BP Oil Spill Law Blog

According to the GCCF's Eligibility Criteria for Emergency Advance Payments,

The GCCF anticipates that most submitted claims will be for Lost Profits or Impairment of Earning Capacity.

The GCCF will apply industry-specific criteria in determining the appropriate amount of emergency compensation, including factors like seasonality. Every claim will receive individual consideration and be evaluated on case-specific facts.

Claimants with losses that are closely tied to injury to real or personal property, or natural resources, resulting from the Spill-such as fishermen whose fishing grounds are closed and hotels located on oiled beaches-will receive an emergency payment for the full amount of the claimant's losses for either one month or up to six months where the claimant can establish that six months of loss will be incurred. Claimants have the choice to file for a one-month (or multiple up to six months) payment.

Economic losses which are more remote, or occurred at a location more distant from the Spill, are less likely to be fully compensated. In determining eligibility, and how much compensation is appropriate for such eligible claims, the GCCF will take into account geographic proximity to the Spill, the nature of the claimant's job or business, and the extent to which the claimant's job or business is dependent upon injured property or natural resources. Each of these factors will be weighed in the initial assessment of a claim.

Geographic proximity will primarily be based on whether the claimant's loss occurred in a community or municipality adjacent to a beach, shoreline, marsh, bay or tributary of the Gulf where oil or oil residues came ashore or appeared in the waters. Determinations regarding proximity focus on where the claimant's work or business activity takes place (or normally takes place) - not an individual's or business's mailing address.

The nature of the claimant's business will be evaluated based on the information provided by the claimant, such as whether the claimant is in the seafood processing industry, a supplier of commercial fishermen, a supplier of recreational users of the waters of the Gulf, or a tourist-oriented business such as a motel.

Based on the weighing of these factors, the GCCF will make an initial assessment of whether the claimant is eligible to receive compensation, and what amount of a claim for Lost Profits or Impairment of Earning Capacity is compensable. Claimants are encouraged to submit documentation that helps the GCCF evaluate these factors. The GCCF will review every claim, and a claimant that demonstrates special circumstances at variance with the weighing system will receive fair and careful consideration.

The Gulf Coast Claims Facility provided the following information today about its Claims Facility:

SECTION 1 - GENERAL INFORMATION ABOUT THE GULF COAST CLAIMS FACILITY

1.1 What is the Gulf Coast Claims Facility?

The Gulf Coast Claims Facility ("GCCF") is an independent claims facility for submission and resolution of claims of Individuals and Businesses for costs and damages incurred as a result of the oil discharges due to the Deepwater Horizon incident on April 20, 2010 ("the Spill"). BP has agreed to contribute funds to an escrow account to be used to pay claims submitted to the GCCF. The GCCF is administered by Kenneth R. Feinberg (the "Claims Administrator"), a neutral fund administrator responsible for all decisions relating to the administration and processing of claims by the GCCF.

1.2 The Claims Administrator is being paid by BP, can I trust him to be fair?

The Claims Administrator is an independent, neutral fund administrator. BP provides the funding for the GCCF, including the Claims Administrator's fees and expenses. The Claims Administrator does not report to BP and BP does not control his decisions in any way.

1.3 Will BP decide my claim?

No. The GCCF, an independent, neutral administrator, will decide your claim. BP will have no input on the decision.

1.4 I already submitted a claim through BP. What should I do?

If you have previously filed a claim with BP your information will be transferred to the GCCF. You must complete a GCCF Claim Form if you intend to apply to receive Emergency Advance Payments or a Final Payment for your damages or losses through the GCCF. You will be assigned a new GCCF Claimant Identification Number.

1.5 Can I still file a claim with BP?

No. As of August 23, 2010, all claims must be filed with the GCCF. The GCCF has replaced the BP claims process. Individuals and Businesses should no longer present claims to BP.

SECTION 2 - RESOURCES TO ASSIST CLAIMANTS

2.1 How do I get help completing my Claim Form?

If you need help to complete your Claim Form, you may do one of the following:

1. Visit one of the GCCF Claims Site Offices. You may obtain a list of the Claims Site Offices near you by visiting www.GulfCoastClaimsFacility.com or by calling:

Toll Free Number: 1-800-916-4893. TTY: 1-866-682-1758.

