Designing the Gulf Coast Claims Facility in the Shadow of the Law: A Template from the Superfund Section 301(E) Report
Environmental Law Reporter, Vol. 40, p. 11121, November 2010
8 Pages Posted: 8 Sep 2010 Last revised: 2 Dec 2013
Date Written: August 31, 2010
Abstract
As BP turns the resolution of claims by businesses and individuals over to Kenneth Feinberg, it is a good occasion to survey the issues that the new Gulf Coast Claims Facility will have to address. The Superfund Section 301(e) Report from 1982 provides a template of some of the most important issues, such as the need for an administrative compensation alternative to litigation, the relationship of any new administrative compensation remedy and litigation, limiting the scope of the administrative compensation remedy, filing of claims, causation, presumptions, collateral sources, costs of administration, subrogation, judicial review of compensation decisions, and removal of obstacles to effective court actions. Whatever decisions the Gulf Coast Claims Facility makes will be made in the shadow of an evolving law.
Keywords: environment, oil spill, compensation, torts
JEL Classification: K13, K32
Suggested Citation: Suggested Citation