and skimpy payments that have put them on the verge of going under. The oil company captured an ever larger-share of the crude gushing from the bottom of the sea and began bringing in more heavy equipment to help in the effort, including a production ship and a tanker from the North Sea that will allow the system to process larger quantities of oil and better withstand tropical storms. The containment efforts played out as investors deserted BP amid fears that the company might be forced to suspend dividends, end up in bankruptcy and find itself overwhelmed by the cleanup costs, penalties, damage claims and lawsuits generated by the biggest oil spill in U.S. history. Shrimpers, oystermen, seafood businesses, out-of-work drilling crews and the tourism industry all are lining up to get paid back the billions of dollars washed away by the disaster, and tempers have flared as locals direct outrage at BP over what they see as a tangle of red tape. “Every day we call the adjuster eight or 10 times. There’s no answer, no answering machine,” said Regina Shipp, who has filed $33,000 in claims for lost business at her restaurant in Alabama. “If BP doesn’t pay us within two months, we’ll be out of business. We’ve got two kids.” An Alabama property owner who has lost vast sums of rental income angrily confronted a BP executive at a town meeting. The owner of a Mississippi seafood restaurant said she is desperately waiting for a check to come through because fewer customers come by for shrimp po-boys and oyster sandwiches. Some locals see dark parallels to what happened after Hurricane Katrina, when they had to wait years to get reimbursed for losses. “It really feels like we are getting a double whammy here. When does it end?” said Mark Glago, a New Orleans lawyer who is representing a fishing boat captain in a claim against BP. BP spokesman Mark Proegler disputed any notion that the claims process is slow or that the company is dragging its feet. Proegler said BP has cut the time to process claims and issue a check from 45 days to as little as 48 hours, provided the necessary documentation has been supplied. BP officials acknowledged that while no claims have been denied, thousands and thousands of claims had not been paid by late last week because the company required more documentation. At the bottom of the sea, the containment cap on the ruptured well is capturing 630,000 gallons a day and pumping it to a ship at the surface, and the amount could nearly double by next week to roughly 1.17 million gallons, said Coast Guard Adm. Thad Allen, who is overseeing the crisis for the government. A second drilling vessel that will arrive within days is expected to greatly boost capacity. BP also plans to bring in the tanker from the North Sea on Monday to help transport oil and an incinerator to burn off some of the crude. The tanker is currently used to shuttle oil from North Sea rigs to the shores of Scotland, and its deployment in the Gulf has been part of the broader plan to expand the amount of crude brought to the surface once a new and improved cap-and-collection system is installed over the leaking well. The government has estimated 600,000 to 1.2 million gallons are leaking per day, but a scientist on a task force studying the flow said the actual rate may be between 798,000 gallons and 1.8 million. Crews working at the site toiled under oppressive conditions as the heat index soared to 110 degrees and toxic vapors emanated from the depths. Fireboats were on hand to pour water on the surface to ease the fumes. Allen also confronted BP over the complaints about the claims process, warning the company in a letter: “We need complete, ongoing transparency into BP’s claims process including detailed information on how claims are being evaluated, how payment amounts are being calculated and how quickly claims are being processed.” The admiral this week created a team including officials from the Federal Emergency Management Agency to help with the damage claims. It will send workers into Gulf communities to provide information about the process. He also planned to discuss the complaints with BP officials Wednesday. Under federal law, BP is required to pay for a range of damage, including property losses and lost earnings. Residents and businesses can call a telephone line to report losses, file a claim online and seek help at one of 25 claims offices around the Gulf. Deckhands and other fishermen generally need to show a photo ID and documentation such as a pay stub showing how much money they typically earn. To jump-start the process, BP was initially offering an immediate $2,500 to deckhands and $5,000 to fishing boat owners. Workers can receive additional compensation once their paperwork and larger claims are approved. BP said it has paid 18,000 claims so far and has hired 600 adjusters and operators to handle the cases. The oil giant said it expects to spend $84 million through June alone to compensate people for lost wages and profits. That number could grow as new claims are received. When it is all over, BP could be looking at total liabilities in the billions, perhaps tens of billions, according to analysts. BP stock dropped $5.45, or 16 percent, Wednesday � easily its worst day since the April 20 rig explosion that set off the spill. In the seven weeks since then, the company has lost half its market value. The latest slide came after Interior Secretary Ken Salazar promised a Senate energy panel to ask BP to compensate energy companies for losses if they have to lay off workers or suffer economically because of the Obama administration’s six-month moratorium on deepwater drilling. Calculating what is owed to victims of the spill has proved challenging. David Walter owns an Alabama company that makes artificial reefs that anglers buy and drop in the Gulf to attract fish, but state regulators stopped issuing permits for the reefs on May 4 because of the oil spill � effectively killing off $350,000 in expected business. When Walter called a claims adjuster working for BP, he was told to provide four years of invoices for May, June and July along with tax returns for those years. Walter said he sent the forms by overnight mail, but the adjuster assigned to his case changed offices and could not be found. The documents were lost. After making more inquiries, Walter said, he was instructed to gather the same documents and this time go to a claims office. There, an adjuster told Walter he would be eligible for only a $5,000 payment since his tax returns showed a technical business loss when depreciation was factored in. “I said that’s not fair because if you say that, then I have to go out of business and I lose everything,” Walter said. He is now working with an accounting firm to calculate his losses. Not everyone had complaints about the claims process. Bart Harrison of Clay, Ala., filed his first claim on Wednesday morning for lost rental income on his coastal property and expected to have a check for $1,010 within a few hours. The only documentation required was tax returns and rental histories for his units, which were both easy to provide. “The guy I talked to was knowledgeable and respectful. It seemed like he really wanted to write a check and please me since it was my first time in,” Harrison said.

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Commercial Property Owners Brace For Economic Impact of Gulf Oil Spill

June 9, 2010

With estimates of the economic losses of the Deepwater Horizon oil spill already as much as $11 billion in counties along Florida’s Gulf Coast alone, owners of income-generating property throughout Florida, Alabama, and Mississippi face varying degrees…

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Pelosi Demands Oil Spill Legislation By July 4

June 8, 2010

WASHINGTON — President Barack Obama will return to the Gulf Coast next week for a two-day update on the Gulf oil spill, reacting to Americans’ rising frustration with the government’s response to the disaster. On the other end of Pennsylvania Avenue, House Speaker Nancy Pelosi gave fellow Democrats a strict deadline Tuesday to act on oil spill legislation. Joining Obama’s moves to go on the offensive, Pelosi told her committee chairmen to produce legislation by July 4 to cope with the spill and prevent future environmental disasters. The chairman of the House Energy and Commerce Committee, which is investigating the explosion on the Deepwater Horizon rig, asked the U.S. Chemical Safety Board to do the same. In a letter Tuesday from the chairman, Rep. Henry Waxman, D-Calif., and Bart Stupak, D-Mich., chairman of the oversight and investigations subcommittee, the lawmakers asked the board to consider, among other things, the corporate safety culture of BP, which owns the blown-out well; what role, if any, cost-cutting may have been involved in well design and testing; BP’s oversight of subcontractors, and whether any parallels could be drawn between the causes of the Deepwater Horizon blast and a 2005 BP Texas City refinery explosion. Chemical Safety Board Chairman John Bresland said he is committed to having his small but aggressive agency investigate the Deepwater Horizon accident. But first he will check with his two fellow board members to identify the resources needed to do the job. The safety board investigated the Texas City refinery accident, where 15 workers were killed, and issued a scathing report faulting BP management. In March, Bresland in a statement commemorating the fifth anniversary of the accident, said, “We found organizational and safety deficiencies at all levels of the BP Corp.” “Our investigation team turned up extensive evidence showing a catastrophe waiting to happen,” Bresland said in March. “That cost-cutting had affected safety programs and critical maintenance; production pressures resulted in costly mistakes made by workers likely fatigued by working long hours; internal audits and safety studies brought problems to the attention of BP’s board in London, but they were not sufficiently acted upon. Yet the company was proud of its record on personnel safety.” The White House said Obama would spend Monday and Tuesday in Mississippi, Alabama and Florida – three states whose shores and economies are being affected by the worst environmental disaster in U.S. history. The trip will be Obama’s fourth to the region since the deep-sea leak began April 20 with the explosion of an oil rig leased by BP. All the president’s previous trips, the most recent on Friday, have been to Louisiana and none have kept him in the area overnight. Under Pelosi’s schedule, the House would act on the bills before Congress’ summer recess, set to begin Aug. 9. Pelosi and Democratic committee chairmen said legislative reforms could address changes in the Interior Department’s Minerals Management Service, which has been too close to the companies it’s supposed to regulate; a huge increase in the $75 million federal liability cap for spill damages under federal law; increased protection of oil industry workers; and better readiness and response times. Pelosi and other Democrats support removing the $75 million liability cap entirely, something the White House said Tuesday it supports. Meanwhile, Senate Democrats on Tuesday proposed a fivefold increase in the tax that oil companies pay into a spill liability fund. The legislation would raise the tax on oil produced offshore from 8 cents to 41 cents per barrel – 7 cents higher than legislation that passed the House last month. On a day when Obama said he had met with fishermen and oil spill experts “so I know whose ass to kick,” Pelosi sat around a table with the chairmen as they took turns making oil giant BP – and Republicans – the enemy. Many Democrats face tough off-year elections at a time many Americans are frustrated with the slow response in containing the spill. Pelosi said, “Democrats tried to rein in big oil over time” while Republicans “have always protected big oil.” Rep. Edward Markey, D-Mass., said BP officials were either “lying or grossly incompetent” when they initially gave lowball numbers for the gallons of oil leaking into the Gulf. “They were trying to lower their liability,” said Markey, chairman of a special committee on energy independence and global warming. “They get fined per barrel per day. They got lawyered up. They were told not to tell the truth.” ___ Associated Press writers Matthew Daly and Seth Borenstein contributed to this report.

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Killer Undersea Oil Plumes From BP’s Leaking Well Lurk in Gulf of Mexico

June 8, 2010

By Jessica Resnick-Ault June 8 (Bloomberg) — Undersea plumes of oil that can kill off marine life have been confirmed stretching for miles in the Gulf of Mexico from BP Plc’s leaking Macondo well, according to findings researchers will announce today. Water samples collected by the R/V Weatherbird II vessel show biodegraded crude oil in two undersea plumes about 22 miles (35 kilometers) northeast of BP’s seabed leak, according to The National Oceanic and Atmospheric Administration and the University of South Florida. “Very specifically, we can now say there is biodegraded oil in the depths of the Gulf of Mexico,” Vickie Chachere, a spokeswoman for the University, said. She couldn’t confirm how much oil the plumes may contain. Researchers have said the oil slick washing ashore is a small portion of what has leaked and the undersea crude can wipe out marine life while remaining invisible from the surface. The tests are the second confirmation of the existence of oil plumes in the Gulf, which BP Chief Executive Officer Tony Hayward has disputed. Research by Samantha Joye at the University of Georgia, and analyzed at Texas A&M University, also confirmed the presence of undersea oil. Hayward said June 6 that there was “no evidence” of the plumes in the Gulf of Mexico. The company is waiting for confirmation from NOAA and the Environmental Protection Agency, Robert Wine , a BP spokesman in Houston, said in a telephone interview yesterday. NOAA ’s confirmation is expected today, when the agency jointly presents data from the University of South Florida. ‘Huge Volumes’ The oil was found in two layers of the ocean at 400 meters and 1,000 meters. The university’s scientists tracked the plumes for tens of kilometers, starting 35 kilometers north-northeast of the well, Chachere said. “These are huge volumes of oil, many kilometers of oil, and to have oil in many cubic kilometers of water suggests a very significant total amount,” said Ian MacDonald, an oceanographer at Florida State University in Tallahassee, who is doing separate research on the spill. MacDonald estimates the well is leaking 26,500 barrels to 30,000 barrels a day, six times more than the figure that BP and the government used from April 28 to May 27. On June 7, the company captured more than 7,500 barrels in a 12-hour period, during which excess oil leaked around the cap. Hayward said June 6 crude oil naturally floats in water, and that crude seen in the water column was in the process of making its way to the surface, according to reports in the Associated Press. Chemical Dispersants Scientists maintain that oil could have become trapped in the water column due to the company’s unprecedented application of chemical dispersants, natural phenomenon, or a combination of the two. BP has applied more than a million gallons of dispersant to the spill, and has almost another half-million gallons on hand to apply if needed, according to a statement from the Unified Command made up of BP and U.S. Coast Guard officials. The dispersants have been applied to oil at the surface, as well as to crude gushing out of the well on the sea floor. The dispersants may have caused the crude oil to sink more than it normally would have. “There would be a threshold where putting dispersant in the oil would modify the viscosity,” said Nicholas Wienders, a professor in the oceanography department at Florida State University. If the viscosity of the oil was changed, it could react differently to the ocean’s circulation, and behave in ways not normally expected, he said. Trapped Oil Natural density differences in water layers could also have trapped the oil, said Nancy Rabalais , executive director of the Louisiana Universities Marine Consortium. The pressure being applied to crude surging out of the well may also change its dispersion, said MacDonald of Florida State University. As the oil is forced out of the broken pipe at hundreds of miles an hour, it hits the relatively lower-pressure area near the sea floor that breaks the oil into particles about the thickness of a human hair, MacDonald said. Their small size, exposure to significant pressure, and cold temperatures near the sea floor may all contribute to oil sinking, he said. “There is no scientific doubt about the processes that would form mid-water plumes,” he said. BP and the Coast Guard haven’t gauged the pressure of the leaking oil, making it more difficult for scientists to predict and track plumes, said MacDonald. “It’s another example of both BP and the Government being derelict in their duty,” he said. Captain Brent “Hollywood” Shaver, 59, who operates a charter fishing boat in Florida and Alabama waters, laughed when asked about BP’s comment that there aren’t underwater oil plumes. “They’re crazy,” he said in a June 7 interview. “You know, when you spill diesel fuel in the water they always tell you not to put dish soap on it because it just makes it sink. That’s what is happening here. It’s sinking.” To contact the reporter on this story: Jessica Resnick-Ault in New York at jresnickault@bloomberg.net

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Obama Seeking `Ass to Kick’ in Oil Spill, Cites `Corner Cutting’ on Safety

June 8, 2010

By Nicholas Johnston June 8 (Bloomberg) — President Barack Obama , citing possible safety shortcomings before the nation’s worst environmental disaster, said he is looking for “whose ass to kick” in response to the BP Plc spill. In an interview for broadcast today on NBC’s “Today” show, Obama said there may have been “some corner cutting” on safety on the doomed oil rig and promised a full investigation. The president said the three trips he has taken to the Gulf Coast to speak with people affected by the spill have helped him understand who needs to be held responsible, “so I know whose ass to kick,” he told “Today” host Matt Lauer , according to excerpts released by NBC. The president has toughened his language talking about BP and the spill after the White House faced questions about whether Obama was acting forcefully enough in response to the disaster. In a June 3 interview with CNN’s Larry King , Obama said he was “furious at this entire situation,” yet said it wasn’t productive for him “to just spend a lot of my time venting and yelling at people.” About BP Chief Executive Officer Tony Hayward , who had made comments minimizing potential environmental damage from the Gulf of Mexico leak and discussing its impact on his life, Obama said he “wouldn’t be working for me.” “The fact of the matter is there is going to be a thorough review, and I don’t want to prejudge it, but the initial reports indicate there may be situations in which not only human error was involved, but you also saw some corner cutting in terms of safety,” Obama said in the interview. Criminal Investigation BP officials didn’t return a call to the company’s Houston media center after business hours and spokesman Mark Salt didn’t immediately respond to an e-mail requesting comment. Attorney General Eric Holder has also launched a criminal investigation into the accident and promised prosecutions “to the fullest extent of the law.” Having made three trips to Louisiana since the Deepwater Horizon oil rig exploded and sank in April, Obama said he traveled to the Gulf region to talk to fishermen about ways to deal with the crisis. “I don’t sit around just talking to experts because this is a college seminar,” Obama said. “We talk to these folks because they potentially have the best answers, so I know whose ass to kick.” BP has spent $1.25 billion so far on the worst oil spill in U.S. history, or about $27 million a day. The company said it captured 11,100 barrels on June 6 from the leaking well on the ocean floor, more than the previous day and about half of the top end of the estimated spill rate. Soiled Coast The spill has soiled about 140 miles of shoreline in Louisiana, Alabama and Mississippi, along with some 80 miles in Florida, the Coast Guard said June 5. Obama convened members of the Cabinet at the White House yesterday to discuss the spill, where he called for BP to quickly settle compensation claims from victims of the disaster. “We also have to make sure that every single person that has been affected by this is properly compensated and made whole,” Obama said in the NBC interview. The federal government last week said it has billed BP $69 million for initial costs related to the disaster. The spill may cost the company as much as $37 billion in cleanup and litigation costs, Credit Suisse estimated on June 2. To contact the reporter on this story: Nicholas Johnston in Washington at njohnston3@bloomberg.net

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Derivatives Market May Be Reshaped by Congress Even Without Swap-Desk Rule

June 8, 2010

By Phil Mattingly June 8 (Bloomberg) — Debate in the U.S. Congress over whether to restrict swaps-trading by commercial banks has taken the spotlight away from other proposed derivatives rules that may soon be approved. Lawmakers are set to negotiate a bill passed May 20 by the Senate that would require standardized derivative trades to be cleared through a third party and traded on an exchange or so- called swap-execution facility; place a fiduciary duty on dealers in transactions with municipalities; and subject the foreign exchange swaps market to regulation. As the large Wall Street banks that dominate the $615 trillion over-the-counter derivatives market, including Goldman Sachs Group Inc. and JPMorgan Chase & Co. , have focused on trying to kill the most contentious rule — one that would require them to push out their swaps-trading desks to subsidiaries — the other provisions have moved a few votes away from law. “They cannot fire at everything that moves, they just don’t have that many bullets these days,” said Karen Petrou , managing partner at Federal Financial Analytics Inc., a Washington consulting firm specializing in financial regulation. The derivatives language is one part of the larger financial regulatory overhaul being finalized this month by House and Senate negotiators, who meet beginning this week to reconcile their bills. Congressional Democrats said they expect to have legislation ready for President Barack Obama ’s signature by July 4. The Senate’s version of derivatives regulation, crafted by Senator Blanche Lincoln , will need to be merged with the language in the House bill passed in December. Lincoln, 49, an Arkansas Democrat facing a runoff election today for the party’s nomination, is a member of the conference committee and will play a leading role in negotiating the final language. Beyond the House Both bills have the clearing and exchange-trading requirements, which have drawn criticism from the banking industry for their “one size fits all” approach to regulating the market. The proposal by Lincoln, who is chairman of the Senate Agriculture Committee, goes further than the House language by limiting the scope of the exemption for commercial institutions that use the products to hedge risk. It also adds provisions the House and Obama administration have not offered, including the fiduciary and foreign exchange requirements. Lincoln’s proposal “is a lot tougher — in good ways and in bad ways — than what the House was looking at,” Darrell Duffie , a finance professor at Stanford University in California, said in a phone interview. Derivatives, such as stock options, are financial instruments based on the value of another security or benchmark. Some instruments, including contracts that insured mortgage- backed bonds, have been blamed for fueling a financial crisis that led to the worst recession since the Great Depression. Obama’s Point Man Commodity Futures Trading Commission Chairman Gary Gensler , the Obama administration’s point-man on the derivatives regulation, has criticized the House bill’s approach to the market for creating too many loopholes for banks to exploit. The Senate bill has a more “narrow and explicit” exemption, Gensler said in a June 3 speech in New York . Representative Barney Frank , the author of the House bill and the top House negotiator in conference, said in an interview last month there were “votes on derivatives I lost on the floor that I would have won in today’s environment.” The clearing and exchange-trading requirements alone are expected to cut into bank profits — JPMorgan Chase Chief Executive Officer Jamie Dimon , before the Lincoln proposal was released, estimated in an April conference call with investors that new derivatives rules could cost his bank between $700 million and $2 billion. Jefferson County The fiduciary duty requirement was crafted in response to swaps deals between Wall Street and local governments designed to keep monthly interest payments low as lending rates change. Such deals often went sour during the economic crisis, pushing one municipality, Jefferson County, Alabama, to the brink of bankruptcy, Lincoln said. “The bill’s ‘fiduciary duty’ provision would require swap dealers to put the financial interests of state and local governments, retirement plans, pensions and university endowments before its own, ensuring Wall Street doesn’t take advantage of Main Street and taxpayers,” Lincoln said in a June 4 statement provided by her office. “The stories of abuse in this area are alarming and need to be addressed.” Asset-management firm BlackRock Inc. and some of the largest business trade groups in Washington have argued that imposing a fiduciary duty on deals with municipalities may shut down a market in which, for example, public retirement funds purchase derivatives in order to manage their portfolios. ‘Conflicting Interests’ “By definition, the two parties to a swap (or any other commodity transaction) have conflicting interests,” a coalition of gas and energy industry groups including the American Gas Association, the Independent Petroleum Association of America and the American Wind Energy Association, said in a May letter to Senate leaders . “Mandating a fiduciary responsibility on swap dealers will prevent them from entering into swap transactions with state and local governments.” The bill includes a provision that would require swaps dealers to report price information on a timely basis to the public — a provision designed to increase price transparency. Banks have opposed the language, arguing that it could reduce market liquidity. Gensler has backed the idea, which Stanford’s Duffie called one of “the most important additions” to the debate. “Real time post-trade reporting of transactions is an essential element of a transparent marketplace,” Gensler said last week in his speech. “An effective conference committee report should include these provisions.” Lincoln also broke from the Obama administration and House in placing foreign exchange swaps under the clearing and exchange trading requirements of the bill. Gensler has supported the inclusion. To contact the reporter on this story: Phil Mattingly in Washington at pmattingly@bloomberg.net .