2. Call our Toll Free helpline. The Toll Free Number is listed above.

3. Email us your questions. You may email us at: info@gccf-claims.com.

2.2 English is not my first language. Are there translation services available?

You can call the Toll Free Number 1-800-916-4893 and ask for assistance in another language. In addition, translators in the following languages are available at these Claims Site Offices:

1. For Spanish:

Bayou LaBatre, AL
Biloxi, MS
Clearwater, FL
Cut Off, LA
Gretna, LA
Gulf Breeze, FL
Hammond, LA
Houma, LA
Lafitte, LA
Mobile, AL
New Iberia, LA
Orange Beach, AL
Pointe A La Hache, LA
Santa Rosa, FL
Venice, LA

2. For Vietnamese:

Bayou LaBatre, AL
Bay St. Louis, MS;
Biloxi, MS
Gretna/Belle Chase, LA
Hammond, LA
Houma, LA
Mobile, AL
New Orleans, LA
Pascagoula, MS
Venice, LA

3. For Khmer (Official Language of Cambodia):

Venice, LA

2.3 Are Claim Forms available in other languages?

Yes. Claim Forms are available in Spanish, Vietnamese and Khmer. To access these Claim Forms, visit: www.GulfCoastClaimsFacility.com. For additional assistance call the Toll Free Number 1-800-916-4893 (you will be prompted for multilingual telephone assistance). TTY: 1-866-682-1758.

2.4 Do I need to hire a lawyer to help me with my claim?

You do not have to hire a lawyer to submit a claim to the GCCF. You do have the right to be represented by a lawyer of your choosing.

If you are represented by a lawyer, the GCCF will communicate with your lawyer rather than directly with you.

2.5 Are the fees attorneys can charge limited by law or the GCCF?

Attorneys' fees are not limited by the GCCF. If you want to know whether there any are restrictions on attorneys' fees in your jurisdiction, contact a local bar association.

2.6 What should I do if I have information about a potentially fraudulent claim?

You should call the Department of Justice National Center for Disaster Fraud hotline number: 877-623-3423.

SECTION 3 - WHO MAY FILE A CLAIM

3.1 Who is an Eligible claimant?

Individuals and Businesses that have incurred damages as a result of the Spill may submit a claim to the GCCF for Removal and Clean Up Costs, Damage to Real or Personal Property, Lost Earnings or Profits, Loss of Subsistence Use of Natural Resources, or Physical Injury or Death.

3.2 Do I have to live in the Gulf region to make a claim?

No. Any Individual or Business may submit a claim to the GCCF for costs and damages incurred as a result of the oil discharges from the Spill. However, to receive payment from the GCCF, your costs and damages must have been proximately caused by the Spill and must not be too remote in time or place from the Spill.

3.3 Do I waive my legal rights by filing a claim?

No. You do not waive or release any legal rights by filing a claim for Emergency Advance Payments with the GCCF. If you apply for Final Payment and the GCCF finds that you are eligible for Final Payment then you will be required to sign a Release to receive a Final Payment.

3.4 If I have already filed a lawsuit, can I file a claim with the GCCF?

Yes. You may file a claim with the GCCF regardless of whether you have filed a lawsuit or not.

3.5 If I have filed a claim and received payments from BP, can I file a claim with the GCCF?

Yes. However, any payments you previously received from BP will be subtracted from the amount of any Final Payment from the GCCF for which you may be eligible.

SECTION 4 - HOW TO FILE A CLAIM

4.1 How do I get the Claim Form? Where do I submit the Claim Form when complete?

You can obtain and submit a Claim Form and supporting documentation in any one of the following ways:

1. Through the Website: You can complete the Claim Form online by going to the www.GulfCoastClaimsFacility.com website and selecting "Claim Form." The online instructions will tell you how to complete a Claim Form and how to submit the form and the supporting documents online.

2. By Visiting a GCCF Claims Site Office: You can complete a Claim Form and submit documents in person at one of the GCCF Claims Site Offices, where a Claims Evaluator will help you fill out the form. You may obtain a list of the GCCF Claims Site Offices near you by visiting www.GulfCoastClaimsFacility.com or by calling the GCCF toll free number, 1-800-916-4893. TTY: 1-866-682-1758.

3. By Telephone: You can get a Claim Form by calling the GCCF toll free number, 1-800-916-4893. TTY: 1-866-682-1758. Staff members are available to take your call at this number 24 hours a day, seven days a week. You will be asked for your name and address. The GCCF will mail you a Claim Form for you to fill out and sign. Then you can submit your Claim Form and supporting documents in one of these ways:

4. By Regular Mail:

Gulf Coast Claims Facility
Kenneth R. Feinberg, Administrator
P.O. Box 9658
Dublin, OH 43017-4958

5. By Overnight, Certified or Registered Mail:

Gulf Coast Claims Facility
Kenneth R. Feinberg, Administrator
5151 Blazer Pkwy.
Suite A
Dublin, OH 43017

6. By Fax: You can fax your completed Claim Form and documents to the GCCF at 1-866-682-1772.

7. By Email: You can scan your completed Claim Form and documents and email PDF files to the GCCF at info@gccf-claims.com.

4.2 When should I file a Claim?

If you seek an Emergency Advance Payment, you should complete a Claim Form as soon as you have gathered the necessary documentation to support your claim. You may submit a claim seeking an Emergency Advance Payment through November 23, 2010. You may submit a claim for Final Payment through August 23, 2013.

4.3 Does it cost anything to file a claim?

No.

4.4 What types of documents do I need to submit with my Claim Form?

You must provide documentation or evidence of the damage or injury for each type of damages claimed. Exhibit A to the Claim Form provides a list of the documents that will support your claim and specifies which documents are required for Emergency Advance Payments for each type of damages claimed.

4.5 Can I submit photographs or videos in support of my claim?

Yes. You can submit photographs and videos in support of your claim.

4.6 What if I need more space to write on the Claim Form?

If you need additional space for one or more of the sections in the Claim Form, photocopy the section before completing it and make as many copies as you need. You must attach these copies to your Claim Form. Include your name, address and Claimant Identification Number on all pages you submit. If you do not have a Claimant Identification Number, include your Social Security Number or Employer Identification Number on all pages you submit.

4.7 How will I know that the GCCF has received my claim?

You will receive a confirmation from the GCCF that will confirm your claim submission and tell you the unique 9-digit Claimant Identification Number that is assigned to your claim. The GCCF will enter for processing all submitted Claim Forms, regardless of the method of submission, into the GCCF central database.

4.8 What happens after I submit the Claim Form?

The GCCF will process your claim for the costs or damages as submitted on your Claim Form. You will receive written notice regarding any action taken on your claim, including approved amounts, deficiencies, requests for additional documentation, and denied claims.

4.9 How will I know that my Claim Form is complete?

If you have made a claim for an Emergency Advance Payment, the GCCF will notify you by email or written notice if your claim is incomplete and will tell you what documentation is needed to evaluate and complete the claim. If your claim for an Emergency Advance Payment is complete and eligible you will receive either a check or a wire transfer, depending on the method of payment you selected when you submitted your Claim Form.

If you have made a claim for Final Payment, the GCCF will notify you when your Claim Form and documentation are sufficiently complete for processing.

4.10 How do I submit supplemental information for a claim I already filed?

Make sure you provide your Claimant Identification Number along with any supplemental information you submit. You may submit supplemental information in the following ways:

1. Through the Website: You can submit supplemental information electronically through the GCCF website, www.GulfCoastClaimsFacility.com by following the instructions on this link: documents/onlinesubmission.

2. By Visiting a GCCF Claims Site Office: You can submit supplemental information to a Claims Evaluator at any of the GCCF Claims Site Offices. You may obtain a list of the GCCF Claims Site Offices near you by visiting the GCCF website www.GulfCoastClaimsFacility.com and following the links to contact us/GCCFofficelocations.

3. By Regular Mail: You may submit supplemental information by U.S. Mail to the following address:

Gulf Coast Claims Facility
Kenneth R. Feinberg, Administrator
P.O. Box 9658
Dublin, OH 43017-4958

4. By Overnight, Certified or Registered Mail: You may submit supplemental information by Overnight, Certified or Registered Mail to the following address:

Gulf Coast Claims Facility
Kenneth R. Feinberg, Administrator
5151 Blazer Pkwy.
Suite A
Dublin, OH 43017

5. By Fax: You may fax supplemental information to 1-866-682-1772.

6. By Email: You may submit supplemental information in a PDF file to the GCCF at info@gccf-claims.com.

4.11 Can someone else talk to the GCCF about my claim?

Yes, as follows:

1. If you are represented by a lawyer. If you are represented by a lawyer, the GCCF will communicate with your lawyer rather than directly with you. You must identify your lawyer on the Claim Form.

2. If you have an Authorized Legal Representative. An Authorized Legal Representative is a person who is authorized to act for a deceased person who was affected by the Spill, or for a person affected by the Spill who is unable to act for himself or herself. The Authorized Legal Representative must submit to the GCCF a copy of the paperwork that shows the authority to act on behalf of a person affected by the Spill, such as a power of attorney, an order appointing a guardian, letters testamentary or letters of administration for an estate.

SECTION 5 - CLAIMS FOR EMERGENCY ADVANCE PAYMENT

5.1 What is an Emergency Advance Payment?

An Emergency Advance Payment is a payment available to Individuals and Businesses that are experiencing financial hardship resulting from damages incurred by the Spill. Individuals and Businesses may request such a payment on the Claim Form. You must file for Emergency Advance Payments on or before November 23, 2010.

5.2 How will an Emergency Advance Payment affect my Final Payment?

Any Emergency Advance Payments you receive will be deducted from any Final Payment you receive.

5.3 How do I apply for an Emergency Advance Payment?

Fill out the Claim Form and select the appropriate box requesting an Emergency Advance Payment.

5.4 When can I apply for an Emergency Advance Payment?

You may apply for an Emergency Advance Payment through November 23, 2010. The GCCF will process all claims for Emergency Advance Payments submitted on or before this deadline.

5.5 Will the Emergency Advance Payment be my only payment?

An Emergency Advance Payment is an advance on the payment of your Final Claim. Once you have collected the necessary documentation and you are ready to file a Final Claim, you should complete the Final Claim Sections of the GCCF Claim Form and you may file a Final Claim for any damages or losses you have sustained.

5.6 Can I apply for multiple Emergency Advance Payments?

Yes. You may apply for an Emergency Advance Payment on a monthly basis or for six months of losses. If you are submitting a claim for Emergency Advance Payments for six months you must establish that you will incur loss for the six month period. If you apply for a one-month Emergency Advance Payment and subsequently apply for an Emergency Advance Payment for another month, you must submit a Supplemental Request Form for each additional month for which you seek an Emergency Advance Payment. You may only seek payment for six months of losses if your claim is for Lost Earnings or Profits, Loss of Subsistence Use of Natural Resources, or loss of income due to Physical Injury or Death.

5.7 When can I expect to receive an Emergency Advance Payment, if I am eligible?

Each claim for an Emergency Advance Payment for all claims, except Complex Business claims, will be evaluated preliminarily upon receipt of the completed Claim Form and complete supporting documentation. Once determination is made that the Claimant is eligible for an Emergency Advance Payment, the GCCF will issue payment within 48 hours of that determination.

5.8 What is the Process for Review of Business Claims for Lost Earnings or Profits?

Business claims submitted for an Emergency Advance Payment will be evaluated preliminarily within 7 days of receipt of the completed Claim Form and complete supporting documentation to determine whether an Emergency Advance Payment is appropriate based on the information submitted. A payment will be authorized within 24 hours of the determination that the Claimant is eligible for an Emergency Advance Payment.

5.9 Can I still submit a claim for an Emergency Advance Payment if I do not have all of the required proof or documentation?

You may submit a claim for an Emergency Advance Payment along with whatever documentation you have to substantiate your claim. If the GCCF needs additional documentation to evaluate your claim, you will receive a Notice Requesting Additional Documentation. The amount of Emergency Advance Payment you will receive will be determined based upon the documentation submitted to support the claim. However, if you have not provided sufficient documentation for the GCCF to evaluate your claim, your claim will be placed in inactive status and will not be processed further until you provide additional documentation.

5.10 If I have already provided the documents during BP's claim process, do I need to submit them again?

No, unless the GCCF otherwise instructs you to resubmit the documents. The GCCF should have all of your previous documentation on file.

5.11 Do I have to sign a Release or waiver of rights in order to receive an Emergency Advance Payment?

No. You do not have to sign a Release for Emergency Advance Payments. However, if you are seeking a Final Payment, you will have to sign a Release and Waiver before the GCCF can issue you any Final Payment.

5.12 If I apply for and receive an Emergency Advance Payment, do I give up my legal rights associated with the Spill?

No. You do not waive any legal rights if you receive an Emergency Advance Payment. However, the total Emergency Advance Payments you receive will be deducted from any Final Payment you receive from the GCCF or, if you do not receive a Final Payment from the GCCF, from any other payment you receive in another legal action associated with the Spill.

