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Attention:  Dive Industry Colleagues
 
Date:  May 5, 2010
 
Re:  Deepwater Horizon Oil Spill Information
 
As you are aware on April 20th there occurred an explosion and oil spill on the British Petroleum Oil Drill Platform, Deepwater Horizon, in the Gulf of Mexico.  The extent of the environmental damage is not yet known, but in anticipation of damage occurring to the coastal areas and the potential for extensive economic damages to diving-related concerns, the following information may be of assistance.
 
Oil Spill Information Sources
Information on the oil spill can be found in several locations, where photos, press releases and fact sheets are available:
 
 
  • To discuss spill related damage, please call 1-800-440-0858
  • To report oiled shoreline or request volunteer information, please call 1-866-448-5816
  • To report oiled wildlife, please call 1-866-557-1401 and leave a message. Messages will be checked hourly.
Insurance
Perhaps most obviously, any business that has suffered either physical damage (e.g., oil spillage on a boat or a shoreline) or has suffered business interruption (measured against pre-spill revenues) should review their insurance, preferably with an attorney or broker, to see if there may be coverage. This can be quite technical, so a full review of all policies is recommended.
 
Legal Issues Arising From Oil Spill
DEMA has contacted various legal sources to provide the following information, which may be helpful:
  • From the standpoint of liability and recovering damages, this appears to be a relatively complicated situation.  It is compounded by the fact that it is most likely covered under the rules of maritime law.  Therefore, any attorney with whom your business contracts with regard to filing damage claims as a result of the oil spill should be familiar with this specialty area of law.
  • One of the factors complicating any recovery by affected businesses may be a maritime act put into place following the Exxon Valdez spill.  This act limits the total liability of the oil company involved in such a spill to $75 million.  It is unclear at this time whether this maritime act will apply to this case and the application will likely be resolved in federal court.  It may be helpful to know that news sources are reporting that Congress is considering alternative action which may increase the oil company's liability.  However, this too, will likely be heard in federal court in the months to come.
  • At the present time there is a committee of attorneys in the New Orleans area handling claims arising out of the Deepwater Horizon oil spill. While DEMA does not have a direct relationship with this committee or the involved attorneys, and does not receive any remuneration for referral, one of the members of this committee has stepped forward through DEMA's business attorney to offer assistance and we gladly pass this information along as a service to our members.

    Mr. Gerald Meunier, who is also one of the lead counsel members on the federal case filed in the Eastern District of Louisiana, has considerable experience in this area of law, and has agreed to interface with any DEMA members who want to explore the possibility of a claim, and where they might stand in terms of the priorities of claim that the court will set up.  Mr. Meunier's contact information is:
Gerald E. Meunier
Gainsburgh, Benjamin, David, Meunier & Warshauer

2800 Energy Center, 110 Poydras Street
New Orleans, Louisiana 70163-2800
Telephone:  (504) 522-2304
 
Any possible claimants from the dive industry should contact Mr. Meunier's office directly, and should mention that they have been referred by DEMA. There will be two additional lawyers in the firm (Steven Dittman and Michael Ecuyer) who can also help evaluate any claims and make recommendations about joining the on-going litigation with other businesses in the area, and can discuss costs and other logistics.
I hope this information is useful as you work through the issues caused by this massive oil spill.  Our thoughts are with you and if we can be of service, please contact DEMA directly at 1-800-862-3483 or info@dema.org.
Deepwater Horizon Trajectory Forecast