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BP Capturing Half of Leaking Oil as Spending Balloons to $27 Million a Day

June 7, 2010

By Brian Swint June 7 (Bloomberg) — BP Plc said that spending increased at a faster rate on the response to the Gulf of Mexico oil spill, the worst in U.S. history. BP has spent $1.25 billion so far, the company said in a statement in London today. That’s about $27 million a day, compared with $24 million a day in a June 1 estimate. BP said it captured 11,100 barrels on June 6 from the leaking well on the ocean floor, more than the previous day and about half of the top end of the estimated spill rate. A new cap over the well is capable of collecting the “vast majority” of the oil gushing out, Chief Executive Officer Tony Hayward said in an interview with the British Broadcasting Corp. yesterday. The U.S. Coast Guard said that the Gulf will be under “siege” from oil pollution until the fall. “It will be a few days before an assessment can be made as to the success of this containment effort,” BP said in today’s statement. A containment cap “never before has been deployed at these depths and conditions, and its efficiency and ability to contain the oil and gas cannot be assured.” The stock is down 34 percent since the April 20 explosion on the Deepwater Horizon rig that killed 11 workers and triggered the leak. BP fell 0.2 percent to 432.5 pence as of 3:12 p.m. in London today. Total Cost About 40 billion pounds ($58 billion) has been wiped off the value of BP since the accident. The spill may cost the company as much as $37 billion in cleanup and litigation costs, Credit Suisse estimated on June 2. BP is preparing a second system to capture even more oil that will be implemented within the week, Hayward said yesterday. BP plans to swap out those temporary systems with one that is more hurricane-proof by the end of the month. Hayward said he wouldn’t quit because of the oil spill and that BP has the financial strength to pay for the cleanup and to remain independent. The spill has soiled about 140 miles of shoreline in Louisiana, Alabama and Mississippi, along with some 80 miles in Florida, the Coast Guard said June 5. The well is estimated by U.S. government scientists to be gushing 12,000 to 19,000 barrels a day. BP said it will continue to try increasing the amount of oil it is capturing with its latest containment system. “I’d like to see us capture 90-plus percent of this flow,” Doug Suttles , BP’s chief operating officer for exploration and production, said June 4 on CBS’s “Early Show.” “That’s possible with this design.” President Barack Obama said communities along the Gulf Coast suffering because of the oil spill will be “made whole” with payments from BP and government aid. In his weekly address on the radio and Internet, which was taped June 4 in Grand Isle, Louisiana, Obama said livelihoods that have spanned generations are in danger of being lost. To contact the reporter on this story: Brian Swint in London at bswint@bloomberg.net .

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U.S. Ramps Up Coastal Protection as BP’s Oil May Linger in Gulf for Months

June 7, 2010

By Simon Lomax and Aaron Clark June 7 (Bloomberg) — Oil from BP Plc ’s ruptured well will linger in the Gulf of Mexico until at least the fall and the U.S. is seeking more equipment to help prevent the crude coming ashore, Coast Guard Admiral Thad Allen said. Skimming equipment to corral oil on the surface is being sent to the Gulf from all over the U.S. to keep the crude as much as 50 miles (80 kilometers) off the coasts of Florida, Alabama, Mississippi and Louisiana, Allen said. “This is a siege across the entire Gulf,” Allen, in charge of the government response to the leak, said yesterday on CBS’s “Face the Nation” broadcast. “There will be oil out there for months. This will be well into the fall.” BP said it captured 10,500 barrels of oil from the leak on June 5, up from 6,077 barrels the previous day. The flow from the seabed leak 5,000 feet (1,524 meters) below the surface is estimated by government scientists at 12,000 to 19,000 barrels a day. The leak began April 20 when the Deepwater Horizon rig owned by Transocean Ltd. and leased by BP exploded and sank two days later, killing 11 workers and unleashing the biggest oil spill in U.S. history. Allen said the company was “taking every step possible” to plug the well, yet he joined Florida Governor Charlie Crist in faulting BP for slow response to compensate businesses and workers for losses. “We want these claims to be responded to much more quickly,” Crist said on CNN’s “State of the Union” broadcast. “These people need help. And we have to be there to try to make them as whole as we can during this very difficult process.” Lawyer Task Force Florida formed a task force of lawyers to handle claims for additional compensation from businesses including restaurants, hotels, oyster fishermen and companies that depend on the Gulf, Crist said. BP reported that 37,193 claims have been submitted and $48.4 million has been distributed, according to a statement on the Deepwater Horizon Response website. About half of the claims have been paid and the other half are being processed, Mark Proegler, a spokesman for BP said in a telephone interview. No claims have been denied to date, according to the statement. BP’s spending on claims through June may top $84 million Darryl Willis, vice president of resources at BP America, said June 5 on a conference call. Skimming Armada The U.S. is gathering the oil on the surface using skimmers to remove the oil-and-water mix. Near the shore, booms are being used to block oil from reaching beaches, Allen said. A skimming armada has been deployed and “What we’re trying to do is fight this thing offshore,” Allen said on ABC’s “This Week” broadcast. “This is a war. It’s an insidious war, because it’s attacking four states.” Efforts to contain the spill are being hindered by winds and current, which can accelerate the movement of the slick on the surface, making it more difficult to attack, he said. “It’s not a monolithic, huge spill,” Allen said. “It’s disaggregated itself into hundreds, maybe thousands of smaller pieces of oil. So we’re trying to fight it on a lot of different fronts.” The oil could suffocate fish and other marine life, damage shorelines along the Gulf, sweeping around to Florida’s Atlantic Coast, according to marine scientists. Atlantic Coast The National Center for Atmospheric Research said June 3 that oil from the spill may reach Florida’s Atlantic Coast within weeks and then move as far north as Cape Hatteras, North Carolina. Oil that washed ashore on beaches in Florida’s northwest Panhandle region was quickly cleared, and crews are removing tar balls that are left on the sand, Crist said yesterday. Mississippi Governor Haley Barbour said state beaches remained free of tar balls or other deposits although tourists may think the coast from Florida to Texas is “ankle-deep in oil.” “Our tourist season has been hurt by the misperception of what’s going on down here,” Barbour said on the “Fox News Sunday” broadcast. Barbour said President Barack Obama’s six-month moratorium on offshore drilling imposed last month will delay production in the Gulf, which represents 30 percent of U.S. oil and natural gas production, and increase imports. Lost Production “The loss of production that we’re going to suffer will make us even more dependent on the Middle East, on Venezuela, on people that aren’t our friends,” Barbour, a Republican, said on the “Fox News Sunday” broadcast. Barbour endorsed the call by Louisiana Governor Bobby Jindal to resume offshore drilling in the Gulf. The moratorium will shut 33 deepwater rigs in the Gulf of Mexico costing as many as 6,000 jobs this month and 20,000 by the end of next year, Jindal said in a letter to Obama on June 2. As focus remained on BP’s offshore explosion and oil leak, an onshore natural gas well had a “blowout” last week about 122 miles northeast of Pittsburgh, which helped drive natural gas prices to a 14-week high on concern tighter restrictions on offshore drilling will spread onshore. “A lot of people are starting to worry about the Gulf production of gas,” said Carl Larry , president of Oil Outlooks & Opinions LLC in Houston. “The more we cut back on Gulf production, the more we rely on shale production.” To contact the reporter on this story: Simon Lomax in Washington at slomax@bloomberg.net

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U.S. Ramps Up Coast Protection as BP Oil May Linger for Months

June 7, 2010

By Simon Lomax and Aaron Clark June 7 (Bloomberg) — Oil from BP Plc ’s ruptured well will linger in the Gulf of Mexico until at least the fall and the U.S. is seeking more equipment to help prevent the crude coming ashore, Coast Guard Admiral Thad Allen said. Skimming equipment to corral oil on the surface is being sent to the Gulf from all over the U.S. to keep the crude as much as 50 miles (80 kilometers) off the coasts of Florida, Alabama, Mississippi and Louisiana, Allen said. “This is a siege across the entire Gulf,” Allen, in charge of the government response to the leak, said yesterday on CBS’s “Face the Nation” broadcast. “There will be oil out there for months. This will be well into the fall.” BP said it captured 10,500 barrels of oil from the leak on June 5, up from 6,077 barrels the previous day. The flow from the seabed leak 5,000 feet (1,524 meters) below the surface is estimated by government scientists at 12,000 to 19,000 barrels a day. The leak began April 20 when the Deepwater Horizon rig owned by Transocean Ltd. and leased by BP exploded and sank two days later, killing 11 workers and unleashing the biggest oil spill in U.S. history. Allen said the company was “taking every step possible” to plug the well, yet he joined Florida Governor Charlie Crist in faulting BP for slow response to compensate businesses and workers for losses. “We want these claims to be responded to much more quickly,” Crist said on CNN’s “State of the Union” broadcast. “These people need help. And we have to be there to try to make them as whole as we can during this very difficult process.” Lawyer Task Force Florida formed a task force of lawyers to handle claims for additional compensation from businesses including restaurants, hotels, oyster fishermen and companies that depend on the Gulf, Crist said. BP reported that 37,193 claims have been submitted and $48.4 million has been distributed, according to a statement on the Deepwater Horizon Response website. About half of the claims have been paid and the other half are being processed, Mark Proegler, a spokesman for BP said in a telephone interview. No claims have been denied to date, according to the statement. BP’s spending on claims through June may top $84 million Darryl Willis, vice president of resources at BP America, said June 5 on a conference call. Skimming Armada The U.S. is gathering the oil on the surface using skimmers to remove the oil-and-water mix. Near the shore, booms are being used to block oil from reaching beaches, Allen said. A skimming armada has been deployed and “What we’re trying to do is fight this thing offshore,” Allen said on ABC’s “This Week” broadcast. “This is a war. It’s an insidious war, because it’s attacking four states.” Efforts to contain the spill are being hindered by winds and current, which can accelerate the movement of the slick on the surface, making it more difficult to attack, he said. “It’s not a monolithic, huge spill,” Allen said. “It’s disaggregated itself into hundreds, maybe thousands of smaller pieces of oil. So we’re trying to fight it on a lot of different fronts.” The oil could suffocate fish and other marine life, damage shorelines along the Gulf, sweeping around to Florida’s Atlantic Coast, according to marine scientists. Atlantic Coast The National Center for Atmospheric Research said June 3 that oil from the spill may reach Florida’s Atlantic Coast within weeks and then move as far north as Cape Hatteras, North Carolina. Oil that washed ashore on beaches in Florida’s northwest Panhandle region was quickly cleared, and crews are removing tar balls that are left on the sand, Crist said yesterday. Mississippi Governor Haley Barbour said state beaches remained free of tar balls or other deposits although tourists may think the coast from Florida to Texas is “ankle-deep in oil.” “Our tourist season has been hurt by the misperception of what’s going on down here,” Barbour said on the “Fox News Sunday” broadcast. Barbour said President Barack Obama’s six-month moratorium on offshore drilling imposed last month will delay production in the Gulf, which represents 30 percent of U.S. oil and natural gas production, and increase imports. Lost Production “The loss of production that we’re going to suffer will make us even more dependent on the Middle East, on Venezuela, on people that aren’t our friends,” Barbour, a Republican, said on the “Fox News Sunday” broadcast. Barbour endorsed the call by Louisiana Governor Bobby Jindal to resume offshore drilling in the Gulf. The moratorium will shut 33 deepwater rigs in the Gulf of Mexico costing as many as 6,000 jobs this month and 20,000 by the end of next year, Jindal said in a letter to Obama on June 2. As focus remained on BP’s offshore explosion and oil leak, an onshore natural gas well had a “blowout” last week about 122 miles northeast of Pittsburgh, which helped drive natural gas prices to a 14-week high on concern tighter restrictions on offshore drilling will spread onshore. “A lot of people are starting to worry about the Gulf production of gas,” said Carl Larry , president of Oil Outlooks & Opinions LLC in Houston. “The more we cut back on Gulf production, the more we rely on shale production.” To contact the reporter on this story: Simon Lomax in Washington at slomax@bloomberg.net

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BP Capturing Half of Leaking Oil as Spending Ramps Up to $27 Million a Day

June 7, 2010

By Brian Swint June 7 (Bloomberg) — BP Plc said that spending increased at a faster rate on the response to the Gulf of Mexico oil spill, the worst in U.S. history. BP has spent $1.25 billion so far, the company said in a statement in London today. That’s about $27 million a day, compared with $24 million a day in a June 1 estimate. BP said yesterday it captured 10,500 barrels on June 5 from the leaking well on the ocean floor, about half of the top end of the estimated spill rate. A new cap over the well is capable of collecting the “vast majority” of the oil gushing out, Chief Executive Officer Tony Hayward said in an interview with the British Broadcasting Corp. yesterday. The U.S. Coast Guard said that the Gulf will be under “siege” from oil pollution until the fall. “It will be a few days before an assessment can be made as to the success of this containment effort,” BP said in today’s statement. A containment cap “never before has been deployed at these depths and conditions, and its efficiency and ability to contain the oil and gas cannot be assured.” The stock is down 33 percent since the April 20 explosion on the Deepwater Horizon rig that killed 11 workers and triggered the leak. BP rose 1.4 percent to 439.60 pence as of 8:10 a.m. in London today. BP is preparing a second system to capture even more oil that will be implemented within the week, Hayward said yesterday. BP plans to swap out those temporary systems with one that is more hurricane-proof by the end of the month. Financial Strength Hayward said he wouldn’t quit because of the oil spill and that BP has the financial strength to pay for the cleanup and to remain independent. The spill has soiled about 140 miles of shoreline in Louisiana, Alabama and Mississippi, along with some 80 miles in Florida, the Coast Guard said June 5. The well is estimated by U.S. government scientists to be gushing 12,000 to 19,000 barrels a day. BP said it will continue to try increasing the amount of oil it is capturing with its latest containment system. “I’d like to see us capture 90-plus percent of this flow,” Doug Suttles , BP’s chief operating officer for exploration and production, said June 4 on CBS’s “Early Show.” “That’s possible with this design.” President Barack Obama said communities along the Gulf Coast suffering because of the oil spill will be “made whole” with payments from BP and government aid. In his weekly address on the radio and Internet, which was taped June 4 in Grand Isle, Louisiana, Obama said livelihoods that have spanned generations are in danger of being lost. To contact the reporter on this story: Brian Swint in London at bswint@bloomberg.net .

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BP Increases Gulf Oil-Capture Rate to 10,500 Barrels a Day, Hayward Says

June 6, 2010

By Edward Klump and Aaron Clark June 6 (Bloomberg) — BP Plc said it increased the amount of oil being captured from its leaking well in the Gulf of Mexico to 10,500 barrels yesterday and expects to increase that quantity in the next few days. The well is estimated by government scientists to be gushing 12,000 to 19,000 barrels a day into the Gulf. BP said yesterday it collected 6,077 barrels in the previous 24-hour period ending at midnight June 4. The spill is the worst oil spill in U.S. history. A “cap” over the well is capturing “probably the vast majority” of the leaking oil , Chief Executive Officer Tony Hayward told the Broadcasting Corp. today in an interview in London. BP has “a further containment system to implement this week,” he said, adding that a permanent and hurricane-proof mechanism will be in place by the end of the month. Oil from the gushing well will remain in the water into the fall, U.S. Coast Guard Admiral Thad Allen said today on CBS’s “Face the Nation” broadcast. “There will be oil out there for months to come,” Allen said. “This spill is holding everyone hostage. This is a siege. It’s going to go on for a long time.” Improvement Expected After the cap was put in place the night of June 3, gas reached a surface ship at about 11 p.m. local time, and oil was being piped to the ship about 10 minutes later, BP said yesterday on its website. “Improvement in oil collection is expected,” the London- based company said today on its website . “We’re hoping to improve it over the next few days,” BP spokesman Mark Salt said in a telephone interview today. Allen said yesterday in a news conference that four vents on the cap remained open, allowing oil to flow through the cap and into the ocean. BP will try to close the vents when pressure is stabilized, he said. The system can capture as much as 15,000 barrels a day, and BP will push toward that limit, according to Allen. “I’d like to see us capture 90-plus percent of this flow,” Doug Suttles , BP’s chief operating officer for exploration and production, said June 4 on CBS’s “Early Show.” “That’s possible with this design.” The shears used to prepare the well for the cap created a cut that was more jagged than had been hoped for, so there is isn’t a perfect seal between the cap and the well, Allen said. The company won’t know how bad the leakage is until it is capturing more oil, he said. History Lesson “History has taught us here to be cautiously optimistic, not overly optimistic,” Dan Pickering , an analyst at investment bank Tudor Pickering Holt & Co. in Houston, said yesterday. He said capturing 90 percent of the flow would be a “huge home run.” The spill, which has cost BP more than $1 billion, has soiled about 140 miles of shoreline in Louisiana, Alabama and Mississippi, along with some 80 miles in Florida, the Coast Guard said yesterday. Gulf winds are moving the oil now in the water closer to the coasts of Mississippi, Alabama and Florida, Allen said. He said oil in tar balls and patties is affecting areas from western Mississippi to Pensacola, Florida. The well began gushing oil after the Deepwater Horizon rig BP leased from Transocean Ltd. exploded on April 20 and sank two days later, resulting in the deaths of 11 workers. The leak is 40 miles (64 kilometers) off Louisiana’s coast under about 5,000 feet of water. Obama, Hayward President Barack Obama said communities along the Gulf Coast suffering because of the oil spill will be “made whole” with payments from BP and government aid. In his weekly address on the radio and Internet, which was taped June 4 in Grand Isle, Louisiana, Obama said livelihoods that have spanned generations are in danger of being lost. BP’s Hayward told the BBC he hadn’t spoken directly to Obama since the Deepwater Horizon rig exploded. “There is no need for that,” Hayward said. “I have spoken to his key lieutenants.” BP and the Obama administration are working “hand-in-hand” to resolve the spill, Hayward said. Hayward told the Sunday Telegraph newspaper in an interview published today that he doesn’t fear the threat of jail as a result of a criminal probe into the spill and that he expects to be in his job a year from now. Kuwait Investment Kuwait Investment Authority, the country’s sovereign wealth fund, isn’t considering selling its 1.75 percent stake in BP and believes there is no threat to the company’s future as a result of the spill, the Al-Rai newspaper reported today. Businesses and workers losing income from the Gulf of Mexico oil spill should be getting money more quickly from BP, the Coast Guard’s Allen said today. The company must “get better at claims processing and helping these people that need money,” Allen said on CBS today. “I know that’s not what they do as a corporation but they have got a responsibility,” Allen said. BP has paid about half of the 35,000 claims submitted by Gulf residents and companies for income lost because of the spill, Darryl Willis, vice president of resources at BP America, said yesterday on a conference call. BP is awaiting documentation for the other claims, he said. Willis said the company’s claims spending through June may top $84 million. ‘First Call’ Hayward told investors June 4 on a conference call the spill has the “first call” on the company’s funds and financial consequences of the spill will be “severe.” Allen said relief-well operations to stop the leak will involve pumping mud to reduce pressure and placing a cement plug. He said this effort will be the “bottom kill exercise.” Allen said the “worst case” he sees is that a discharge continues until relief wells are completed in August. “In the long term, the threat from this well will not go away until the relief well has been drilled, pressure has been taken off and the well has been plugged,” Allen said. “In the meantime, we need to optimize our containment efforts.” To contact the reporter on this story: Edward Klump in Houston at eklump@bloomberg.net .; Aaron Clark in New York at aclark27@bloomberg.net

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BP Is Capturing 10,000 Barrels a Day From Gulf Spill, Chief Hayward Says

June 6, 2010

By Edward Klump June 6 (Bloomberg) — BP Plc plans to increase the oil- capture rate from its leaking well in the Gulf of Mexico as the company tries to contain the worst oil spill in U.S. history. BP is collecting around 10,000 barrels of crude a day, Chief Executive Officer Tony Hayward told the British Broadcasting Corp. today in a live interview in London. The well is estimated by government scientists to be gushing 12,000 to 19,000 barrels into the Gulf every day. A “cap” over the well is capturing “probably the vast majority” of the leaking oil , Hayward said. BP has “a further containment system to implement this week,” he said, adding that a permanent and hurricane-proof mechanism will be in place by the end of the month. U.S. Coast Guard Admiral Thad Allen said yesterday in a news conference that four vents on the cap remained open, allowing oil to flow through the cap and into the ocean. BP will try to close the vents when pressure is stabilized, Allen said. On June 4, Allen said BP was recovering oil at the rate of about 1,000 barrels a day. BP said yesterday that it collected 6,077 barrels of crude in the 24-hour period of June 4. “They are making adjustments to the systems and making sure they don’t increase the production rate until it’s safe to do so,” Allen said. Improvement Expected After the cap was put in place the night of June 3, gas reached a surface ship at about 11 p.m. local time, and oil was being piped to the ship about 10 minutes later, BP said yesterday on its website. “Improvement in oil collection is expected over the next several days,” the London-based company said yesterday on its website . The system can capture as much as 15,000 barrels a day, and BP will push toward that limit, Allen said. “I’d like to see us capture 90-plus percent of this flow,” Doug Suttles , BP’s chief operating officer for exploration and production, said June 4 on CBS’s “Early Show.” “That’s possible with this design.” The shears used to prepare the well for the cap created a cut that was more jagged than had been hoped for, so there is isn’t a perfect seal between the cap and the well, Allen said. The company won’t know how bad the leakage is until it is capturing more oil, he said. History Lesson “History has taught us here to be cautiously optimistic, not overly optimistic,” Dan Pickering , an analyst at investment bank Tudor Pickering Holt & Co. in Houston, said yesterday. He said capturing 90 percent of the flow would be a “huge home run.” The spill, which has cost BP more than $1 billion, has soiled about 140 miles of shoreline in Louisiana, Alabama and Mississippi, along with some 80 miles in Florida, the Coast Guard said yesterday. Gulf winds are moving the oil now in the water closer to the coasts of Mississippi, Alabama and Florida, Allen said. He said oil in tar balls and patties is affecting areas from western Mississippi to Pensacola, Florida. The well began gushing oil after the Deepwater Horizon rig BP leased from Transocean Ltd. exploded on April 20 and sank two days later, resulting in the deaths of 11 workers. The leak is 40 miles (64 kilometers) off Louisiana’s coast under about 5,000 feet of water. Obama, Hayward President Barack Obama said communities along the Gulf Coast suffering because of the oil spill will be “made whole” with payments from BP and government aid. In his weekly address on the radio and Internet, which was taped June 4 in Grand Isle, Louisiana, Obama said livelihoods that have spanned generations are in danger of being lost. BP’s Hayward told the BBC he hadn’t spoken directly to Obama since the Deepwater Horizon rig exploded. “There is no need for that,” Hayward said. “I have spoken to his key lieutenants.” BP and the Obama administration are working “hand-in-hand” to resolve the spill, Hayward said. The company has paid about half of the 35,000 claims submitted by Gulf residents and companies for income lost because of the spill, Darryl Willis, vice president of resources at BP America, said yesterday on a conference call. BP is awaiting documentation for the other claims, he said. Willis said the company’s claims spending through June may top $84 million. ‘First Call’ Hayward told investors June 4 on a conference call the spill has the “first call” on the company’s funds and financial consequences of the spill will be “severe.” Allen said relief-well operations to stop the leak will involve pumping mud to reduce pressure and placing a cement plug. He said this effort will be the “bottom kill exercise.” Allen said the “worst case” he sees is that a discharge continues until relief wells are completed in August. “In the long term, the threat from this well will not go away until the relief well has been drilled, pressure has been taken off and the well has been plugged,” Allen said. “In the meantime, we need to optimize our containment efforts.” To contact the reporter on this story: Edward Klump in Houston at eklump@bloomberg.net .

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New Orleans Judge Sells Investments to Avoid Oil Spill Conflict

June 4, 2010

By Laurel Brubaker Calkins June 4 (Bloomberg) — A New Orleans federal judge presiding over lawsuits related to the Gulf of Mexico oil spill said he sold his investment in companies linked to the disaster to avoid any appearance he might be biased. “So there is no perception of a conflict in these cases, yesterday I instructed my broker to sell the few Transocean and Halliburton bonds in my account,” U.S. District Judge Carl Barbier said in an e-mail. BP Plc and Transocean Ltd. oil-spill lawsuits may be combined before a judge from outside the Gulf Coast states, because judges in the region are withdrawing from cases, citing conflicts of interest. Six of 12 active judges assigned to the federal judicial district based in New Orleans already have removed themselves from spill-damage lawsuits, according to a court official and public records. The judges found conflicts tied to oil investments or personal relationships with lawyers or companies involved. Several additional federal judges in districts based in Lafayette, Louisiana, Mobile, Alabama and Pensacola, Florida, have also disqualified themselves from oil-spill cases, according to public records. Barbier said the judicial code of conduct forbids federal judges from owning common stock in a corporation involved in any case that comes before them. ‘Not Required’ “However, recusal is not required if the stock is part of a mutual fund unless the judge participates in the management of the fund,” Barbier said. “Nor is recusal required because of ownership of debt instruments such as corporate debentures or bonds.” Barbier’s portfolio contained Transocean Sedco Forex Notes and Halliburton Co. debentures, according to financial disclosure forms posted by Judicial Watch, a self-styled conservative advocacy group based in Washington. More than 170 proposed class-action lawsuits, representing potentially thousands of claims, have been filed in courthouses from Texas to Florida. The plaintiffs include fishing industry workers, property owners and coastal businesses harmed by the oil spill caused by the sinking of the Deepwater Horizon in April. BP, the owner of the offshore lease, and Transocean, the rig owner, are named in virtually all the cases. Halliburton Energy Services Inc., which provided cementing services to the well, and Cameron International Corp. , which supplied blowout prevention equipment, are also named in most of the lawsuits. Federal Judicial Panel A federal judicial panel will hear arguments in July over whether all oil-spill cases should be consolidated into a single multidistrict litigation proceeding before one judge. One group of plaintiffs’ lawyers has asked that a judge be brought in from outside the Gulf Coast to preside over the oil- spill litigation, because of the number of judges within the region stepping aside over conflicts of interest. “Plaintiffs have been informed that most or all of the judges in the district have a conflict and cannot preside” over the oil-spill cases, lawyers with Weitz & Luxenberg PC of New York, said in a request for the multidistrict-litigation panel to consolidate the cases in New Orleans, which the lawyers called “the epicenter of this disaster.” The attorneys suggested U.S. District Judge Shira Scheindlin , also of New York, be brought to Louisiana to preside over the combined spill cases. Scheindlin previously handled the consolidation of more than 200 lawsuits over drinking water supplies contaminated by a gasoline additive. Some of the world’s largest energy companies were defendants in that litigation, including a unit of BP, the company with primarily liability for damages from the Gulf spill. The case is In Re: Oil Spill By the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, U.S. Judicial Panel on Multidistrict Litigation, MDL-2179, Washington. To contact the reporter on this story: Laurel Brubaker Calkins in Houston at laurel@calkins.us.com .

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BP Plunges After Attempt to Plug Gulf Oil Leak Fails

June 1, 2010

By Brian Swint and John Glover June 1 (Bloomberg) — BP Plc fell the most in 18 years in London trading after abandoning an attempt to plug a leaking oil well in the Gulf of Mexico, the worst spill in U.S. history. BP plunged as much as 17 percent to 411.5 pence, the steepest one-day drop since June 1992, and its bonds traded in line with companies rated as much as five levels lower. BP said on May 29 the attempt to plug the leak using heavy fluids and debris had failed. That rules out stopping the flow of oil from the well until relief drilling is completed in August. “Until the flow of oil from this well can be halted, there will remain considerable uncertainty over the potential damages,” said Peter Hitchens , an analyst at Panmure Gordon & Co. in London. “Although we believe that the market has overreacted to the bad news, we feel that there will be little stimulus to the shares whilst this leak continues to pump oil into the sea.” The company will now try to contain the spill by fitting a pipe over the leak later this week to bring the oil to a drillship on the surface, it said in a statement in London today. The operation may temporarily increase the flow of oil into the Gulf before a cap can seal the pipe. The cost of responding to the spill has risen close to $1 billion, BP said. Investors demand a yield premium of 148 basis points on average to buy BP’s bonds rather than government debt, Bank of America Merrill Lynch’s energy industry index shows. That’s almost double the 77-basis point spread on notes sold by industrial companies with similar credit ratings. The shares traded at 419 pence at 12:04 p.m. London time. Chief Executive Officer Tony Hayward ’s effort to stop the leak and clean up the spill is becoming more urgent as hurricane season starts. Winds from the southwest could spread the spill this week to threaten the coasts of Mississippi and Alabama, the National Oceanic and Atmospheric Administration said. BP said today it has so far spent $990 million responding to the explosion on the Deepwater Horizon rig on April 20 that killed 11 workers, as well as the cleanup from the oil spill. Survival at Stake The company’s survival is at stake, London-based investment bank Arbuthnot Securities Ltd. said today. The cost of the disaster and the share-price drop may make BP a takeover target or force the company to split up, analyst Dougie Youngson said in a note. Credit-default swap contracts on BP rose to a record 136 basis points from 100.6 basis points on May 28, according to CMA DataVision prices in London. A basis point on a contract protecting 10 million euros ($12.2 million) of debt from default for five years is equivalent to 1,000 euros a year. Using robots at the mile-deep well, BP plans to shear away most of the damaged pipe that once rose from the well to the Deepwater Horizon. It will then make a more precise cut with a diamond-toothed band saw to make a clean junction for a gasket-lined cap, which is intended to catch most of the oil and route it to the surface through a pipe, BP Managing Director Robert Dudley said in television interviews last weekend. Engineers expect the method to work better than a smaller pipe used to capture 22,000 barrels of oil, he said. The well has spewed from 12,000 barrels to 19,000 barrels of oil a day, a government panel estimated May 27. Government experts estimate the spill will increase over the four to seven days BP needs to fix the cap, White House Energy Adviser Carol Browner said on May 30. Winning the Lottery BP reiterated that the first relief well, which it began drilling May 2, is now at 12,090 feet, two-thirds of the way to completion. The drilling effort is “on track, even slightly ahead,” said BP’s Pack. The chances of intercepting the damaged well with a relief well on the first try are equivalent to winning the lottery, according to David Rensink, the president-elect of the American Association of Petroleum Geologists. Initial failure is “almost a certainty,” he said. President Barack Obama ordered BP’s cleanup efforts tripled in oiled areas that encompass 107 miles (172 kilometers) of shoreline and 30 acres of tidal marsh. “Every day that this leak continues is an assault on the people of the Gulf Coast region, their livelihoods, and the natural bounty that belongs to all of us,” Obama said in a statement May 29. “It is as enraging as it is heartbreaking.” To contact the reporter on this story: Brian Swint in London at bswint@bloomberg.net ; John Glover in London at johnglover@bloomberg.net .

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Supreme Court Nominee Kagan May Get Confirmation Support From Republicans

June 1, 2010

By Laura Litvan June 1 (Bloomberg) — Some Republican senators are extolling the record of U.S. Supreme Court nominee Elena Kagan , suggesting she might win confirmation with support from many members of the minority party. Lindsey Graham of South Carolina, Susan Collins of Maine and Richard Lugar of Indiana are among the Republicans praising her. They say Kagan’s background, including serving as dean of Harvard Law School , is impressive and her lack of judicial experience isn’t a barrier to serving on a high court. Barring surprises, there may be more votes for Kagan than for President Barack Obama ’s first Supreme Court appointee, Sonia Sotomayor , said Manuel Miranda of the conservative judicial group Third Branch Conference in Washington. Sotomayor was approved 68-31 last year. “Elena Kagan is going to get much more support from Republicans,” Miranda said in an interview, predicting the total would exceed 70. Kagan, 50, who as solicitor general is the Obama administration’s chief courtroom lawyer, was nominated May 10 to replace retiring Justice John Paul Stevens . Republicans have all but ruled out a filibuster to block a Senate floor vote. Democrats control the Senate 59-41, one vote short of the 60 needed to overcome the delaying tactic. Republicans said they will withhold judgment on the nomination until her confirmation hearings, noting that they are waiting for the release of documents from Kagan’s work more than a decade ago in President Bill Clinton ’s White House. The hearings begin June 28. Gays in the Military Kagan’s critics have focused on her lack of judicial experience and her opposition, as Harvard’s law school dean, to military recruiting on the campus in protest over the policy of banning openly gay men and women from serving in the armed forces. Neither issue has gained much traction with some Republicans. “The fact that she hasn’t been a judge doesn’t scare me off,” Graham said on May 27. “I don’t think that argument is going to go very far.” Lugar said he has supported almost every high court nominee in his 34 years in the Senate, and there is nothing so far in Kagan’s record to change that. “I generally take the position of feeling that the president, whoever that is at the time, should have the opportunity to make a nomination and to have serious consideration of that nomination,” Lugar said. Military Recruiters The prohibition on military recruiters at Harvard’s law school will be explored at the hearings. Kagan supported a lawsuit aimed at overturning Congress’s ban on federal funds for schools that barred military recruiters. A federal appeals court supported her view, and the military was required to go off campus to recruit students. The Supreme Court reversed that decision, holding that the military could require federally funded schools to allow recruiters, and Kagan allowed them back. The top Republican on the Senate Judiciary Committee , Jeff Sessions of Alabama, accused Kagan in a Senate floor speech on May 24 of lacking a legal basis to bar the recruiters while the Supreme Court was reviewing the matter. “She gave big law firms full access to recruit bright, young associates,” Sessions said, “but obstructed the access of the military” to recruit lawyers to “represent our soldiers as they were risking their lives for our country.” Eased Concerns Some Republicans — including Collins, Olympia Snowe of Maine and Scott Brown of Massachusetts — said Kagan has eased their concerns in private talks with her. “I saw no evidence that she is anti-military,” Collins said in an interview. The hearings could still be contentious. Lawmakers in both parties want to look into memos and e-mails Kagan wrote while serving as a White House associate counsel in 1995 and 1996 and as a deputy assistant for domestic policy from 1997 to 1999, when Clinton was president. Leonard Leo, executive vice president of the conservative Federalist Society , said those records may hold surprises. He said Chief Justice John Roberts left a paper trail on such issues as civil rights and abortion from his work in the administration of President Ronald Reagan , prompting questioning at his confirmation hearings. Documents related to Kagan’s work could be extensive. She is the first high court nominee to have served a president during the e-mail era, Leo noted. “One of the things I think we’ll see is a lot of candor” in the memos, he said. “We live in a world where you’re one sound bite away from really creating a problem for yourself,” Graham said. “So you never know.” To contact the reporter on this story: Laura Litvan in Washington at llitvan@bloomberg.net

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BP Declines Most in 18 Years After Abandoning Attempt to Plug Leaking Well

June 1, 2010

By Brian Swint and John Glover June 1 (Bloomberg) — BP Plc fell the most in 18 years in London trading after abandoning an attempt to plug a leaking oil well in the Gulf of Mexico, the worst spill in U.S. history. BP plunged as much as 17 percent to 411.5 pence, the steepest one-day drop since June 1992, and its bonds traded in line with companies rated as much as levels lower. BP said on May 29 the attempt to plug the leak using heavy fluids and debris had failed. That rules out stopping the flow of oil from the well until relief drilling is completed in August. “Until the flow of oil from this well can be halted, there will remain considerable uncertainty over the potential damages,” said Peter Hitchens , an analyst at Panmure Gordon & Co. in London. “Although we believe that the market has overreacted to the bad news, we feel that there will be little stimulus to the shares whilst this leak continues to pump oil into the sea.” The company will now try to contain the spill by fitting a pipe over the leak later this week to bring the oil to a drillship on the surface, it said in a statement in London today. The operation may temporarily increase the flow of oil into the Gulf before a cap can seal the pipe. The cost of responding to the spill has risen close to $1 billion, BP said. Investors demand a yield premium of 148 basis points on average to buy BP’s bonds rather than government debt, Bank of America Merrill Lynch’s energy industry index shows. That’s almost double the 77-basis point spread on notes sold by industrial companies with similar credit ratings. The shares traded at 419 pence at 12:04 p.m. London time. Chief Executive Officer Tony Hayward ’s effort to stop the leak and clean up the spill is becoming more urgent as hurricane season starts. Winds from the southwest could spread the spill this week to threaten the coasts of Mississippi and Alabama, the National Oceanic and Atmospheric Administration said. BP said today it has so far spent $990 million responding to the explosion on the Deepwater Horizon rig on April 20 that killed 11 workers, as well as the cleanup from the oil spill. Survival at Stake The company’s survival is at stake, London-based investment bank Arbuthnot Securities Ltd. said today. The cost of the disaster and the share-price drop may make BP a takeover target or force the company to split up, analyst Dougie Youngson said in a note. Credit-default swap contracts on BP rose to a record 136 basis points from 100.6 basis points on May 28, according to CMA DataVision prices in London. A basis point on a contract protecting 10 million euros ($12.2 million) of debt from default for five years is equivalent to 1,000 euros a year. Using robots at the mile-deep well, BP plans to shear away most of the damaged pipe that once rose from the well to the Deepwater Horizon. It will then make a more precise cut with a diamond-toothed band saw to make a clean junction for a gasket-lined cap, which is intended to catch most of the oil and route it to the surface through a pipe, BP Managing Director Robert Dudley said in television interviews last weekend. Engineers expect the method to work better than a smaller pipe used to capture 22,000 barrels of oil, he said. The well has spewed from 12,000 barrels to 19,000 barrels of oil a day, a government panel estimated May 27. Government experts estimate the spill will increase over the four to seven days BP needs to fix the cap, White House Energy Adviser Carol Browner said on May 30. Winning the Lottery BP reiterated that the first relief well, which it began drilling May 2, is now at 12,090 feet, two-thirds of the way to completion. The drilling effort is “on track, even slightly ahead,” said BP’s Pack. The chances of intercepting the damaged well with a relief well on the first try are equivalent to winning the lottery, according to David Rensink, the president-elect of the American Association of Petroleum Geologists. Initial failure is “almost a certainty,” he said. President Barack Obama ordered BP’s cleanup efforts tripled in oiled areas that encompass 107 miles (172 kilometers) of shoreline and 30 acres of tidal marsh. “Every day that this leak continues is an assault on the people of the Gulf Coast region, their livelihoods, and the natural bounty that belongs to all of us,” Obama said in a statement May 29. “It is as enraging as it is heartbreaking.” To contact the reporter on this story: Brian Swint in London at bswint@bloomberg.net ; John Glover in London at johnglover@bloomberg.net .

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BP Spill Threatens Alabama, Mississippi Coasts as Hurricane Season Begins

June 1, 2010

By John Duce June 1 (Bloomberg) — Oil from the biggest spill in U.S. history could spread this week to threaten the coasts of Mississippi and Alabama, according a weather forecast that comes as the Atlantic hurricane season officially starts. Winds from the southwest are predicted this week, pushing the oil from BP Plc’s broken well in the Gulf of Mexico to a wider area of the U.S. coast, the National Oceanic and Atmospheric Administration said in a statement on its Website. “Results indicate that oil may move north to threaten the barrier islands off Mississippi and Alabama later in the forecast period,” the agency known as NOAA said. BP abandoned an attempt to plug the well spewing millions of gallons of oil and said it will now try to contain the spill by fitting a pipe over the leak later this week to bring the oil to a drillship on the surface. Ships seeking to funnel oil from the leak a mile under the Gulf may need to head to port in the event of a hurricane. Fifteen to 20 named storms may develop in the season threatening both the Gulf of Mexico and the U.S. East Coast, according to Greg Holland, director of the Mesoscale and Microscale Meteorology Division of the National Center for Atmospheric Research. The 2010 hurricane season in the Atlantic has an 85 percent chance of being above normal, with a 70 percent probability of 14 to 23 named storms, NOAA said on May 27. The season, which begins June 1 and ends Nov. 30, has a 70 percent chance of eight to 14 hurricanes, with three to seven of them major, according to the agency. To contact the reporter on this story: John Duce in Hong Kong at Jduce1@bloomberg.net

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Gulf Oil Spill: Holder To Tour Coast, Meet With State AGs, Federal Prosecutors

May 31, 2010

WASHINGTON — Attorney General Eric Holder plans to visit the Gulf Coast to see areas affected by the oil spill and meet with state attorneys general and U.S. prosecutors. The Justice Department says Holder will visit the region Tuesday. He is scheduled to receive a Coast Guard tour, then meet with the attorneys general of Louisiana, Alabama and Mississippi and several U.S. attorneys. Several senators have asked the Justice Department to determine whether criminal or civil laws were broken in the spill. BP PLC’s attempts to stanch the gushing oil have failed. BP may try again on Wednesday.

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Gulf Oil Spill: Massive Underwater Plumes Spell Disaster, Scientists Say

May 31, 2010

NEW ORLEANS — Independent scientists and government officials say there’s a disaster we can’t see in the Gulf of Mexico’s mysterious depths, the ruin of a world inhabited by enormous sperm whales and tiny, invisible plankton. Researchers have said they have found at least two massive underwater plumes of what appears to be oil, each hundreds of feet deep and stretching for miles. Yet the chief executive of BP PLC – which has for weeks downplayed everything from the amount of oil spewing into the Gulf to the environmental impact – said there is “no evidence” that huge amounts of oil are suspended undersea. BP CEO Tony Hayward said the oil naturally gravitates to the surface – and any oil below was just making its way up. However, researchers say the disaster in waters where light doesn’t shine through could ripple across the food chain. “Every fish and invertebrate contacting the oil is probably dying. I have no doubt about that,” said Prosanta Chakrabarty, a Louisiana State University fish biologist. On the surface, a 24-hour camera fixed on the spewing, blown-out well and the images of dead, oil-soaked birds have been evidence of the calamity. At least 20 million gallons of oil and possibly 43 million gallons have spilled since the Deepwater Horizon drilling rig exploded and sank in April. That has far eclipsed the 11 million gallons released during the Exxon Valdez spill off Alaska’s coast in 1989. But there is no camera to capture what happens in the rest of the vast Gulf, which sprawls across 600,000 square miles and reaches more than 14,000 feet at its deepest point. Every night, the denizens of the deep make forays to shallower depths to eat – and be eaten by – other fish, according to marine scientists who describe it as the largest migration on earth. In turn, several species closest to the surface – including red snapper, shrimp and menhaden – help drive the Gulf Coast fishing industry. Others such as marlin, cobia and yellowfin tuna sit atop the food chain and are chased by the Gulf’s charter fishing fleet. Many of those species are now in their annual spawning seasons. Eggs exposed to oil would quickly perish. Those that survived to hatch could starve if the plankton at the base of the food chain suffer. Larger fish are more resilient, but not immune to the toxic effects of oil. The Gulf’s largest spill was in 1979, when the Ixtoc I platform off Mexico’s Yucatan peninsula blew up and released 140 million gallons of oil. But that was in relatively shallow waters – about 160 feet deep – and much of the oil stayed on the surface where it broke down and became less toxic by the time it reached the Texas coast. But last week, a team from the University of South Florida reported a plume was headed toward the continental shelf off the Alabama coastline, waters thick with fish and other marine life. The researchers said oil in the plumes had dissolved into the water, possibly a result of chemical dispersants used to break up the spill. That makes it more dangerous to fish larvae and creatures that are filter feeders. Responding to Hayward’s assertion, one researcher noted that scientists from several different universities have come to similar conclusions about the plumes after doing separate testing. No major fish kills have been reported, but federal officials said the impacts could take years to unfold. “This is just a giant experiment going on and we’re trying to understand scientifically what this means,” said Roger Helm, a senior official with the U.S. Fish and Wildlife Service. In 2009, LSU’s Chakrabarty discovered two new species of bottom-dwelling pancake batfish about 30 miles off the Louisiana coastline – right in line with the pathway of the spill caused when the Deepwater Horizon burned and sank April 24. By the time an article in the Journal of Fish Biology detailing the discovery appears in the August edition, Chakrabarty said, the two species – which pull themselves along the seafloor with feet-like fins – could be gone or in serious decline. “There are species out there that haven’t been described, and they’re going to disappear,” he said. Recent discoveries of endangered sea turtles soaked in oil and 22 dolphins found dead in the spill zone only hint at the scope of a potential calamity that could last years and unravel the Gulf’s food web. Concerns about damage to the fishery already is turning away potential customers for charter boat captains such as Troy Wetzel of Venice. To get to waters unaffected by the spill, Wetzel said he would have to take his boat 100 miles or more into the Gulf – jacking up his fuel costs to where only the wealthiest clients could afford to go fishing. Significant amounts of crude oil seep naturally from thousands of small rifts in the Gulf’s floor – as much as two Exxon Valdez spills every year, according to a 2000 report from government and academic researchers. Microbes that live in the water break down the oil. The number of microbes that grow in response to the more concentrated BP spill could tip that system out of balance, LSU oceanographer Mark Benfield said. Too many microbes in the sea could suck oxygen from the water, creating an uninhabitable hypoxic area, or “dead zone.” Preliminary evidence of increased hypoxia in the Gulf was seen during an early May cruise aboard the R/V Pelican, carrying researchers from the University of Georgia, the University of Mississippi and the University of Southern Mississippi. An estimated 910,000 gallons of dispersants – enough to fill more than 100 tanker trucks – are contributing a new toxin to the mix. Containing petroleum distillates and propylene glycol, the dispersants’ effects on marine life are still unknown. What is known is that by breaking down oil into smaller droplets, dispersants reduce the oil’s buoyancy, slowing or stalling the crude’s rise to the surface and making it harder to track the spill. Dispersing the oil lower into the water column protects beaches, but also keeps it in cooler waters where oil does not break down as fast. That could prolong the oil’s potential to poison fish, said Larry McKinney, director of the Harte Research Institute at Texas A&M University-Corpus Christi. “There’s a school of thought that says we’ve made it worse because of the dispersants,” he said. ___ Associated Press writer Jason Dearen contributed to this report from San Francisco.

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Gulf Oil Spill: Best Chance To Stop Leak Won’t Be Ready Until August

May 31, 2010

NEW ORLEANS — The best hope for stopping the flow of oil from the blown-out well at the bottom of the Gulf of Mexico has been compared to hitting a target the size of a dinner plate with a drill more than two miles into the earth, and is anything but a sure bet on the first attempt. Bid after bid has failed to stanch what has already become the nation’s worst-ever spill, and BP PLC is readying another attempt as early as Wednesday, this one a cut-and-cap process to put a lid on the leaking wellhead so oil can be siphoned to the surface. But the best-case scenario of sealing the leak is two relief wells being drilled diagonally into the gushing well – tricky business that won’t be ready until August. “The probability of them hitting it on the very first shot is virtually nil,” said David Rensink, incoming president of the American Association of Petroleum Geologists, who spent most of his 39 years in the oil industry in offshore exploration. “If they get it on the first three or four shots they’d be very lucky.” For the bid to succeed, the bore hole must precisely intersect the damaged well. If it misses, BP will have to back up its drill, plug the hole it just created, and try again. The trial-and-error process could take weeks, but it will eventually work, scientists and BP said. Then engineers will then pump mud and cement through pipes to ultimately seal the well. As the drilling reaches deeper into the earth, the process is slowed by building pressure and the increasing distance that well casings must travel before they can be set in place. Still, the three months it could take to finish the relief wells – the first of which started May 2 – is quicker than a typical deep well, which can take four months or longer, said Tad Patzek, chair of the Petroleum and Geosystems Engineering Department at the University of Texas-Austin. BP already has a good picture of the different layers of sand and rock its drill bits will meet because of the work it did on the blown-out well. On the slim chance the relief well doesn’t work, scientists weren’t sure exactly how much – or how long – the oil would flow. The gusher would continue until the well bore hole collapsed or pressure in the reservoir dropped to a point where oil was no longer pushed to the surface, Patzek said. “I don’t admit the possibility of it not working,” he said. A third well could be drilled if the first two fail. “We don’t know how much oil is down there, and hopefully we’ll never know when the relief wells work,” BP spokesman John Curry said. The company was starting to collect and analyze data on how much oil might be in the reservoir when the rig exploded April 20, he said. BP’s uncertainty statement is reasonable, given they only had drilled one well, according to Doug Rader, an ocean scientist with the Environmental Defense Fund. Two relief wells stopped the world’s worst peacetime spill, from a Mexican rig called Ixtoc 1 that dumped 140 million gallons off the Yucatan Peninsula. That plug took nearly 10 months beginning in the summer of 1979. Drilling technology has vastly improved since then, however. So far, the Gulf oil spill has leaked between 19.7 million and 43 million gallons, according to government estimates. In the meantime, BP is turning to another risky procedure federal officials acknowledge will likely, at least temporarily, cause 20 percent more oil – at least 100,000 gallons a day – to add to the gusher. Using robot submarines, BP plans to cut away the riser pipe this week and place a cap-like containment valve over the blowout preventer. The company hopes it will capture the majority of the oil, sending it to the surface. “If you’ve got to cut that riser, that’s risky. You could take a bad situation and make it worse,” said Ed Overton, a Louisiana State University professor of environmental sciences. The latest attempt to capture the well comes after BP failed to plug the leak Saturday with its top kill, which shot mud and pieces of rubber into the well but couldn’t beat back the pressure of the oil. The location of the spill couldn’t be worse. To the south lies an essential spawning ground for imperiled Atlantic bluefin tuna and sperm whales. To the east and west, coral reefs and the coastal fisheries of Florida, Alabama, Mississippi and Texas. And to the north, Louisiana’s coastal marshes. More than 125 miles of Louisiana coastline already have been hit with oil. “It’s just killing us by degrees,” said Tulane University ecologist Tom Sherry. It’s an area that historically has been something of a superhighway for hurricanes, too. If a major storm rolls in, the relief well operations would have to be suspended and then re-started, adding more time to the process. Plugging the Ixtoc was also hampered by hurricane season, which begins Tuesday and is predicted to be very active. Three of the worst storms ever to hit the Gulf coast – Betsy in 1965, Camille in 1969 and Katrina in 2005 – all passed over the leak site. On the Gulf coast beaches, tropical weather was far from some tourists’ minds. On Biloxi beach, Paul Dawa and his friend Ezekial Momgeri sipped Coronas after a night gambling at the Hard Rock Casino. Both men, originally from Kenya, drove from Memphis, Tenn., and were chased off the beach by a storm, not oil. “We talked about it and we decided to come down and see for ourselves” whether there was oil, Momgeri said. “There’s no oil here.” Though some tar balls have been found on Mississippi and Alabama barrier islands, oil from the spill has not significantly fouled the shores. Still, the perception that it has soiled white sands and fishing areas threatens to cripple the tourist economy, said Linda Hornsby, executive director of the Mississippi Hotel and Lodging Association “It’s not here. It may never be here. It’s costing a lot of money to counter that perception,” Hornsby said. “First it was cancelations, but that evolved to a decrease in calls and there’s no way to measure that.” Yet there was fear the oil would eventually hit the other Gulf coast states. Hentzel Yucles, of Gulfport, Miss., hung out on the beach with his wife and sons. “Katrina was bad. I know this is a different type of situation, but it’s going to affect everybody,” he said. ___ Associated Press writers Kevin McGill, Ben Nuckols and Greg Bluestein in Covington, La., and Holbrook Mohr in Biloxi, Miss., contributed to this report.

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Gulf Fisherman On Oil Spill: ‘Our Way Of Life Is Over. It’s The End, The Apocalypse’

May 31, 2010

NEW ORLEANS — The best hope for stopping the flow of oil from the blown-out well at the bottom of the Gulf of Mexico has been compared to hitting a target the size of a dinner plate with a drill more than two miles into the earth, and is anything but a sure bet on the first attempt. Bid after bid has failed to stanch what has already become the nation’s worst-ever spill, and BP PLC is readying another patchwork attempt as early as Wednesday, this one a cut-and-cap process to put a lid on the leaking wellhead so oil can be siphoned to the surface. But the best-case scenario of sealing the leak is two relief wells being drilled diagonally into the gushing well – tricky business that won’t be ready until August. “The probability of them hitting it on the very first shot is virtually nil,” said David Rensink, incoming president of the American Association of Petroleum Geologists, who spent most of his 39 years in the oil industry in offshore exploration. “If they get it on the first three or four shots they’d be very lucky.” The relief well drilling and temporary fixes were being watched closely by President Barack Obama, who planned to meet for the first time Tuesday with the co-chairmen of an independent commission investigating the spill. A senior administration official said the meeting will take place at the White House. The official spoke on condition of anonymity because the meeting had not been formally announced. For the relief well to succeed, the bore hole must precisely intersect the damaged well. If it misses, BP will have to back up its drill, plug the hole it just created, and try again. The trial-and-error process could take weeks, but it will eventually work, scientists and BP said. Then engineers will then pump mud and cement through pipes to ultimately seal the well. As the drilling reaches deeper into the earth, the process is slowed by building pressure and the increasing distance that well casings must travel before they can be set in place. Still, the three months it could take to finish the relief wells – the first of which started May 2 – is quicker than a typical deep well, which can take four months or longer, said Tad Patzek, chair of the Petroleum and Geosystems Engineering Department at the University of Texas-Austin. BP already has a good picture of the different layers of sand and rock its drill bits will meet because of the work it did on the blown-out well. On the slim chance the relief well doesn’t work, scientists weren’t sure exactly how much – or how long – the oil would flow. The gusher would continue until the well bore hole collapsed or pressure in the reservoir dropped to a point where oil was no longer pushed to the surface, Patzek said. “I don’t admit the possibility of it not working,” he said. A third well could be drilled if the first two fail. “We don’t know how much oil is down there, and hopefully we’ll never know when the relief wells work,” BP spokesman John Curry said. The company was starting to collect and analyze data on how much oil might be in the reservoir when the rig exploded April 20, he said. BP’s uncertainty statement is reasonable, given they only had drilled one well, according to Doug Rader, an ocean scientist with the Environmental Defense Fund. Two relief wells stopped the world’s worst peacetime spill, from a Mexican rig called Ixtoc 1 that dumped 140 million gallons off the Yucatan Peninsula. That plug took nearly 10 months beginning in the summer of 1979. Drilling technology has vastly improved since then, however. So far, the Gulf oil spill has leaked between 19.7 million and 43 million gallons, according to government estimates. In the meantime, BP is turning to another risky procedure federal officials acknowledge will likely, at least temporarily, cause 20 percent more oil – at least 100,000 gallons a day – to add to the gusher. Using robot submarines, BP plans to cut away the riser pipe this week and place a cap-like containment valve over the blowout preventer. On Monday, live video feeds showed robot submarines moving equipment around and using a circular saw-like device to cut small pipes at the bottom of the Gulf. The crews will eventually cut the leaking riser and place the cap on top of it, the company hopes it will capture the majority of the oil, sending it to the surface. “If you’ve got to cut that riser, that’s risky. You could take a bad situation and make it worse,” said Ed Overton, a Louisiana State University professor of environmental sciences. BP failed to plug the leak Saturday with its top kill, which shot mud and pieces of rubber into the well but couldn’t beat back the pressure of the oil. Meanwhile, the location of the spill couldn’t be worse. To the south lies an essential spawning ground for imperiled Atlantic bluefin tuna and sperm whales. To the east and west, coral reefs and the coastal fisheries of Florida, Alabama, Mississippi and Texas. And to the north, Louisiana’s coastal marshes. More than 125 miles of Louisiana coastline already have been hit with oil. “It’s just killing us by degrees,” said Tulane University ecologist Tom Sherry. It’s an area that historically has been something of a superhighway for hurricanes, too. If a major storm rolls in, the relief well operations would have to be suspended and then re-started, adding more time to the process. Plugging the Ixtoc was also hampered by hurricane season, which begins Tuesday and is predicted to be very active. Three of the worst storms ever to hit the Gulf coast – Betsy in 1965, Camille in 1969 and Katrina in 2005 – all passed over the leak site. On the Gulf coast beaches, tropical weather was far from some tourists’ minds. On Biloxi beach, Paul Dawa and his friend Ezekial Momgeri sipped Coronas after a night gambling at the Hard Rock Casino. Both men, originally from Kenya, drove from Memphis, Tenn., and were chased off the beach by a storm, not oil. “We talked about it and we decided to come down and see for ourselves” whether there was oil, Momgeri said. “There’s no oil here.” Though some tar balls have been found on Mississippi and Alabama barrier islands, oil from the spill has not significantly fouled the shores. Still, the perception that it has soiled white sands and fishing areas threatens to cripple the tourist economy, said Linda Hornsby, executive director of the Mississippi Hotel and Lodging Association “It’s not here. It may never be here. It’s costing a lot of money to counter that perception,” Hornsby said. “First it was cancelations, but that evolved to a decrease in calls and there’s no way to measure that.” Yet there was fear the oil would eventually hit the other Gulf coast states. Hentzel Yucles, of Gulfport, Miss., hung out on the beach with his wife and sons. “Katrina was bad. I know this is a different type of situation, but it’s going to affect everybody,” he said. Attorney General Eric Holder plans to visit the Gulf Coast on Tuesday and meet with state attorneys general. Several senators have asked the Justice Department to determine whether any laws were broken in the spill. ___ Associated Press writers Kevin McGill, Ben Nuckols and Greg Bluestein in Covington, La., Holbrook Mohr in Biloxi, Miss., and Darlene Superville at Andrews Air Force Base, Md., contributed to this report.

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BP Begins New Well-Capping Strategy After &lsquoTop Kill&rsquo Failure

May 30, 2010

By David Wethe May 30 (Bloomberg) — BP Plc began working on a new plan to cap a leaking oil well in the Gulf of Mexico after a three-day effort to stop the flow with a blast of pressurized fluids was unsuccessful. The company started using high-horsepower pumps on May 26 to ram a mixture of mud-like drilling fluid and rubber scrap into the oil and gas that’s been gushing for more than five weeks, a process known as “top kill.” At a press conference yesterday, Doug Suttles , the BP executive in charge of the spill response, said the top kill strategy didn’t work. BP will now try a containment device known as a lower-marine riser package cap, Suttles said. “Obviously we’re very disappointed,” by the failed approach, Coast Guard Rear Admiral Mary Landry said at the press conference. She said efforts to stop the leak have been “a little bit of a roller coaster ride.” At the outset of the top kill effort, BP put the chances of it succeeding at 60 percent to 70 percent. The company made three pumping attempts, injecting more than 30,000 barrels of mud into the hole, Suttles said. “I am disappointed that this operation did not work,” BP Chief Executive Tony Hayward said yesterday in a statement. “The team executed the operation perfectly, and the technology worked without a single hitch. We remain committed to doing everything we can to make this situation right.” Salazar to Return “Every day that this leak continues is an assault on the people of the Gulf Coast region, their livelihoods, and the natural bounty that belongs to all of us,” President Barack Obama said in a statement yesterday after the top kill effort failed. “It is as enraging as it is heartbreaking.” Obama said May 28 his administration is exploring “any and all reasonable contingency plans” should BP fail to stop the spill, estimated to be more than twice as big as the Exxon Valdez disaster in 1989. Interior Department Secretary Ken Salazar will visit Houston later this week, while Environmental Protection Agency Administrator Lisa Jackson will go to Louisiana, Mississippi and Alabama, the Joint Information Center said yesterday in a statement. BP didn’t provide an estimate of when the flow might be stopped with the new method. Installing the cap should take about four to seven days, and after that the company will begin installing a new blowout preventer, a series of valves designed to cut off the flow from the well, Suttles said. The cap will attach to the top of the well’s existing blowout preventer and will then funnel oil and gas into a pipe that extends to a ship on the surface. New Blowout Preventer After the attachment of the lower-marine riser package cap, BP plans to install the new blowout preventer on top of the existing one, Suttles said. BP will then try to use the valves on the new blowout preventer to stop the flow. “We’re still looking at a month before we get this thing killed,” Les Ply, a retired mud engineering consultant for the oil industry, said yesterday in a telephone interview. “I think we’re looking at a week to 10 days to get this riser and cap in place.” The new method, if successful, would stop the leak long enough for a so-called relief well to be drilled nearby and provide a permanent seal. Relief Wells Crews are ahead of schedule in drilling a relief well and are about halfway to the end, with approximately 6,000 feet left to go, Suttles said. Completion of the well is still expected by around early August, he said. Drilling on the second of two relief wells, which was temporarily suspended so that its blowout preventer could be available if the top kill failed, is expected to resume “shortly,” David Nicholas , a spokesman for BP, said yesterday in a telephone interview. Six state agencies in Louisiana said yesterday they’ve asked BP for $300 million to lessen the impact from the oil spill on their communities. The well has gushed 12,000 barrels to 19,000 barrels of oil a day, making it the largest oil spill in U.S. history, a government panel estimated May 27. Hearings wrapped up yesterday in Louisiana into the death of 11 workers killed in the April 20 drilling rig explosion that triggered it. BP fell 5 percent to 494.8 pence in London trading on May 28 and has lost 25 percent of its market value since the blast. The stock rose 5.9 percent a day earlier, the biggest gain in more than a year, after reports of progress on the top kill. Oil from the spill may have spread underwater for 22 miles toward Mobile, Alabama, researchers aboard a University of South Florida vessel reported May 27. Initial tests aboard the Weatherbird II show the highest concentrations of “dissolved hydrocarbons” were 400 meters (1,312 feet) below the surface. To contact the reporter on this story: David Wethe in Houston at dwethe@bloomberg.net .

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BP Persists on &lsquoTop Kill,&rsquo Prepares Backup Plan to Stop Spill

May 29, 2010

By Jim Polson May 29 (Bloomberg) — BP Plc planned to continue working through the weekend to plug a leaking oil well in the Gulf of Mexico that has produced the largest spill in U.S. history. Since Wednesday, BP has been starting and stopping high- horsepower pumps that ram mixtures of mud-like drilling fluid and rubber scrap into the oil and gas that’s been gushing from the well for more than five weeks. “We’ll continue this operation as long as necessary until we’re either successful with it or are convinced it won’t succeed,” Doug Suttles , the BP executive in charge of the spill response, said at an afternoon press conference in Robert, Louisiana. Yesterday, engineers suspended work on a “relief” well intended as a long-term back-up solution so that equipment it’s using can be available should the so-called “top kill” fail. President Barack Obama , in Louisiana, said Energy Secretary Steven Chu will work with BP to seek alternatives if the top- kill plan fails. “There are going to be a lot of judgment calls involved here,” Obama told reporters yesterday in Grand Isle, Louisiana. “There are not going to be silver bullets for the problems we face.” Obama met with Louisiana Governor Bobby Jindal , who said he’s frustrated at the reluctance of federal officials to allow dredging and filling of manmade islands to protect marshes. BP’s costs from the spill rose to $930 million, the London- based company, the largest producer of oil and gas from the Gulf of Mexico, said yesterday in a statement. BP leased the rig destroyed in the explosion, the Deepwater Horizon, from Geneva- based Transocean Ltd. , the world’s largest deep-water driller. ‘Catastrophe’ BP has a 65 percent stake in the field, known as Macondo. Its partners in the project are Anadarko Petroleum Corp. and Japan’s Mitsui & Co. About 26,000 damage claims have been filed and 11,650 have already been paid, BP said yesterday. Chief Executive Tony Hayward called it an “environmental catastrophe,” a day after a government panel estimated the well has gushed 12,000 to 19,000 barrels of oil a day, making it the largest oil spill in U.S. history. Hearings are scheduled to continue today in Louisiana into the death of 11 workers killed in the April 20 drilling rig explosion that triggered it. Citing risk to workers and the environment raised by the spill, Obama on May 28 extended for six months a moratorium on deep-water drilling permits. Relief Well Stopped BP suspended drilling on the second of two relief wells intended to permanently seal the damaged well from the bottom, so that its blowout preventer will be available should the top kill fail, Suttles said. In that event, BP will saw off a section of crimped pipe from the top of the blowout preventer of the leaking well, install the second blowout preventer atop the first, and close its valves to halt the leak. That will take several days, and in the interim, engineers plan to cover the sawn-off pipe with a temporary cap designed to direct some of the oil to a ship on the surface, Suttles said. Halting work on the second relief well is not a sign that BP has concluded the top kill will fail, Suttles said. Mud Supplies The first phase of the top-kill effort used less than 15,000 barrels of drilling mud, Suttles said. BP had 50,000 barrels available and has made sure there are additional supplies of mud and rubber material, he said. The leaking well is 5,000 feet (1,524 meters) below the surface, forcing BP to rely on remote-operated vehicles rather than divers. “It’s not going well,” Tad Patzek , chairman of the Petroleum and Geosystems Engineering Department at the University of Texas at Austin, said yesterday after reviewing a live video of the leak. “You have more or less the equivalent of six fire hoses blasting oil and gas upwards and two fire hoses blasting mud down,” Patzek said. “They are losing the competition.” Oil from the spill may have spread underwater for 22 miles toward Mobile, Alabama, researchers aboard a University of South Florida vessel reported May 27. Initial tests aboard the Weatherbird II show the highest concentrations of “dissolved hydrocarbons” were 400 meters (1,312 feet) below the surface. To contact the reporter on this story: Jim Polson in New York at jpolson@bloomberg.net

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BP Persists With `Top Kill’ Strategy, Prepares Backup Plan to Stop Spill

May 29, 2010

By Jim Polson May 29 (Bloomberg) — BP Plc planned to continue working through the weekend to plug a leaking oil well in the Gulf of Mexico that has produced the largest spill in U.S. history. Since Wednesday, BP has been starting and stopping high- horsepower pumps that ram mixtures of mud-like drilling fluid and rubber scrap into the oil and gas that’s been gushing from the well for more than five weeks. “We’ll continue this operation as long as necessary until we’re either successful with it or are convinced it won’t succeed,” Doug Suttles , the BP executive in charge of the spill response, said at an afternoon press conference in Robert, Louisiana. Yesterday, engineers suspended work on a “relief” well intended as a long-term back-up solution so that equipment it’s using can be available should the so-called “top kill” fail. President Barack Obama , in Louisiana, said Energy Secretary Steven Chu will work with BP to seek alternatives if the top- kill plan fails. “There are going to be a lot of judgment calls involved here,” Obama told reporters yesterday in Grand Isle, Louisiana. “There are not going to be silver bullets for the problems we face.” Obama met with Louisiana Governor Bobby Jindal , who said he’s frustrated at the reluctance of federal officials to allow dredging and filling of manmade islands to protect marshes. BP’s costs from the spill rose to $930 million, the London- based company, the largest producer of oil and gas from the Gulf of Mexico, said yesterday in a statement. BP leased the rig destroyed in the explosion, the Deepwater Horizon, from Geneva- based Transocean Ltd. , the world’s largest deep-water driller. ‘Catastrophe’ BP has a 65 percent stake in the field, known as Macondo. Its partners in the project are Anadarko Petroleum Corp. and Japan’s Mitsui & Co. About 26,000 damage claims have been filed and 11,650 have already been paid, BP said yesterday. Chief Executive Tony Hayward called it an “environmental catastrophe,” a day after a government panel estimated the well has gushed 12,000 to 19,000 barrels of oil a day, making it the largest oil spill in U.S. history. Hearings are scheduled to continue today in Louisiana into the death of 11 workers killed in the April 20 drilling rig explosion that triggered it. Citing risk to workers and the environment raised by the spill, Obama on May 28 extended for six months a moratorium on deep-water drilling permits. Relief Well Stopped BP suspended drilling on the second of two relief wells intended to permanently seal the damaged well from the bottom, so that its blowout preventer will be available should the top kill fail, Suttles said. In that event, BP will saw off a section of crimped pipe from the top of the blowout preventer of the leaking well, install the second blowout preventer atop the first, and close its valves to halt the leak. That will take several days, and in the interim, engineers plan to cover the sawn-off pipe with a temporary cap designed to direct some of the oil to a ship on the surface, Suttles said. Halting work on the second relief well is not a sign that BP has concluded the top kill will fail, Suttles said. Mud Supplies The first phase of the top-kill effort used less than 15,000 barrels of drilling mud, Suttles said. BP had 50,000 barrels available and has made sure there are additional supplies of mud and rubber material, he said. The leaking well is 5,000 feet (1,524 meters) below the surface, forcing BP to rely on remote-operated vehicles rather than divers. “It’s not going well,” Tad Patzek , chairman of the Petroleum and Geosystems Engineering Department at the University of Texas at Austin, said yesterday after reviewing a live video of the leak. “You have more or less the equivalent of six fire hoses blasting oil and gas upwards and two fire hoses blasting mud down,” Patzek said. “They are losing the competition.” Oil from the spill may have spread underwater for 22 miles toward Mobile, Alabama, researchers aboard a University of South Florida vessel reported May 27. Initial tests aboard the Weatherbird II show the highest concentrations of “dissolved hydrocarbons” were 400 meters (1,312 feet) below the surface. To contact the reporter on this story: Jim Polson in New York at jpolson@bloomberg.net

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Attempt To Cap ATM Fees At 50 Cents Blocked In Senate

May 18, 2010

Tom Harkin was stifled in his effort Tuesday evening to bring a measure to the Senate floor that would cap ATM fees at 50 cents. Harkin (D-Iowa) first introduced his amendment on May 4 and has yet to get a vote. With the close of debate on Wall Street reform rapidly approaching, Harkin went straight to the floor to ask the chamber’s consent to vote, conceding that he would be satisfied with a mere five minutes of debate. Banks, both small and large, oppose the amendment and argue that capping fees will reduce the number of privately available ATMs at convenience stores and elsewhere as well as the number of bank-owned cash machines. Harkin says that an average ATM transaction costs 37 cents. Harkin’s amendment is just one of several consumer friendly measures that has support but is being cut off by Republican objections and the coming end of the floor debate. “I don’t think it’s a good idea to cut off good consumer amendments because of cloture,” said Sen. Maria Cantwell (D-Wash.). Cantwell, along with Sen. John McCain (R-Ariz.), is sponsoring an amendment that would reinstate Glass-Steagall, which forces banks to split off investment banking and commercial banking. Cantwell said that the managers of the bill on the floor are telling her that her amendment is not germane and so can’t be considered after cloture. Meanwhile, Senate Republicans blocked Democrats from voting on three amendments Tuesday that are strongly opposed by Wall Street. The combination of the GOP obstruction and Democratic leadership urgency to finish the bill threatens to cut off key consumer protection amendments. Sen. Richard Shelby of Alabama, the top-ranking Republican on the Banking Committee, rose to object to a vote on one of the most talked-about amendments, cosponsored by Sens. Carl Levin (D-Mich.) and Jeff Merkley (D-Ore.). Levin-Merkley would ban commercial banks from trading for their own benefit with taxpayer-backed money. Shelby also objected to an amendment from Sen. Kay Hagan (D-N.C.) that would rein in predatory practices of payday lenders and one from Sen. Byron Dorgan (D-N.D.) that would have banned naked credit default swaps, which were at the heart of the financial crisis. Dorgan’s amendment was expected to fail, but Levin-Merkley had been surging in recent days. Merkley took the Senate floor after Harkin and once again called his amendment up for a vote, but Shelby objected again on behalf of coleagues. Merkley demanded to know who was objecting. “Myself, and a lot of others around here,” he said, waving his hand at the GOP side of the aisle. Merkley asked him to name names. Shelby replied that he was objecting on behalf of himself. (Only one Senator is needed to object.) Sen. Sheldon Whitehouse (D-R.I.) has an amendment that would allow states to cap interest rates on credit cards. He said Tuesday that he was working with Dodd to get a vote and that it has a chance to be ruled germane. But the only amendment that is certain to be ruled germane, said a Democratic leadership aide, is one that makes it weaker. From Sen. Sam Brownback (R-Kan.), the measure would exempt auto dealers from the purview of the Consumer Financial Protection Bureau that the bill would create. The only way for an amendment to come to the floor without unanimous consent, which Republicans can object to, is to file cloture to defeat a filibuster. That requires 60 votes but, more importantly, takes several days of floor time. And the Senate has a war it needs to fund. Levin took the floor after Merkley and vowed to bring the amendment up again on Wednesday. “Wall Street’s got a long arm swarming around this place,” he said. Democrats argued with themselves and with the GOP late into the night Tuesday in a session unruly and disorganized even by Senate standards. It tested Harkin’s nerves and led to the following exchange with Senate Majority Leader Harry Reid (D-Nev.). Harkin takes the aggressive position that if he can’t get a vote on his ATM amendment, he doesn’t want one on his other amendment, either, dealing with annuities. Harkin: I want to be heard on this amendment. So we were told to stay here tonight so we could offer amendments. I’ve had an amendment pending since this bill was brought to the floor. I’ve not been able to bring it up. I’ve not been able to bring it up. We were told we could stay here tonight and offer amendments. So in good faith, I stayed here tonight to offer my amendment. Now I’m told we can’t offer amendments because there is a pending amendment and you can’t set it aside. What kind of games are being played around here? I’ve had this amendment pending ever since the beginning. And I have not been allowed to bring it up. And of course with cloture tomorrow, it would fall. So what does this mean that we should stay around here and offer amendments tonight when there’s a pending amendment you can’t set aside? Well, Mr. President, if that’s the game you’re going to play, I’m going to put in a quorum call and we won’t call it off. Reid: Will the Senator yield — Mr. President? Would my friend yield without his losing the floor for a question? Harkin: Without losing my right to the floor. Reid: If the conversations we just completed over here–trying to work something out for the rest of the evening…it is my understanding that the minority, the Republicans, agreed to allow your amendment dealing with annuities to come up, okay? In the conversation we had over here just a few minutes ago, The Republicans and Senator Dodd and his staff thought it would be appropriate to bring up your amendment dealing with annuities. That was part of the general agreement that we had worked out over here. Harkin: Well, I had this amendment. I have my ATM amendment and then there was an annuities amendment. Reid: The annuities amendment is what the conversation was. Harkin: This is the ATM amendment I had filed since the beginning, I would say to my leader, that I had filed since this bill was brought on the floor. Reid: What about the annuity amendment? Harkin: I have that amendment, too. I didn’t know there was a limit. I have two amendments. I have an annuity amendments and I have the ATM amendment. Reid: I guess my questions through the chair to my friend from Iowa is, rather than go into quorum call tonight, you could always do that some other time. I think it would be more appropriate if your amendment dealing with annuities — there are other amendments that have been agreed to, we could see if we could dispose of those. Harkin: No, I will not be able to. Because there will ago cloture vote tomorrow and I will have been precluded for three weeks from offering my amendment. And, you know, that’s not quite fair ball around here. Reid: But at least – but, I would say — Harkin: I had only asked for — I said I’d do my amendment in five minutes. I don’t need to take much time with my amendment. Reid: But I say again through the chair to my friend, it seems that it would be better that you would have the opportunity at least to get the annuity amendment, which a number of us believe is a very important amendment, and I would feel — I think it would be better that we were able to at least get rid of that amendment in a positive way, because I think there’s a very important amendment. If I had to choose between your ATM amendment or the — the amendment dealing with annuities, it would be hard for me to make a choice which one is the more important amendment. So it is not a question of not having two amendments. It is a question of, couldn’t we atleast dispose of one of them, which is an important amendment? Otherwise the way this train is going, we may never get to the annuity amendment. Harkin: Well, I say to my — Mr. President, I say to my friend, the leader, that we seem to have an impasse here. I have an annuities amendment. I don’t know what’s going to happen to that. I don’t know if they’re going to bring it up or not bring it up. If they’re going to vote on it or not vote on it. I have an ATM amendment that I’ve tried to bring up. I heard earlier my friend from Connecticut — he is my friend, I respect him highly, he knows that — but he said, stay around here and offer amendments. Well, I just offered an amendment and I can’t offer an amendment because they won’t set aside the pending amendment. Reid: I am not going to belabor the point, Mr. President, other than to say to my friend, there’s been a tentative agreement between the two managers of the bill, including the — offering your amendment dealing with annuities. That’s an important amendment of – I support it a lot. I think the other amendment is good, too, but I — we don’t have an agreement on both of them. We do on one of them. It doesn’t seem — Harkin: Well, Mr. President, I say then, I think until we find something out and get something worked out, I suggest the absence of a quorum.

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Environmentalists Sue Regulator To Revoke Permits Of Poorly-Reviewed Oil Rigs

May 17, 2010

NEW ORLEANS — Environmentalists seeking to curb oil drilling in the Gulf of Mexico on Monday filed federal lawsuits to shut down a major BP platform and close a government loophole for new oil and gas exploration. The lawsuits, filed in Alabama and Texas, target the federal Minerals Management Service, the much-criticized agency that oversees offshore energy leases. Since a blowout on BP’s Deepwater Horizon platform last month killed 11 workers and triggered a massive spill, the agency has approved at least nine deep-water exploratory wells in the Gulf with minimal environmental reviews. The Alabama lawsuit seeks to end the practice. It would also force the agency to revoke the permits recently issued to Shell Offshore Inc., Kerr-McGee Oil & Gas Corp., Anadarko E&P and other companies. The deepest of those projects would operate at water depths of more than 9,000 feet. That’s almost twice the depth of Deepwater Horizon, which has released millions gallons of oil into the Gulf since it exploded and burned. The depth has complicated efforts to contain the leak a mile below the surface. An attorney for the plaintiffs said the spill makes it “abundantly clear” the government needs to review deep water projects more closely. “They need to be analyzed fully before given a blanket rubber stamp exclusion,” said Catherine Wannamaker with the Southern Environmental Law Center. The Texas suit seeks to shut down BP’s Atlantis platform, which has operated with incomplete and inaccurate engineering documents. Atlantis is stationed in 7,070 feet of water more than 150 miles south of New Orleans. It can produce 8.4 million gallons of oil and 180 million cubic feet of natural gas daily. In 2009, an independent firm hired by BP found that the giant petroleum company was violating its own policies by not having completed engineering documents on board the Atlantis when it began operating in 2007. BP responded Monday by saying it had made “procedural changes” related to Atlantis in response to the outside investigation. But the company said safety was never an issue. The Texas lawsuit was filed by Washington, D.C.-based Food and Water Watch and Kenneth Abbott, a former BP subcontractor. Abbott claims he was fired last year after voicing concerns over Atlantis, and says his warnings were later ignored by federal officials. “At BP I battered my head against the wall. They didn’t care. The government agencies didn’t care,” Abbott said. Citing BP documents, the lawsuit asserted that a blowout from Atlantis could be far worse than Deepwater Horizon, which already ranks as one of the worst in the nation’s history. “In two days, a blowout from the BP Atlantis would spill more oil than the Exxon Valdez,” an attorney for the plaintiffs wrote. MMS officials did not respond to several requests for comment.

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Hyundai Says Sonata Midsize Sedan Demand Outstripping U.S. Plant Capacity

May 15, 2010

By Alan Ohnsman May 15 (Bloomberg) — Hyundai Motor Co. , South Korea’s largest automaker, said demand for the revamped Sonata midsize sedan exceeds capacity at its U.S. factory and will restrain sales of the model this year. Deliveries of the 2011 Sonata that went on sale early this year surged 57 percent in April to 18,536, surpassing Nissan Motor Co. ’s Altima and General Motors Co.’s Malibu. That level may be unsustainable because the plant in Montgomery, Alabama, is the sole source for the U.S. and at capacity, said John Krafcik , chief executive officer of Hyundai’s U.S. sales unit. “Demand is clearly above what we can supply at the Montgomery plant,” Krafcik said in a phone interview yesterday. “We’re already doing overtime and Saturday shifts.” U.S. sales for Seoul-based Hyundai are off to record volume this year, rising 20 percent from a year earlier on demand for the Sonata and new Tucson crossover, and Santa Fe sport-utility vehicle. Hyundai has no plan to boost Sonata supplies with shipments from Korea because specifications differ for the U.S. version, he said. Hyundai’s Alabama plant since last month lengthened both its daily production shifts to 10 hours from 8 on weekdays, said Robert Burns , a spokesman. The factory’s 2,700 workers also will work 10-hour overtime Saturday shifts today, he said. “We’re working flat out to keep up,” Burns said. Unlike Honda Motor Co. and Toyota Motor Corp., which use plants in Japan to meet surges in demand for some models, Hyundai’s goal for Sonata and Santa Fe is to supply the U.S. and Canada solely from Alabama. Sonata still trails Honda’s Accord and Toyota’s Camry. Limited Supply Sonata supplies at Hyundai’s U.S. dealers are at the “single-day level,” Krafcik said, meaning less than 10 days of inventory on hand. The car is unlikely to hold its lead over the Altima for the year because of tight supplies, he said. “That was always going to be a stretch goal,” Krafcik said. Hyundai’s U.S. sales unit is based in Fountain Valley, California. The company’s shares don’t trade on primary U.S. exchange. Hyundai rose 3,000 won, or 2. 1 percent, to 144,500 won in Seoul yesterday. To contact the reporter on this story: Alan Ohnsman in Los Angeles aohnsman@bloomberg.net

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Oil Spill’s `Slow-Moving Hurricane’ Leaves Gulf Coast’s Residents Waiting

May 14, 2010

By Kim Chipman and Jim Polson May 14 (Bloomberg) — For Tammy Wolfer of Louisiana, the worst part about the oil slick looming off the Gulf of Mexico coast isn’t that it cut her income from working at a marina and ruined plans to buy a house this year. The worst part is waiting to see where and when the oil will arrive on shore. “The not knowing is what is driving everyone crazy,” Wolfer, 42, who lives in Empire on Louisiana’s eastern coast, said this week. “At least if the oil started coming ashore, we could start cleaning it up and know where we are.” Coastal residents in Mississippi, Louisiana and Alabama have been bracing for black waves of oil since April 20, when an offshore rig drilling a BP Plc well exploded, triggering a leak that is dumping an estimated 5,000 barrels of oil a day into the Gulf. U.S. Representative Edward Markey said he’ll launch a probe into whether the well is leaking far more after a media report that it may be spewing as much as 70,000 barrels a day. Much of the largest spill in 40 years from an offshore U.S. rig or platform has stayed away from land. The amount of crude that has washed ashore doesn’t compare with the sheets of oil that polluted 1,300 miles (2,000 kilometers) of Alaska coastline after the Exxon Valdez tanker ran aground in 1989. The latest spill-forecast maps by the National Oceanic and Atmospheric Administration predict the bulk of the slick will remain at sea for at least two more days. Oil’s Arrival Dreaded “Right now it’s like being a goalie in a soccer game,” said Robert Thomas, professor and director of the Loyola University New Orleans Center for Environmental Communication. “Everyone is the goalie and we are trying to protect everything from every direction.” Local residents and officials say they dread the thought of thick oil coming ashore, where it could destroy fisheries and marshland and cause environmental damage. “Everybody is so anxious,” said Mark Schexnayder, regional coastal adviser for fisheries at Louisiana State University. “They would rather be doing something physical where they can help.” The crude-filled waters have killed the Wolfer family’s hopes of making the most of a newly repaired fishing boat, and Wolfer’s hours working at a marina have been slashed in half to 20 a week. Wolfer says her husband, Daniel, signed up for clean- up work and hasn’t yet heard back from BP. ‘Slow-Moving Hurricane’ “It’s like a slow-moving hurricane,” said Robert Moreau, who manages the Turtle Cove Environmental Research Station for Southeastern Louisiana University. “It’s kind of in our blood and DNA to watch maps and worry about what’s coming. This is a bigger unknown than a storm.” Projections show there is no imminent threat of oil affecting Mississippi, Alabama or Florida, Capt. Steve Poulin of the U.S. Coast Guard said at a news conference yesterday. So far the well has leaked at least 3.3 million gallons (12.5 million liters), based on estimates by the company and government officials. Tar balls and tar patties have been seen at Dauphin Island and Gulf Shores in Alabama and barrier islands off Mississippi, Poulin said, adding that the findings were sporadic and in “fairly small quantities.” The National Oceanic and Atmospheric Administration team forecast April 28 that winds and currents would drive oil ashore in Louisiana, Mississippi, Alabama and Florida on successive days through May 3. No widespread oiling occurred. No oil has been reported to the west off Atchafalya Bay in Louisiana, where a forecast predicted landfall earlier this week. Mississippi’s Impact NOAA is trying to figure out why the oil isn’t showing up where they think it should, said Doug Helton, one of NOAA’s two coordinators charged with calculating the spill’s movements. ‘It’s a complicated area to model,” he said. One factor might be the Mississippi River flowing into the Gulf, pushing the oil away from shore. Oil floats lower in fresh water than in salt water, possibly hiding some of the slick, he said. Louisiana native James Carville , a Democratic political consultant who moved to New Orleans after Hurricane Katrina in 2005, said the lack of information about the spill is “stunning.” “The whole place is just crazy with rumors,” he said in an interview. BP takes some of the credit for keeping the worst of the oil away from land. “Our teams working offshore are making a difference,” Doug Suttles , the BP executive running its response to the spill, said in a May 10 press conference. “The visible size of the spill is less significant than it was a week or 10 days ago.” Some residents fear the use of chemical dispersants to break up the oil and sink it beneath the water could create a nightmare for the coast if a hurricane hits this summer. “They can cap this well tomorrow, but three months from now, a three- or four-category storm could disturb the bottom of the Gulf and that oil will come to the top and it may be worse than it is right now,” said Ted Breaux, who lives near New Orleans and works in coastal Louisiana for Exxon Mobil Corp. To contact the reporters on this story: Kim Chipman in Washington at kchipman@bloomberg.net ’ Jim Polson in New York at jpolson@bloomberg.net

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McConnell Questions Supreme Court Nominee Kagan’s Independence From Obama

May 12, 2010

By Laura Litvan May 12 (Bloomberg) — Senate Republican Leader Mitch McConnell of Kentucky said he wants assurances U.S. Supreme Court nominee Elena Kagan won’t be a “rubber stamp” for the Obama administration. “It’s my hope that the Obama administration doesn’t think the ideal Supreme Court nominee is someone who would rubber stamp its policies,” McConnell said in a statement today before meeting with Kagan. “Americans want to know that Ms. Kagan will be independent.” McConnell noted that President Barack Obama , in announcing Kagan’s nomination two days ago, said they are “friends.” Kagan holds the post of solicitor general in the Justice Department, the administration’s chief lawyer before the Supreme Court. At a later photo opportunity before the two met face to face, McConnell promised a “thorough process” in weighing her confirmation. Kagan declined to respond to his “rubber stamp” criticism. Kagan is on Capitol Hill in her first day of meetings with senators who will vote on her confirmation. The Senate Judiciary Committee will hold hearings on the appointment this summer. Obama nominated Kagan, 50, the former dean of Harvard Law School, to replace retiring Justice John Paul Stevens . Kagan met this morning with Senate Majority Leader Harry Reid , who issued a statement afterward that called her “the right choice to replace Justice Stevens on the Supreme Court.” Rule of Law He said she has “a strong belief that the Supreme Court should be a forum where the rule of law wins out and where people from every walk of life can receive a fair hearing.” Other senators who will meet with her today include Judiciary Committee Chairman Patrick Leahy , a Vermont Democrat; Jeff Sessions of Alabama, the panel’s top Republican, and Richard Durbin of Illinois, the No. 2 Democratic leader and a member of the committee. “I’m grateful you agreed to accept the assignment” from Obama, Reid said as he posed for photographs with Kagan. He pledged to see that her confirmation is “as smooth as possible.” To contact the reporter on this story: Laura Litvan in Washington at llitvan@bloomberg.net

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Fannie, Freddie Review by Treasury Approved as Amendment to U.S. Bank Bill

May 11, 2010

By Lorraine Woellert May 11 (Bloomberg) — The U.S. Senate approved a proposal to order the Treasury Department to study how to end government support of Fannie Mae and Freddie Mac . The Democratic measure, passed on a 63-36 vote, becomes part of the Senate’s financial regulation bill. It would direct the Treasury to study and make recommendations for ending government conservatorship of the companies in a way that minimizes cost to taxpayers. The vote signaled difficulties for a Republican amendment, expected to come to the floor later, which would shut down the mortgage-finance companies within two years. “Don’t tear down what you have unless you know what you’re going to replace it with,” Senate Banking Committee Chairman Chris Dodd said during the debate. He called the Republican plan “the height of irresponsibility.” Fannie Mae and Freddie Mac have drawn on nearly $145 billion in government aid since September 2008. Under an amendment filed by Republicans John McCain of Arizona, Richard Shelby of Alabama and Judd Gregg of New Hampshire, government aid would be phased out within two years and the companies’ affordable-housing mandates would be repealed. “The system cries out for reform now” McCain said during debate. “We’re doing nothing about it except ask the secretary of the Treasury to conduct a study? Remarkable.” Democrats say they will look for ways to repair Fannie Mae and Freddie Mac later this year. In the meantime, the companies are needed to provide liquidity in the mortgage market, said Dodd. He called McCain’s proposed phase-out “drastic.” ‘Eager’ “This program needs to be fixed, no question about it,” Dodd said during debate. “You need an alternative housing finance system. But this amendment doesn’t offer any. It just says get rid of the one you’ve got.” Robert Gibbs , a spokesman for President Barack Obama , echoed Dodd’s comments. “We are eager to see reform but understand that reform has to take into account a very fragile housing market,” Gibbs told reporters. Washington-based Fannie Mae and its rival, McLean, Virginia-based Freddie Mac, operated as private companies investing in the mortgage market with an implicit government guarantee against default. The so-called government-sponsored enterprises were seized by regulators when the firms became overwhelmed by losses linked to risky mortgages. As private companies fled the housing finance market, Fannie Mae and Freddie Mac grew even more central. They financed or backed about 70 percent of single-family mortgages in 2009 and now own or guarantee more than $5 trillion in U.S. residential debt, according to the Treasury Department. $1.4 Trillion The Congressional Budget Office in January estimated that direct U.S. aid to the GSEs might total $389 billion by 2019. In addition, the Treasury and the Federal Reserve last year spent $1.4 trillion to buy distressed mortgage-backed securities held by the companies. The Democratic amendment, offered by Dodd, directs the Treasury to explore ways to liquidate, privatize, or otherwise reinvent the GSEs and make recommendations to Congress by January 2011. To contact the reporter on this story: Lorraine Woellert in Washington at lwoellert@bloomberg.net .

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Dodd: SEC Should Examine High-Speed Trading Behind Stock Plunge

May 9, 2010

WASHINGTON — Federal regulators have got to address the “casino environment” on Wall Street where computerized high-frequency trading can trigger market-shaking turmoil, Senate Banking Committee Chairman Chris Dodd said Sunday. Dodd, D-Conn., pointed to the new phenomena of computers buying and selling stock in nanoseconds as a possible cause of last Thursday’s meltdown. The market fell nearly 1,000 points within minutes before rebounding. The top Republican on the committee, Sen. Richard Shelby of Alabama, joined Dodd on CBS’ “Face the Nation” to agree that something must be done about a situation in which technology has gotten ahead of the regulators. “You’ve got a high risk in the market place that something could go wrong and once it really goes wrong it could be catastrophic,” Shelby said. Dodd said his committee will hold hearings on last Thursday’s events. But he said that for now the priority is for the Securities and Exchange Commission and the Commodities Futures Trading Commission to come up quickly with answers for dealing with high-frequency trading marked by a lack of marketwide circuit breakers to prevent the market from spiraling out of control. Dodd said he did not see a need for new legislation. The financial overhaul bill now being debated in the Senate does have early warning systems to detect problems such as having circuit breakers at only one exchange, he said. “You shouldn’t have a crisis like this happen before noticing that,” he said. Dodd noted that the freefall on Wall Street occurred when there was good economic news: a sharp growth in jobs, particularly in the manufacturing sector. “So you are getting sort of this casino environment that’s appearing in our markets,” he said. “It does not reflect what’s going on in the real economy.” Shelby said he had no information on speculation that the meltdown may have been the result of a cyber attack. White House counterterrorism adviser John Brennan said on “Fox News Sunday” that there was no evidence that a cyber attack was behind the market shake-up.

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Senate Votes For Wall Street; Megabanks To Remain Behemoths

May 6, 2010

A move to break up major Wall Street banks failed Thursday night by a vote of 61 to 33. Three Republicans, Richard Shelby of Alabama, Tom Coburn of Oklahoma and John Ensign of Nevada, voted with 30 Democrats, including Senate Majority Leader Harry Reid of Nevada, in support of the provision. The author of the pending overall financial reform bill in the Senate, Banking Committee Chairman Christopher Dodd, voted against it. (See the full roll call .) The amendment, sponsored by Sens. Sherrod Brown (D-Ohio) and Ted Kaufman (D-Del.), would have required megabanks to be broken down in size and capped so that their individual failure would not bring down the entire system. Under Brown-Kaufman, no bank could hold more than 10 percent of the total amount of insured deposits, and a limit would have been placed on liabilities of a single bank to two percent of GDP. In practice, the amendment required the six biggest banks — Bank of America, JPMorgan Chase, Citigroup, Wells Fargo, Goldman Sachs and Morgan Stanley — to significantly scale down their size. It was touted as a way to end Too Big To Fail. Though top Obama administration officials have not publicly opposed the amendment, its leading economists have opposed ending Too Big To Fail simply by breaking up the nation’s financial behemoths. Austan Goolsbee and Larry Summers have both fought back against this idea, as has Treasury Secretary Timothy Geithner. “This is certainly a defeat for those who are concerned about the dangers of financial concentration in this country,” Kaufman said in a statement after the vote. “Some causes are worth fighting for, and for me, the concern about the risks ‘too big to fail’ banks pose to the American economy and people is deep and profound given the economic tragedy millions of American have endured. I believe the debate itself — though failing to gain a majority of votes — has helped to change attitudes about the degree of financial concentration and power these megabanks now represent.” The banks owned by the four largest financial firms in the U.S. collectively account for about 45 percent of all assets in the U.S. banking system, according to a HuffPost analysis of Federal Deposit Insurance Corporation data . Those four megabanks collectively hold about $7.4 trillion in assets, according to the most recent regulatory filings with the Federal Reserve . That’s equal to about 52 percent of the nation’s estimated total output last year. The top 12 banks in the U.S. control half the country’s deposits. By comparison, it took 25 banks to accomplish this feat in 2003 and 42 banks in 1998, according to a Jan. 4 research note by Jason M. Goldberg of Barclays Capital. There are 23 bank-holding companies in the U.S. with more than $100 billion in assets, according to Federal Reserve data . Richard W. Fisher , president and chief executive of the Federal Reserve Bank of Dallas, is among a group of at least three current regional Fed presidents that have called for the nation’s megabanks to be broken up, joining Kansas City Fed president Thomas M. Hoenig and St. Louis Fed president James Bullard . Fisher has suggested a ceiling on bank assets placed at $100 billion. “In the past two decades, the biggest banks have grown significantly bigger,” Fisher said last month. “The average size of U.S. banks relative to gross domestic product has risen threefold. The share of industry assets for the 10 largest banks climbed from almost 25 percent in 1990 to almost 60 percent in 2009.” Of course, size is not the only danger — Lehman Brothers, whose crash rocked the financial system, would have been under the size caps proposed by the amendment. To that end, the Brown-Kaufman amendment limited the amount of leverage an institution can take at about 16-to-1. Hoenig has suggested a 15-to-1 ratio. Leverage is the use of debt to increase assets without a corresponding increase in capital. The amendment began as a wild longshot, backed by the junior senator from Ohio, Brown, and a longtime aide to Joe Biden, Kaufman, appointed to keep his seat warm for two years until the 2010 election. That the amendment gained as much support as it did is an indication of the depth of the populist anger. Sen. Mark Warner (D-Va.) and Dodd of Connecticut spoke against the amendment. Sen. Judd Gregg (R-N.H.) was indignant. “I don’t understand this Brown-Kaufman amendment. Basically, what it says is if you’re successful…you’re going to break them up? I mean, where does this stop? Do we take McDonald’s on?” “It really doesn’t make any sense to me,” he said. After the vote, Kaufman defended the provision. “I believe this idea was sound policy — and I further believe that a mainstream consensus will continue to grow that these megabanks are too large, too complex and too internally conflicted to regulate successfully,” he said, echoing a position voiced by regional Fed presidents, former top Fed officials, and former top bankers on Wall Street. The Senate will resume voting on amendments to the legislation next week. The 27 Democrats who voted against the amendment: Akaka (D-HI) Baucus (D-MT) Bayh (D-IN) Bennet (D-CO) Carper (D-DE) Conrad (D-ND) Dodd (D-CT) Feinstein (D-CA) Gillibrand (D-NY) Hagan (D-NC) Inouye (D-HI) Johnson (D-SD) Kerry (D-MA) Klobuchar (D-MN) Kohl (D-WI) Landrieu (D-LA) Lautenberg (D-NJ) McCaskill (D-MO) Menendez (D-NJ) Nelson (D-FL) Nelson (D-NE) Reed (D-RI) Schumer (D-NY) Shaheen (D-NH) Tester (D-MT) Udall (D-CO) Warner (D-VA)

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Senate Approves Financial Bill Amendment Dropping $50 Billion Bailout Fund

May 5, 2010

By Alison Vekshin May 5 (Bloomberg) — The U.S. Senate today broke a logjam in the debate over financial-overhaul legislation, approving two amendments that strengthen language aimed at ending taxpayer- funded bailouts. Lawmakers voted 93-5 for an amendment offered by Senators Christopher Dodd , a Connecticut Democrat, and Richard Shelby , an Alabama Republican, to drop a $50 billion industry-supported fund to cover the cost of unwinding a failing firm and ensure that shareholders and unsecured creditors bear losses when the government liquidates a business. The Senate also voted 96-1 in favor of an amendment offered by Senator Barbara Boxer , a California Democrat, to bar use of taxpayer funds to rescue failing financial companies. “We’ve ended the too-big-to-fail debate,” Dodd, the Senate Banking Committee chairman who drafted the overhaul bill, told reporters after the votes. “No longer do I expect any argument to be made that this bill exposes the American taxpayer.” Both amendments were aimed at allaying Republican concerns that Dodd’s bill would leave loopholes that would allow future bailouts of Wall Street firms. The Senate is debating the proposal for a sweeping rewrite of rules governing Wall Street, intended to prevent a repeat of the 2008 financial crisis that led the U.S. to extend $700 billion in taxpayer aid to companies including Citigroup Inc. and Bank of America Corp. Republicans had focused their opposition on a provision giving the government authority to liquidate failing financial firms whose collapse would roil the economy. Held Up Votes Dodd today announced he and Shelby struck a deal on the amendment after a week of negotiations that held up votes on other changes. After the floor debate began last week, Democrats said Republicans were obstructing progress by refusing to consider any changes until the Shelby-Dodd language was completed. Today’s votes open the door to discussions of the other amendments. The measure would bar the Federal Reserve from propping up firms such as New York-based insurer American International Group Inc. and require that the Fed only use its emergency lending authority to help solvent firms. It calls for most large financial companies to be liquidated through bankruptcy and Congress to approve the use of debt guarantees. Shelby Shelby said his agreement with Dodd didn’t mean he supported the broader bill. “This over 1,500-page bill contains a broad reach into the global financial system and the American economy,” Shelby said on the Senate floor. “Now that we are over this particular hurdle, we will be addressing many additional concerns that we have in the coming days.” The Boxer amendment would require firms seized by regulators to be liquidated. Any funds the government spends to unwind a failed firm would be recovered through the sale of the company’s assets or fees on the financial industry. Dodd’s bill, which was approved by the Senate Banking Committee in March over Republican opposition, is based on a proposal President Barack Obama released last June. The measure is similar to legislation approved by the House of Representatives in December. To contact the reporter on this story: Alison Vekshin in Washington at avekshin@bloomberg.net .

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Bailout Ban Is Passed by Senate as Part of U.S. Financial-Overhaul Measure

May 5, 2010

By Alison Vekshin May 5 (Bloomberg) — The U.S. Senate today approved a change to financial-overhaul legislation banning taxpayer-funded bailouts of Wall Street firms as Democrats aim to attract Republican support for the broader bill. Lawmakers voted 96-1 for an amendment offered by Senator Barbara Boxer , a California Democrat, to bar use of government funds to rescue failing financial companies. The move revises a provision that Republicans said would perpetuate bailouts. Senate Banking Committee Chairman Christopher Dodd , the Connecticut Democrat who drafted the overhaul legislation, said today he wants to satisfy those who doubt “the too-big-to-fail proposition is no longer a question.” The Senate is debating Dodd’s proposal for a sweeping rewrite of rules governing Wall Street, intended to prevent a repeat of the 2008 financial crisis that led the U.S. to extend $700 billion in taxpayer aid to companies including Citigroup Inc. and Bank of America Corp. Republicans have argued that the bill contains loopholes that would permit future bailouts, focusing their opposition on a provision giving the government authority to liquidate failing financial firms whose collapse would roil the economy. Dodd today announced he and Alabama Senator Richard Shelby , the Banking Committee’s top Republican, had struck a deal on an amendment to allay those concerns. The two had agreed on a deal that would eliminate a proposed industry-paid $50 billion fund to cover the cost of liquidations and ensure shareholders and unsecured creditors bear losses when the government unwinds a company, Dodd said today on the Senate floor. The Senate is also voting on this amendment today. The deal allowed the Senate to proceed to votes on amendments after a week’s delay as the two lawmakers worked toward compromise. Shelby Shelby said his agreement with Dodd didn’t mean he supported the broader bill. “This over 1,500 page bill contains a broad reach into the global financial system and the American economy,” Shelby said on the Senate floor. “Now that we are over this particular hurdle, we will be addressing many additional concerns that we have in the coming days.” Dodd’s bill, which was approved by the Senate Banking Committee in March over Republican opposition, is based on a proposal President Barack Obama released last June. The measure is similar to legislation approved by the House of Representatives in December. To contact the reporter on this story: Alison Vekshin in Washington at avekshin@bloomberg.net .

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Bank Bailout Limits Are Agreed Upon in Deal Between Senators Dodd, Shelby

May 4, 2010

By Alison Vekshin May 4 (Bloomberg) — Senate Banking Committee Chairman Christopher Dodd said he and Republican Senator Richard Shelby have agreed “conceptually” on changes to the financial- overhaul bill aimed at preventing bailouts of Wall Street firms. The deal would eliminate a proposed industry-paid $50 billion fund to cover the government’s costs of liquidating a failing financial firm, Dodd said today in an interview. Republicans said the fund would encourage bailouts rather than prevent them. Dodd said the compromise with Shelby of Alabama, along with an amendment by California Democrat Barbara Boxer that would prohibit spending taxpayer funds to keep failing firms in business, “takes that issue completely off the table.” “I’m satisfied, as I believe my colleague from Alabama is, that we’ve reached an agreement on the too-big-to-fail provisions,” said Dodd, a Connecticut Democrat. The Senate is debating Dodd’s legislation to redesign rules governing Wall Street, intended to prevent a repeat of the 2008 financial crisis that forced the U.S. to extend $700 billion in taxpayer aid to companies including Citigroup Inc. and Bank of America Corp. The bill is based on a proposal by President Barack Obama and is similar to legislation the U.S. House of Representatives approved in December. The Dodd-Shelby agreement would apply to a section of the bill that would give the government authority to liquidate large failing financial firms whose collapse would threaten the economy. The two senators have agreed to replace the proposed pre-funded $50 billion reserve with language that would require regulators to impose fees on the financial industry to recoup costs for unwinding a company after a collapse, Dodd said today. “You come to the same result, it’s just a different approach,” he said. “If the optics of that raised concerns with them, my view is let’s deal with too-big-to-fail and get it off the table.” The language of the deal is being finished, Dodd said. Republicans want to see the language before moving to consider other amendments, he said. To contact the reporter on this story: Alison Vekshin in Washington at avekshin@bloomberg.net .

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BP Says There Is `No Change in Flow’ at Site of Gulf of Mexico Oil Leak

May 3, 2010

By Jessica Resnick-Ault May 3 (Bloomberg) — BP Plc’s spokesmen said there has been no change in the rate oil is flowing from its leaking well in the Gulf of Mexico, contradicting a statement from another employee. Jeff Childs, who identified himself as a deputy incident commander for London-based BP, said earlier today in an interview with a Fox Television affiliate in Mobile, Alabama, that the company had successfully cut the flow of its leaking well. The news prompted BP, Halliburton Co., Cameron International Corp. and other energy companies linked to the spill to rise in New York trading. Two BP spokesmen maintained that the flow is the same as it was yesterday, when the company held a press conference. “No change in flow,” Scott Dean , a BP spokesman, said in an e-mail at 3:05 p.m. New York time. Efforts to activate a component of the blowdown preventer, needed to stop the flow of oil haven’t succeeded, said Bill Salvin, a spokesman with BP currently working in the joint information center in Robert, Louisiana. “We’ve been trying for days, and we’ve not gotten them to activate,” said Salvin. “It’s a very challenging environment and we’re going to keep working on it. The ultimate goal is to stop the flow of oil.” To contact the reporter on this story: Jessica Resnick-Ault in New York at jresnickault@bloomberg.net

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Obama Surveys Operations to Stem Gulf Oil Spill `Impossible’ to Estimate

May 2, 2010

By Margot Habiby and Katarzyna Klimasinska May 2 (Bloomberg) — U.S. President Barack Obama arrived on the Gulf Coast today to review efforts to stem an oil-well leak with a flow rate that’s “impossible” to estimate, according to the U.S. Coast Guard. Obama, who was briefed on BP Plc’s efforts to cap the well, met with Louisiana Governor Bobby Jindal after getting off Air Force One. Press secretary Robert Gibbs said the leak was a “continued very serious situation.” The Coast Guard said it has been unable to get an accurate estimate of how much oil is leaking and is preparing for a worst-case scenario. Some of the crude has reached land in Louisiana, and “the more significant oil is coming” within two days, Jindal said at a news conference yesterday. More than 2,000 people have been deployed to protect the shoreline and coastal wildlife, according to a statement from the multiagency Joint Information Center coordinating the federal response. BP , the owner of the offshore well, is seeking ways to plug the leaks that are spewing crude 5,000 feet under the water’s surface. The company has two drill ships in place to bore a second well to take pressure off of the current gusher. The so- called relief well is due to be completed in about 90 days, Michael Abendhoff , a company spokesman, said today in a phone interview from Robert, Louisiana. Within seven to eight days, the company will put funnel- like caps in place to halt oil coming out of the well, said Steve Rinehart , a BP spokesman. Rig Explosion The oil spill followed an April 20 explosion on a drilling rig leased by BP. The rig, owned by Transocean Ltd ., sank two days later. Obama has ordered that no new offshore drilling leases be issued until a “thorough review” of the incident is completed. “Any exact estimation of what’s flowing out of those pipes right now is almost impossible because of the depth of the water,” said Admiral Thad Allen in a conference call with reporters yesterday. Allen, the U.S. Coast Guard commandant, was designated the national incident commander to coordinate efforts to control the oil spill and minimize the damage. “The focus has to be to stop it at the source,” Allen said. Obama is scheduled to make a statement at 2:30 p.m. local time today from Venice, Louisiana, after a briefing with response officials there. The attorneys general from five states bordering the Gulf are scheduled to meet today in Mobile, Alabama, to discuss legal options and strategies, Florida Attorney General Bill McCollum said in a statement today. Chemical Dispersant The London-based company has released 156,012 gallons of dispersant so far to break up the oil, said Bill Salvin, another BP spokesman. BP hasn’t been able to fully assess the efficiency of the method, Abendhoff said. The company has been unable to spray dispersants today because of weather conditions, said Steve Rinehart, a spokesman. Strong winds and 7-to-10-foot waves make it impossible to measure whether the dispersants lowered the volume of oil emerging on the sea surface, Abendhoff said. The response teams opted against conducting flyovers today due to continued foul weather, Rinehart said. Forecasts call for improved weather for the next four to five days starting tomorrow at the earliest, Salvin said. Skimming Operations Surface estimates of the size of the slick and skimming efforts were hindered as the Coast Guard ordered boats and aircraft back to port because of stormy weather. Salvin said 23,968 barrels of crude and other material has been picked up by skimming boats. The National Oceanic and Atmospheric Administration previously estimated the well is spewing 5,000 barrels of oil a day. At that rate, the volume of the spill would exceed Alaska’s 1989 Exxon Valdez accident by the third week of June. BP Chief Executive Officer Tony Hayward arrived in the Gulf area late last night to oversee efforts to combat the leak and will stay several days. BP has begun an investigation into the cause of the explosion and resulting leak, but has not yet set out a timeline for the project, Rinehart said. About 6.2 million cubic feet of gas production was halted yesterday as environmental and safety concerns stopped operations at two offshore platforms and prompted one to be evacuated. That’s less than a 10th of 1 percent of U.S. output. ‘American Chernobyl’ “This is an American Chernobyl,” said Louie Miller, 55, senior representative for the Sierra Club in Mississippi, referring to the explosion at a Ukrainian nuclear reactor in 1986 that killed 56 people, destroyed wildlife and contaminated waterways. Oil “may not be radioactive, but it’s toxic.” NOAA today closed commercial and recreational fishing in parts of the Gulf affected by the spill for a minimum of ten days, effective immediately. The agency said in a statement that it’s working with state governors to evaluate the need to declare fisheries a disaster to get federal aid to fishermen in the area. The Louisiana Department of Health and Hospitals advised residents not to swim or fish in affected waters and to prevent young children, pregnant women and pets from entering contaminated areas. The impact on wildlife “depends on the tides, weather and other factors beyond our control,” Jay Holcomb, director of The International Bird Rescue Research Center , said in a statement. The organization has set up bird-rescue centers in Louisiana and Alabama. Mississippi River Shipping Commercial shipping on Mississippi River fairways hasn’t been significantly affected so far, though that may change if cleanup efforts are implemented, Allen said. Traffic may be halted in contaminated areas or ships will have to be washed after passing through oily waters. St. Bernard Parish in Louisiana will employ local fishermen to deploy protective booms after training them on the procedure yesterday morning, the parish said in a statement. Defense Secretary Robert Gates approved a request by Jindal to mobilize as many as 6,000 National Guard troops to add security, medical support, engineers, communications capability and cleanup crews to the oil slick containment effort, spokesman Geoff Morrell said late April 30. To contact the reporters on this story: Margot Habiby in Dallas at mhabiby@bloomberg.net . Katarzyna Klimasinska in Houston at kklimasinska@bloomberg.net .

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Citigroup, Bank of America Would Be Forced to Shrink Under Senators’ Plans

May 2, 2010

By Alison Vekshin May 1 (Bloomberg) — Citigroup Inc. , Bank of America Corp. and their biggest rivals could be forced to shrink or divest businesses under proposals emerging as the U.S. Senate weighs a sweeping overhaul of financial-industry regulations. Senators are preparing amendments that would limit the share of deposits and assets banks could control or force them to separate investment-banking functions from commercial lending. The aim is to keep financial companies from getting so big their collapse could threaten the economy. “If you’re too big to fail, from my standpoint, you’re too big,” said Senator Byron Dorgan , a North Dakota Democrat who plans to offer the divestiture amendment next week. The Senate has begun debate on Banking Committee Chairman Christopher Dodd ’s proposed rules overhaul, designed to prevent a repeat of the 2008 financial crisis that forced the U.S. to extend $700 billion in taxpayer funds to companies including Citigroup and Bank of America. Lawmakers are drafting rules amid voter anger over Wall Street risk-taking blamed for causing the worst economic collapse since the Great Depression. Democratic Senators Sherrod Brown of Ohio and Ted Kaufman of Delaware are offering an amendment to cap banks’ non-deposit liabilities at 2 percent of gross domestic product, or about $280 billion. About nine of the largest U.S. bank-holding companies, including Citigroup, Bank of America and JPMorgan Chase & Co., would have to shrink by 40 percent, according to a summary of the proposal released by Kaufman’s office. The amendment also would impose a 10 percent cap on a bank holding company’s share of U.S. insured deposits. Dodd Disagrees Dodd, a Connecticut Democrat, told reporters yesterday he didn’t agree with the focus on size. “It’s the issue of excessive risk,” Dodd said. “It has to do with capital standards, liquidity, leverage — those are the things that really pose the threats.” Staff for Dodd and Alabama Senator Richard Shelby , the top Republican on the Senate Banking Committee, will work this weekend to craft an amendment to combine their ideas to prevent future bailouts, a section of the bill Republicans argued contained loopholes that would perpetuate the practice. Dodd told reporters he wanted to “put that whole issue aside” to allow the Senate to debate proposed changes on a consumer agency, derivatives and other parts of the legislation. His bill would allow regulators to seize and liquidate failing firms whose collapse would threaten the economy, a power Democrats say could have kept the U.S. from having to prop up financial companies after credit markets froze in 2008. Not Riskier Financial industry groups and some Republicans said that large companies aren’t necessarily riskier. “The reason that our large financial institutions are the size that they are is because we have companies in this country that need large institutions in order to be competitive,” said Senator Bob Corker , a Tennessee Republican who helped draft the liquidation section of Dodd’s bill. “I know people can score political points and it’s great to take on Wall Street, but what we’ve got to be careful of in this debate is that we’re not cutting our nose off to spite our face,” he said yesterday. Senator Maria Cantwell , a Washington Democrat, is working with Senator John McCain , an Arizona Republican, and others to craft an amendment to split commercial and investment banking, Cantwell’s spokesman John Diamond said. The amendment is based on a proposal Cantwell and McCain offered in December to reinstate the Depression-era Glass-Steagall Act. Work With Industry Financial Services Forum President Rob Nichols , who opposes limits on bank size, said the government should work with the financial industry to improve risk management, internal control, corporate governance and capitalization. “To be a global financial leader, the United States needs small, medium and large financial institutions, with various business models and areas of expertise,” said Nichols, whose Washington-based trade group represents the chief executive officers of the largest financial firms. Dorgan said he will propose requiring companies deemed too big to fail to divest certain businesses until they no longer pose a risk. He also plans to offer an amendment that would eliminate so-called naked credit-default swaps, which let investors bet on default of bonds they don’t hold. “That’s just gambling, that’s betting, not investing,” Dorgan told reporters yesterday. To contact the reporter on this story: Alison Vekshin in Washington at avekshin@bloomberg.net .

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President Orders Review, Says New Offshore Oil Leases Must Have Safeguards

May 1, 2010

By Nicholas Johnston and Hans Nichols May 1 (Bloomberg) — President Barack Obama said no new offshore drilling leases will be issued until a “thorough review” of the BP Plc oil-well spill in the Gulf of Mexico determines whether more safety systems are needed. Obama, who plans to travel to the Gulf Coast tomorrow morning, directed Interior Secretary Ken Salazar to report in 30 days on whether more steps are needed to prevent another leak like the one that began with an April 20 explosion and fire on a drilling rig off the Louisiana coast. “We’re going to make sure that any leases going forward have those safeguards,” Obama said at the White House yesterday. The administration also stepped up pressure on BP, with Homeland Security Secretary Janet Napolitano calling for the company, which is responsible under law for the response and the cost, to deploy more resources to fight the spill. Secretary of the Interior Ken Salazar said the accident will have “huge ramifications” for offshore energy exploration around the world. Oil has been gushing from the damaged well at a rate of 5,000 barrels a day and it may rival the 1989 Exxon Valdez incident as the worst-ever U.S. oil spill. The leak has complicated Obama’s plans to allow more oil and gas exploration in the Gulf of Mexico and off portions of the East Coast as some Democratic lawmakers call for the administration to reverse course. Domestic Production “I continue to believe that the domestic oil production is an important part” of U.S. energy policy, Obama said. “But I’ve always said it must be done responsibly, for the safety of our workers and our environment.” Existing drilling operations won’t be affected by Obama’s order for the review, and there are no pending lease sales during the period, White House press secretary Robert Gibbs said. Obama’s plan for expanding offshore energy exploration wouldn’t begin issuing leases until 2012. “There is nothing that comes online in the next 30 days, so nothing is immediately impacted by the president’s announcement,” Gibbs said. While BP will bear the cost of capping the leak and cleaning up the oil, Obama said the federal government is “fully prepared to meet our responsibilities to any and all affected communities.” The president plans to get a first-hand look at the containment and cleanup operations tomorrow, said White House spokesman Bill Burton. The Air Force and Navy are bringing equipment to help contain the oil as it approaches land. In Louisiana Salazar, Napolitano, Environmental Protection Agency Administrator Lisa Jackson and Carol Browner , Obama’s adviser for energy and climate change were in the region yesterday to review operations. Attorney General Eric Holder is sending a team of attorneys to coordinate with the local U.S. attorney to monitor the situation. The government has set up five staging areas to protect shorelines, Obama said. Louisiana has closed some coastal areas to shrimping because of the slick. The spill also may threaten shipping. More than half of the grain inspected for export from the U.S., the world’s largest grower of corn and soybeans, is shipped from the mouth of the Mississippi River, according to the Port of New Orleans. “The local economies and livelihoods of the people of the Gulf Coast, as well as the ecology of the region, are at stake,” Obama said. Gulf Drilling The well is in a portion of the gulf, off Louisiana, Mississippi and Alabama, that produces an estimated 1.7 million barrels of oil a day. That is about 30 percent of domestic production, according to Interior Department figures. Salazar said the administration asked BP to reach out to the global oil and gas industry to find a solution for stemming the leak and cleaning up the oil. “We have a lot to lose here in America, in terms of an energy resource and in terms of environmental values that we very much cherish,” he said yesterday at a news conference in Robert, Louisiana. “The oil and gas industry has a tremendous amount to lose in terms of their global economic value here.” Napolitano said BP’s efforts so far haven’t been enough. “After several unsuccessful attempts to secure the source of the leak, it is time for BP to supplement their current mobilization,” Napolitano said at the news conference. Senator Bill Nelson , a Florida Democrat, has asked Obama to indefinitely suspend plans to expand offshore drilling and New Jersey’s two senators, Democrats Frank Lautenberg and Robert Menendez , called on the president to reverse course. “We urge you to go further and reverse your decision on proposed new offshore oil and gas drilling for the outer continental shelf,” Lautenberg and Menendez wrote in a letter to Obama that was endorsed by Democratic Representatives Frank Pallone and Rush Holt . “The spill potentially makes more difficult the opening of any new areas,” said Michael Glick , senior energy analyst at Height Analytics, a Washington-based investment advisory firm. To contact the reporters on this story: Nicholas Johnston in Washington at njohnston3@bloomberg.net ; Hans Nichols in Washington at Hnichols2@bloomberg.net ;

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U.S. Gulf States Mobilize for BP Oil Spill Reminiscent of Valdez Accident

April 30, 2010

By Jessica Resnick-Ault and Jim Polson April 30 (Bloomberg) — U.S. Interior Department inspectors began boarding deep-water platforms in the Gulf of Mexico, and Louisiana asked for help from the National Guard as an oil sheen reportedly washed ashore in the worst rig spill in four decades. The U.S. will “use every single available resource at our disposal,” in response to the spill, President Barack Obama said yesterday. BP Plc , which owns the leaking well, is “ultimately responsible” for paying for the cleanup, the president said. A faint sheen washed ashore on the Louisiana coastline last night, the Associated Press reported. Oil may hit Mississippi tomorrow, Alabama in two days and Florida in three, according to a government forecast . Oil is escaping from the well at a rate of about 5,000 barrels a day, five times faster than previously estimated, according to the U.S. Coast Guard. At that rate, the volume of the leak will exceed Alaska’s 1989 Exxon Valdez accident by the third week of June, making it the worst U.S. oil spill. “This has a danger of becoming an utter ecological disaster,” said Ken Medlock , a fellow in energy and resource economics at Rice University’s Baker Institute for Public Policy in Houston. “This is going to result in remediation costs, and is going to be burdensome, to say the least.” Louisiana Governor Bobby Jindal declared a state of emergency and demanded extra oil barriers from BP and the U.S. Coast Guard to protect wildlife preserves that nurture a $1.8 billion seafood industry, the richest in the U.S. behind Alaska. National Guard Jindal also requested federal funding for 90 days of military duty for as many as 6,000 National Guard troops. Shrimpers and fishermen filed suit in federal court on April 28 against BP and Transocean Ltd., owner of the sunken rig. The lawsuits say Louisiana supplies 25 percent of the seafood for the continental U.S. Families of some of the 11 workers killed when the rig exploded and sank have also filed suit. Louisiana is training crews to remove oil from marshes and plans to use prisoners, adding hands to the cleanup effort, Jindal said at a press conference. BP, unable to staunch the leak that began when a drilling rig burned and sank a week ago, yesterday proposed injecting detergent 5,000 feet below the surface in an effort to disperse oil before it can form a slick. U.S. Coast Guard Rear Admiral Mary Landry said she was considering the “novel” request. Permanent Solution BP has a rig on site to drill to the base of the damaged well and plug the leak, the only permanent solution, according to the company and federal officials. Drilling may start within 48 hours, Doug Suttles , chief operating officer of exploration and production, said yesterday at a press conference in Robert, Louisiana. The work may take three months, he said. “It’s the biggest U.S. offshore platform incident in 40 years,” Dagmar Schimdt Etkin , a Cortland, New York-based oil spill consultant who has worked for BP, the Coast Guard and the National Oceanic and Atmospheric Administration, said yesterday. “Well blowouts are extremely rare events and usually when they occur it’s only a few barrels.” Oil from the leaking well is lighter than the Alaskan crude spilled by the Exxon Valdez, Etkin said. “There are going to be more toxic impacts than the heavy black oil you saw with the Exxon Valdez.” Florida, Alabama and Mississippi dispatched all their marine research vessels to begin sampling water for oil and fish for taint, Robert L. Shipp, chairman of the department of marine sciences at the University of South Alabama in Mobile, said yesterday. Shares Plunge BP summoned offshore experts from Exxon Mobil Corp., Chevron Corp. and Royal Dutch Shell Plc to devise other ways to halt the leak, Suttles said. BP also called in Anadarko Petroleum Corp., its partner in the Macondo field where the rig was drilling. BP’s shares fell for a second day, dropping 12.5 pence, or 2.1 percent, to 571.7 pence at 8:15 a.m. in London. The shares have declined 12 percent since the April 20 explosion, valuing the company at 107.9 billion pounds ($165.8 billion). Transocean Ltd. fell 7.5 percent to $78.51 in composite trading on the New York Stock Exchange yesterday, the biggest drop in more than a year. BP’s costs, now $6 million a day, will rise as it adds people and equipment, Neil Chapman , company spokesman, said in an interview in Robert. The company would welcome additional assistance, including from the U.S. Defense Department and from volunteers, he said. Interior, Homeland Security The secretaries of the Interior and Homeland Security departments will join the head of the Environmental Protection Agency to visit the site today, Obama said. The president has contacted governors of states that may be affected, he said. Sixteen federal agencies are responding to the spill. Minerals Management Service inspectors will immediately check testing records of blowout preventers at all deep-water rigs, moving to safety inspections of all deep-water oil and gas producing platforms, Mike Saucier, an agency spokesman, said at the press conference in Robert. Blowout preventers are stacks of valves intended to cut off any unexpected pressure surge from a well. BP doesn’t know why the blowout preventer failed to avert last week’s explosion and fire that destroyed the rig, Suttles said. Crew aboard the Deepwater Horizon activated controls that should have triggered it, he said yesterday. The spill may cost the insurance industry as much as $1.5 billion in claims, according to Transatlantic Holdings Inc. Oil Executives Summoned Chief executive officers of BP, Exxon Mobil, ConocoPhillips, Royal Dutch Shell and Chevron have been summoned to testify on the spill before the Select Committee on Energy Independence and Global Warming, according to an e-mailed statement from the chairman, Representative Edward Markey , a Massachusetts Democrat. Representative Henry Waxman , chairman of the House Energy and Commerce Committee, sent letters to the heads of BP and Transocean seeking inspection reports for the Deepwater Horizon. There are 90 rigs searching for oil and natural gas in the U.S. Gulf of Mexico, according to the Minerals Management Service, which oversees drilling in federal waters as part of the Interior Department. The Exxon Valdez caused the worst oil spill in U.S. history. The tanker dumped about 260,000 barrels of crude into the Prince William Sound, for which Exxon Mobil paid $900 million in fines. To contact the reporters on this story: Jessica Resnick-Ault in New York at jresnickault@bloomberg.net ; Jim Polson in New York at jpolson@bloomberg.net .

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U.S. to Inspect Oil Rigs After Gulf Spill as Louisiana Prepares for Slick

April 29, 2010

By Jessica Resnick-Ault and Jim Polson April 29 (Bloomberg) — The U.S. Interior Department announced immediate inspections of all deep-water drilling rigs in the Gulf of Mexico and Louisiana’s governor declared a state of emergency as oil from a sunken rig approached the coast. The U.S. will “use every single available resource at our disposal,” in response to the spill, President Barack Obama said today. BP Plc , which owns the leaking well, is “ultimately responsible” for paying for the costs of the cleanup, the president said. Oil is escaping at a rate of 5,000 barrels a day, about five times faster than previously estimated, according to the U.S. Coast Guard. At that rate, the spill will exceed Alaska’s 1989 Exxon Valdez accident by the third week of June, making it the worst U.S. oil spill. “This has a danger of becoming an utter ecological disaster,” said Ken Medlock , a fellow in energy and resource economics at Rice University’s Baker Institute for Public Policy in Houston, Texas. “This is going to result in remediation costs, and is going to be burdensome, to say the least.” BP’s shares plunged the most in more than a year on concern that the costs of containing the worsening oil spill will escalate. BP declined 40.8 pence, or 6.5 percent, to 584.2 pence in London, the sharpest drop since December 2008. Transocean Ltd., which owned the rig, saw its shares fall $6.51, or 7.7 percent, to $78.31 at 3:16 p.m. in composite trading on the New York Stock Exchange. BP’s costs of operation, previously estimated at $6 million a day “are ramping up” as they bring more people and equipment, Neil Chapman , company spokesman, said in an interview in Robert, Louisiana. He said the company would welcome additional assistance, including help from the U.S. Defense Department. Visiting the Site The secretaries of the Interior and Homeland Security Departments will join the head of the Environmental Protection Agency to visit the site tomorrow, Obama said. The president said he has contacted governors of states that may be affected by the spill. Sixteen federal agencies are responding to the spill, which is edging toward fisheries and shrimping areas. Shrimpers and commercial fishers filed suit yesterday against BP and Transocean in federal court. The lawsuits say Louisiana supplies 25 percent of the seafood for the continental U.S. The families of some of the 11 workers killed as a result of the explosion and sinking of the rig last week have also filed suit. The spill may cost the insurance industry as much as $1.5 billion in claims, according to Transatlantic Holdings Inc. Emergency Declaration Louisiana Governor Bobby Jindal , a Republican, said oil may reach wetlands preserves on his state’s coast in two days. The slick was 16 miles (26 kilometers) off the coast of Louisiana yesterday, the Coast Guard said in a statement today. “A declaration of emergency is necessary to allow state agencies to thoroughly prepare for and respond to any eventuality and to allow federal agencies and federal resources to be deployed if necessary,” Jindal said in an e-mailed release today. The eastern end of the slick was about 84 miles south of Pensacola, Florida, according to a map posted yesterday by the spill-response command. “There are berms that have been staged, and are being deployed in some sensitive areas as a preventative measure,” said Scott Hughes, spokesman for Alabama’s Department of Environmental Management. “Hopefully they will prevent or minimize any onshore impacts that might occur.” CEOs Testify Representative Edward Markey , a Massachusetts Democrat who chairs the Select Committee on Energy Independence and Global Warming, cited the spill in announcing a hearing featuring the chief executive officers of major oil companies. The CEOs of BP, Exxon Mobil Corp., ConocoPhillips, Royal Dutch Shell PLC, and Chevron Corp. were asked to testify, Markey said in an e-mailed statement. Representative Henry Waxman , chairman of the House Energy and Commerce Committee, sent letters to the head of BP and Transocean seeking inspection reports for the Deepwater Horizon rig. There are 90 rigs searching for oil and natural gas in the U.S. Gulf of Mexico, according to the Minerals Management Service, which oversees drilling in federal waters as part of the Interior Department. Government Inspectors Inspectors from the Minerals Management Service visited several rigs owned by Diamond Offshore Drilling Inc. in the last day or two, said Gary Krenek , the Houston-based company’s chief financial officer. It’s normal for the officials to inspect the documentation every so often, he said. “It’s unusual for them to hit all of the rigs all at one time,” Krenek said. Statoil ASA welcomes any U.S. review, said Kjersti Torgersen , a Houston-based spokeswoman for the Norwegian company. Statoil complies with more stringent requirements when drilling off the shore of Norway, including the use of acoustic blowout preventative control systems, she said. It’s too early to know whether the inspections will slow or interrupt drilling that is ongoing in the gulf, said Torgersen. The Coast Guard has partly restricted traffic in and out of the Mississippi River. Ships were asked to slow down in three of the four lanes to prevent disturbance of an area around the spill, according to a bulletin issued by the Coast Guard yesterday. The main entrance to the river is still open. To contact the reporters on this story: Jessica Resnick-Ault in New York at jresnickault@bloomberg.net ; Jim Polson in New York at jpolson@bloomberg.net .

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Senate Opens Debate on Financial-Overhaul Bill, Including Derivative Rules

April 29, 2010

By Alison Vekshin and Phil Mattingly April 29 (Bloomberg) — The U.S. Senate began debate on Democrats’ financial-overhaul bill today, including a provision to create the first formal regulatory structure for the $605 trillion over-the-counter derivatives market. Senate Republicans agreed yesterday to let debate begin on the legislation, which is based on a proposal from President Barack Obama and is aimed at strengthening oversight of Wall Street in response to the worst financial crisis since the Great Depression. “The status quo, as we all know, is unacceptable,” Senate Banking Committee Chairman Christopher Dodd , a Connecticut Democrat who offered the legislation, said today as debate began. “We cannot leave the American people vulnerable to the present construct of our financial regulatory system.” Republicans decided to allow debate after Democrats agreed to change a section of the bill aimed at preventing future bailouts of Wall Street banks similar to the $700 billion bailout Congress approved in 2008 for firms including Citigroup Inc. and American International Group Inc. Earlier this week, Republicans blocked Democrats from starting debate on the measure in three procedural votes. At issue is a provision that would give the government new power to take apart failing financial firms whose collapse would shake the economy. It would create a $50 billion industry- supported fund that regulators would use to pay the cost of dissolving a firm. Republicans say the language contains loopholes that wouldn’t end bailouts. No Taxpayer Funds Dodd acknowledged the concern and said the Senate would consider an amendment offered by Senator Barbara Boxer , a California Democrat, to require that no taxpayer funds be used to disassemble a failed company. “My goal during consideration of this legislation will be to reshape this bill so that it actually ends bailouts, protects consumers without jeopardizing our small-community banks and brings transparency to the world of derivatives,” said Alabama Senator Richard Shelby , the top Republican on the Senate Banking Committee, which approved the bill last month on a party-line vote. Shelby, who yesterday broke off talks with Dodd that had been aimed at crafting a bipartisan compromise, said he would “seek to remove dozens of provisions that unnecessarily expand the reach of the federal government into the private affairs of Americans.” Consumer Protection The legislation would create a consumer financial protection bureau at the Federal Reserve and a council of regulators to monitor the economy for systemic risk. It would strengthen oversight of hedge funds and ban proprietary trading at U.S. banks. Democratic Senators Sherrod Brown of Ohio and Ted Kaufman of Delaware introduced an amendment aimed at keeping banks from becoming so big that their collapse could harm the financial system. The amendment would limit the size of banks by imposing a 10 percent cap on a bank holding company’s share of U.S. insured deposits and set a 6 percent leverage limit for those firms and some nonbank financial firms. To contact the reporters on this story: Alison Vekshin in Washington at avekshin@bloomberg.net ; Phil Mattingly in Washington at pmattingly@bloomberg.net

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Gulf Coast Fishing, Tourism Imperiled as Oil Spill Approaches Coastline

April 29, 2010

By Aaron Kuriloff and Jim Polson April 29 (Bloomberg) — Billions of dollars generated by outdoor sports, commercial fishing and beach tourism along the Gulf of Mexico coast is at risk if crude oil leaking from a damaged offshore well washes aground. The oil spill off Louisiana’s coast from a well owned by BP Plc may threaten wildlife, and seafood production in a state known as “Sportsman’s Paradise,” as well as in Mississippi, Alabama, Florida or Texas, said Robert Shipp, chairman of the department of marine sciences at the University of South Alabama. “If this thing really gets to the coast, to those sugar- white beaches from Gulf Shores, Alabama to Panama City, Florida, that would be just a horrible disaster,” Shipp said in an interview. The magnitude of the problem for fish and wildlife depends on how long the well continues to leak oil and where and when it touches land, said Karen Foote, marine fisheries division administrator for the Louisiana Department of Wildlife and Fisheries. Yesterday, the U.S. Coast Guard said the well was leaking five times faster than it previously thought, spewing 5,000 barrels of oil a day into the Gulf. Shifting winds were expected to begin pushing oil ashore in Louisiana as soon as tomorrow evening, bringing tar balls and mousse-like globs of emulsified oil, Charlie Henry, the U.S. government’s lead forecaster for the spill, said April 27. The spill at that time was 16 miles off shore and 600 miles in circumference, or roughly twice the land area of Maryland. Foote said marshes may suffer long-term damage from the oil spill. The Louisiana coast includes 3 million acres of wetlands that serve as a nursery for game fish such as speckled trout and red drum, and are currently nurturing the brown shrimp crop to be harvested by the state’s fishing fleet. Biggest Producer Louisiana is the largest seafood producer in the lower 48 states, with annual retail sales of about $1.8 billion, according to state data. Recreational fishing generates about $1 billion in retail sales a year, according to the state. “Our marshes are nurseries and if those marshes are impacted, those juveniles that are dependent on feeding in those marshes will be affected too,” Foote said in an interview. “Ninety percent of the species you find in our waters are dependent on those marshes.” Those species include shrimp, oysters, crab, menhaden and gamefish that have made Louisiana a destination for seafood lovers, commercial harvesters and anglers, said Mark Schexnayder, regional coastal adviser for Louisiana State University’s Agricultural Center. The marshes also are home to 5 million migratory birds, along with alligators, turtles and other species. 15,000-Mile Coast “Depending on what happens in the next few days, this could have a relatively small impact on coastal Louisiana or significant long-term effects, including closed fishing areas, oiled wildlife and worse,” Schexnayder said. Louisiana’s marshy coastline extends 15,000 miles, according to its Department of Natural Resources. BP is trying to protect areas most sensitive to oiling, from the delta to Mobile Bay, Alabama, Doug Suttles , chief operating officer for exploration and production, said yesterday at a press conference. BP expanded placement of floating boom designed to block oil slicks to 100,000 feet (30 kilometers) today and has another 500,000 feet available, Suttles said. The company expects to clean some oil off the shore, he said. “It’s probably not possible to collect all the oil offshore,” Suttles said. Mike Voisin, who owns Motivatit Seafood in Houma, said significant quantities of oil reaching shore might force closures of oyster beds in some areas or hurt the shrimp harvest, which generates about $962 million in annual retail sales, according to the state. Coming Ashore With winds expected to blow the oil ashore in the next few days, “It’s beginning to be more of a concern,” Voisin said in a telephone interview. The well began leaking oil after the Deepwater Horizon drilling rig, owned by Geneva-based Transocean Ltd. , exploded and sank last week, killing 11 of the 126-member crew. The U.S. Interior Department’s Minerals Management Service and the Coast Guard are investigating the cause as they guide the cleanup. Louis Skrmetta, 54, captain of a ferry boat that carries tourists to Ship Island off the coast of Mississippi, fears a disaster. “This will be worse than hurricane Katrina,” he said. “Our business will be ruined.” Dwindling Anglers Damon McKnight, a fishing guide who operates three 30-foot boats in Venice near the mouth of the Mississippi River, said bookings are already down at his Super Strike Charters LLC. Since the spill, fewer anglers want to travel from Venice, Louisiana at the Mississippi River’s mouth to the Gulf of Mexico in pursuit of marlin or tuna. Saltwater sport fishing generates about $757 million in annual economic impact in Louisiana, while sustaining more than 7,700 jobs, according to the state. People already think the area is covered in oil, McKnight, who sits on the Gulf of Mexico Fishery Management Council, said in an interview. “Potential customers just aren’t going to call right this minute when they see what’s going on.” To contact the reporter on this story: Aaron Kuriloff in New York at akuriloff@bloomberg.net ; Jim Polson in New York at 5293 or jpolson@bloomberg.net .

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BP Oil Well Leaks Up to 5,000 Barrels a Day, Five Times More Than Estimate

April 28, 2010

By Jim Polson and Yee Kai Pin April 29 (Bloomberg) — A damaged BP Plc oil well in the Gulf of Mexico is leaking as many as 5,000 barrels of crude a day, five times more than previously estimated, the U.S. Coast Guard said. “There’s an additional breach in the well,” Coast Guard spokesman Erik Swanson said by telephone from Robert, Louisiana. The National Oceanic and Atmospheric Administration has increased its estimates of the flow of crude from 1,000 barrels a day, he said. The explosion and sinking of the Deepwater Horizon drilling rig about 130 miles (210 kilometers) southeast of New Orleans last week caused a slick that had drifted within 16 miles of the coast, according to a Coast Guard map released after a press conference yesterday. The spill is about 600 miles in circumference, the Coast Guard said. That’s about twice the land area of Maryland. The oil may reach land for the first time tomorrow in Louisiana, bringing tar balls and mousse-like hunks of emulsified oil later, Charlie Henry, the U.S. government’s lead forecaster for the spill, said yesterday at the press conference in Robert. BP burned a section of the slick yesterday, testing whether it may be used to reduce potential shoreline damage, Swanson said earlier. Results will be announced today, Doug Suttles , BP’s chief operating officer for exploration and production, said at the press conference. Daren Beaudo , a spokesman for BP, couldn’t immediately be reached for comment late yesterday. “The winds are going to be sustained out of the southeast for days and days and days,” Tom Downs , a meteorologist at Weather 2000 Inc. in New York, said yesterday in an interview. “That will push everything toward the coast.” Southeast winds may build to 40 miles an hour today, he said. Floating Boom A forecast map published after the press conference showed landfall possible by 6 p.m. local time tomorrow. Heavier oiling would occur should winds continue out of the southeast, Henry said. BP expanded placement of floating boom designed to block oil slicks to 100,000 feet (30 kilometers) today and has another 500,000 feet available, Suttles said. Louisiana’s marshy coastline extends 15,000 miles, according to its Department of Natural Resources. BP is trying to protect areas most sensitive to oiling from the delta to Mobile Bay, Alabama, he said. BP expects to clean up some oil off the shore, he said. “It’s probably not possible to collect all the oil offshore,” Suttles said. Hazed Birds Damage to birds in the Pass a Loutre and Delta Wildlife Refuges, both in the projected path of the spill, was “extremely low” after a pipeline spill caused by Hurricane Ivan in 2004 because wildlife officials hazed birds away from the oil with noise, Henry said. “We’re hoping for the same outcome,” he said. Currents and tides may change the trajectory as the oil nears shore, he said. BP expects to begin drilling tomorrow a new well to reach the damaged well and stop the flow. The well will be started a half mile away and stopping the flow through that method may take three months, he said. BP is spending $6 million a day trying to clean up the spill and stop the leak, according to Suttles. The application of chemical dispersant by airplanes, evaporation and other “natural processes” will dissipate most of the slick, which is thin enough to appear as a sheen on the surface, the Coast Guard said in a statement yesterday. The rig, owned by Geneva-based Transocean Ltd., exploded and sank last week, leaving 11 of the 126-member crew dead. The U.S. Interior Department’s Minerals Management Service and the Coast Guard are investigating the cause as they guide the cleanup. To contact the reporters on this story: Jim Polson in New York at jpolson@bloomberg.net ; Yee Kai Pin in Singapore at kyee13@bloomberg.net

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