5.13 What do I have to do to accept the GCCF decision and receive my Emergency Advance Payment?

If you are seeking an Emergency Advance Payment, you do not need to do anything to accept the decision or receive the payment. If you are found eligible, the payment will be sent to you along with your Notice of Emergency Advance Payment Determination.

5.14 What do I do if I do not agree with the amount the GCCF calculates as my Emergency Advance Payment?

The GCCF will calculate the amount of an Emergency Advance Payment according to the GCCF's established rules and guidelines that apply uniformly to all claimants. The amount is an estimate of your projected losses and will not be changed or adjusted at this time. If you disagree with the outcome on your Emergency Advance Payment claim, you can submit a claim for Final Payment and will have the opportunity to present all your arguments and any materials that you feel support your position. All such issues will be considered when reviewing the correct amount of any Final Payment for all losses.

SECTION 6 - CLAIMS FOR FINAL PAYMENT

Frequently Asked Questions on the Final Payment Process will be posted on the GCCF website at a later date.

SECTION 7 - COMPENSATION

7.1 How will the GCCF calculate my payment?

If your claim is for direct damages resulting from the Spill, you will receive compensation for the amount of damages, costs or lost earnings or profits that you are able to prove with acceptable documentation. If your claim is for indirect economic damages, the GCCF will evaluate whether your claim is compensable and the appropriate amount of compensation based on geographic proximity to the Spill, whether you are dependent on injured natural resources, and the nature of your business. The GCCF will evaluate all claims based on the information and documentation received and will provide you with notice of any deficiencies that you need to cure to receive additional compensation.

7.2 What is Collateral Source Compensation and how will it affect my award?

Collateral Source Compensation includes amounts you have received from benefits for damages incurred as a result of the Spill, such as unemployment insurance, other government benefits or private insurance. These amounts will be deducted from your Final Payment upon determination of your Final Claim by the GCCF. The GCCF will not deduct Collateral Source Compensation from Emergency Advance Payments.

7.3 Are gifts or amounts received from charities considered Collateral Source Compensation?

No. Charitable donations and the value of services or in-kind charitable gifts you receive such as emergency housing, food or clothing are not considered Collateral Source Compensation.

7.4 Will prior payments made by BP be deducted from my Final Payment?

Yes. The amounts received by a Claimant for Emergency Advance Payments will be deducted from any Final Payment of a Final Claim.

7.5 Will there be any other deductions from my Final Payment?

Any other earnings or profits you received from another job or another source of earnings or profits during the period for which you are claiming lost earnings or profits will be deducted from the Final Payment. In addition, Emergency Advance Payments you received will be deducted from the Final Payment.

7.6 Will the awards be subject to Federal estate or Federal income tax?

The GCCF will report payments made annually to federal and state taxing authorities, using a Form 1099 or state form equivalent. The GCCF will send you a copy of that form, but cannot give you tax advice regarding any payment issued to you. You should consult your own tax advisor to determine the impact of any payment you receive from the GCCF on your individual tax situation.

7.7 What paperwork do I need to submit before I can receive payment?

The documents and proof that you need to submit to qualify for any payment depend on the type of loss or damage you are claiming. See Exhibit A to the Claim Form for a list of required documents for each type of claim.

7.8 Can I receive payment at the Claims Site Office?

No. Payments will be issued through one central payment distribution center and will be sent to claimants by overnight delivery.

7.9 Can I receive my payment through direct deposit?

Yes. You can elect to receive your payment as a wire transfer directly to your bank account.

7.10 In what ways can I elect to receive payment?

You can elect to receive payment by wire transfer or check.

7.11 Can payments be made through direct deposit to foreign banks?

No.

7.12 Can direct deposit payments be made to money market or brokerage accounts?

Yes.

7.13 If I elect to receive my payment by check, how will it be sent to me?

Your payment will be sent via overnight mail, either through Federal Express or the United States Postal Service's Express Mail.

7.14 Where will I be able to cash my check?

If you do not have your own bank account, the GCCF has made arrangements with Whitney National Bank for check-cashing services. Whitney National Bank has branches located throughout the affected region. If you are an Individual and not a Business, and you do not have your own bank account, you may go to any branch of Whitney National Bank and cash up to $5,000 of your payment in one day. (No fee will be charged by Whitney National Bank for this service.)

7.15 What should I do if I move?

If you move, you should contact us as soon as possible to ensure that you receive all communication and/or payments to which you are entitled. The quickest way to reach us is by emailing us at info@gccf-claims.com. You may also fax a letter to 1-866-682-1772, or mail a letter to:

GULF COAST CLAIMS FACILITY
P.O. BOX 9658
Dublin, OH 43017-4958

SECTION 8 - REMOVAL AND CLEAN UP COSTS

8.1 Will the GCCF provide compensation for costs associated with a Removal and Clean Up claim?

Yes, to qualifying claimants. This section describes the eligibility requirements and documentary proof necessary to qualify.

8.2 What are Removal and Clean Up Costs?

Removal and Clean Up costs are costs that result from actions you took to prevent, minimize, mitigate or clean up damages or anticipated damages from the Spill.

8.3 Who can make a claim for Removal and Clean Up Costs?

Individuals or Businesses that have incurred costs to remove oil discharged by the Spill and/or costs to prevent, minimize or mitigate oil pollution when there is a substantial threat of a discharge of oil due to the Spill may make a claim. To be paid for these costs, the actions taken must have been approved by the Federal On-Scene Coordinator or are otherwise consistent with the National Contingency Plan.

8.4 How will the GCCF calculate Removal and Clean Up Costs?

The GCCF will compensate you for the reasonable costs associated with actions approved by the Federal On-Scene Coordinator or are otherwise proven to be consistent with the National Contingency Plan to remove oil discharged by the Spill and/or costs to prevent, minimize or mitigate the effects of the Spill. To determine this amount, the GCCF will calculate the total cost by reviewing contractor invoices, proofs of payment, contractor daily logs, disposal manifests, affidavits or witness statements, or other documentation you submit.

8.5 What do I need to prove to make an eligible claim for Removal and Clean Up Costs?

To be eligible to receive money for your Removal and Clean Up Costs, you need to prove:

1. That you incurred expenses to remove, prevent, minimize or mitigate the effects of the Spill;

2. That the Federal On-Scene Coordinator approved your removal and clean up actions or the actions are otherwise proven to be consistent with the National Contingency Plan; and

3. That the removal or clean up costs you incurred were reasonable.

8.6 What kinds of documents do I need to submit to make a claim for Removal and Clean Up Costs?

Refer to Exhibit A to the Claim Form for a list of the documents that you must submit with each claim for Removal and Clean Up Costs.

8.7 What if the property I cleaned gets damaged again by the Spill? Can I make another claim?

Yes. If you wish to request a subsequent Emergency Advance Payment for the same claim, you must fill out and submit a Supplemental Request Form for Emergency Advance Payment. You must provide your name and Claimant Identification Number, the amount you are claiming as a subsequent Emergency Advance Payment, the amount you previously received, responses to questions regarding your claim, your signature, and supporting documentation. You will need to provide documentation for your costs incurred.

8.8 My property was damaged and I spent money on clean up. Can I claim both Removal and Clean Up Costs and damages to Real or Personal Property?

Yes. You may claim both property damages and clean up costs.

SECTION 9 - DAMAGE TO REAL OR PERSONAL PROPERTY

9.1 Will the GCCF provide compensation for damage to Real or Personal Property?

Yes, to qualifying claimants. This section describes the eligibility requirements and documentary proof necessary to qualify.

9.2 What is Real Property?

Real Property is land and buildings, houses, or objects affixed or attached to the land.

9.3 What are damages to Real Property?

Damages include any physical injury or damage to the Real Property.

9.4 What is Personal Property?

Personal Property is equipment, boats, cars, furniture, or objects not affixed or attached to the land and any property not considered real property.

9.5 What are damages to Personal Property?

Damages include any physical injury or damage to the Personal Property.

9.6 Who can make a claim for damages to Real or Personal Property?

Any Individual or Business that owns or rents Real or Personal Property physically damaged or destroyed by the Spill may submit a claim to the GCCF for damages to the affected Real or Personal Property, or for economic losses resulting from the destruction of the affected property. If you are an owner of a property that you lease to someone else, you must notify the lessee that you are filing a claim. If you lease a property from someone else, you must notify the owner that you are filing a claim.

9.7 What are the procedures for calculating damages to Real or Personal Property?

Damages to Real or Personal Property will be measured by the cost of repair or replacement of the property and/or the difference in the value of the property before and after the damage.

9.8 What do I need to prove to make an eligible claim for Real or Personal Property?

You need to prove the following to make an eligible claim:

1. Information or documentation showing an ownership or leasehold interest in the property;

2. