Energy
Did BP Get Off Lightly in $18.7 Billion Gulf Settlement?
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The company said that the impact of the agreements will increase its cumulative pretax charges by around $10 billion. The amount of charges taken in the second quarter also will include unspecified charges for “additional business economic loss determinations.”
Here is the breakdown of payments:
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While this is a truckload of money, BP faced a possible fine of up to $18 billion for violations of the Clean Water Act alone. Had the company been found grossly negligent and had a court accepted the government estimate of 4.2 million barrels spilled, BP could have paid $4,300 per barrel. As it is, the company is paying about $1,300 per barrel, much closer to the lower limit of the Clean Water Act’s $1,100 per barrel negligence penalty than to the $4,300 per barrel maximum. In January of this year, a federal judge set the total number of barrels spilled at 3.19 million, which could have led to a penalty payment of $13.7 billion under the Clean Water Act.
BP’s chief financial officer said:
For BP this will provide certainty with respect to BP’s financial obligations for the matters settled, particularly with the ability to spread payments smoothly over many years.
The impact of the settlement on our balance sheet and cashflow will be manageable and enables BP to continue to invest in and grow its business, underpinned by a resilient and robust financial framework.
The agreements still need to be made definitive and issued as a consent decree that will be subject to public comment and final judicial approval. But for now, BP has survived, and there were many observers who didn’t think that would ever happen.
BP’s stock traded up 5% at $41.26 at its high for the day earlier, and now trades up about 4.9% at $41.19, in a 52-week range of $34.88 to $53.24.
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