Posted - March 19, 2013 -  
Bloomberg. - Allen Johnson Jr. and Margaret Cronin Fisk --With assistance from Jef 
Feeley in Wilmington, Delaware. Editors: Glenn Holdcraft, David E. 
Rovella.Post at Maritime Executive dot com
 BP Plc lost an effort to eliminate the possibility of a finding of 
gross negligence that might trigger fines as much as $17.6 billion in 
the trial over the 2010 Gulf of Mexico oil spill.
 “I’m not going to grant that motion,” U.S. District Judge Carl Barbier 
in New Orleans today told a lawyer for the London- based oil company. “I
 don’t see any point in arguing it.”
 BP’s lawyer Andrew Langan asked Barbier to disallow a gross-negligence 
finding as lawyers for the plaintiffs suing the company rested their 
case. “We don’t think there has been a finding of gross negligence” 
against BP, Langan said, only to be immediately rebuffed by the judge in
 the nonjury trial.
 For BP, a finding of gross negligence would mean the company might be 
liable to the U.S. for as much as $17.6 billion in Clean Water Act 
fines, as well as unspecified punitive damages to claimants who weren’t 
part of a $8.5 billion settlement the company reached with most private 
party plaintiffs last year.
 The blowout and explosion aboard the Deepwater Horizon killed 11 
workers and spilled more than 4 million barrels of oil into the Gulf of 
Mexico. The accident sparked hundreds of lawsuits against London-based 
BP, owner of the well, Vernier, Switzerland-based Transocean Ltd. and 
Houston-based Halliburton Co., which provided cement services.
 Legal Tests
 The trial over liability for the disaster began Feb. 25. Barbier will 
determine responsibility for the disaster and whether one or more of the
 companies acted with willful or wanton misconduct or reckless 
indifference -- the legal requirement for establishing gross negligence.
 For Transocean and Halliburton, findings of gross negligence would mean
 the companies might be held liable for punitive damages for all 
plaintiffs.
 Scott Dean, a spokesman for BP, declined to comment on today’s ruling.
 Lawyers for Halliburton and two other defendants, Cameron International
 Corp., and M-I Swaco, a unit of Schlumberger Ltd., told Barbier today 
they would file motions to erase the gross- negligence claim.
 Houston-based Cameron, the maker of the blowout preventer on the 
project, agreed to pay BP $250 million in December 2011 in exchange for 
the oil company’s indemnifying it from damage claims. The settlement 
didn’t cover fines, penalties or punitive damages.
 Drilling Fluid
 M-I Swaco, which provided drilling fluid, settled with BP last year 
without disclosing the terms. Swaco’s lawyers filed a motion today 
asking Barbier to find that that there is no evidence that the company 
engaged in willful or wanton misconduct. It also asked for a finding 
that no acts or omissions by the company caused the disaster, according 
to court papers.
 Transocean began presenting its defense with testimony by Calvin 
Barnhill, a petroleum engineer hired by the company as an expert 
witness.
 Barnhill, who has investigated some 100 oilfield incidents, disagreed 
with earlier testimony by a U.S. Justice Department drilling expert who 
characterized the crew of the doomed Deepwater Horizon rig as 
complacent.
 “They responded every time an event occurred,” Barnhill testified 
today. “They were trying to get it right. I think they just 
misinterpreted what they were seeing.”
 No Intent
 After three weeks of testimony in which plaintiff and government 
lawyers accused BP, Transocean and Halliburton of placing profits above 
safety, Barnhill said he saw no evidence that anyone on the rig 
intentionally ignored pressure anomalies in the minutes before the 
deadly blowout of April 20, 2010.
 “I don’t think anybody out there deliberately misinterpreted what they were seeing,” Barnhill said.
 Barnhill said Transocean’s drilling crew had the responsibility to 
monitor the Macondo well “at all times” for a dangerous “kick,” pressure
 anomaly or other indication of a blowout. A kick is an entry of gas or 
fluid into the wellbore, which can set off a blowout.
 BP, as operator of the well, was responsible for designing and 
conducting a critical negative-pressure test, used to check whether 
cementing had sealed off any leaks in the well, he said. The test would 
have been used to shut down drilling operations, if it hadn’t been 
misinterpreted as successful, he said.
 Barnhill said a negative test with even “inconclusive” results should have resulted in a shutdown.
 ‘Isn’t Baseball’
 “This isn’t baseball,” he said. A “tie doesn’t go to the runner.”
 Barnhill said the Transocean drill crew should have shut down the well 
at 9:30 p.m. the night of the explosion, at the same time that pumps 
were shut off.
 The subsea blowout preventer and other emergency measures weren’t 
activated until approximately 17 minutes later, Barnhill testified. 
Transocean drilling supervisor, Randy Ezell, BP well site leader Donald 
Vidrine and others made phone calls alerting the command center of the 
vessel of continuing increases in pressure despite the shutdown of all 
pumps on the rig.
 “They started taking actions consistent with well control,” Barnhill 
said of Vidrine and the Transocean drilling supervisors and crew 
members. “Unfortunately, they were too far gone” by that time, he said.
 Moments later, pressurized oil and gas shot up from the well more than a
 mile below the Gulf of Mexico. The rig burst into flames and sank two 
days later, setting off the largest offshore oil spill in U.S. history.
 Engineer Call
 About an hour before the blowout, Vidrine told BP onshore drilling 
engineer Mark Hafle in a phone call that the test results showed 
pressure on the drill pipe and zero pressure on an additional pipe, 
called a kill line.
 Hafle told Vidrine that “you can’t have pressure on the drill pipe and 
zero pressure on the kill line in a test that’s properly lined up,” 
Barnhill said. While this indicated the test was unsuccessful, Vidrine 
did not stop work and instructed the rig to proceed with operations, 
Barnhill testified.
 Vidrine apparently never told the Transocean drilling crew about the 8:52 p.m. call with Hafle, Barnhill said.
 Barnhill doesn’t believe that supervisors intentionally ignored what he
 thought was an “inconclusive” negative test, he said under 
cross-examination by plaintiffs’ attorney Paul Sterbcow.
 “I really don’t believe these guys would have said ’damn the 
torpedoes’” if they didn’t believe they had correctly interpreted the 
negative test, Barnhill said.
 Criminal Charges
 Vidrine and Hafle have declined to testify, invoking their Fifth 
Amendment right. Vidrine and another BP site manager, Robert Kaluza, 
were indicted on federal charges of manslaughter, have pleaded not 
guilty and are scheduled to go to trial next January.
 BP pleaded guilty to 14 federal charges, including 12 felonies, and 
admitted it misinterpreted a critical pressure test just before the 
explosion. It agreed to pay $4 billion in fines and penalties, plus $525
 million to settle a Securities and Exchange Commission claim that the 
company underestimated the size of the spill.
 BP, in settling the criminal prosecution, didn’t resolve the lawsuit seeking civil Clean Water Act fines.
 Transocean pleaded guilty to a misdemeanor Clean Water Act violation 
and agreed to pay $1.4 billion, including $400 million in criminal 
penalties.
 The case is In re Oil Spill by the Oil Rig Deepwater Horizon in the 
Gulf of Mexico on April 20, 2010, 10-md-02179, U.S. District Court, 
Eastern District of Louisiana (New Orleans).
Post to be found at: 
http://www.maritime-executive.com/article/BP-Loses-Bid-to-Bar-GrossNegligence-Finding-in-Spill-Trial-2013-03-19/
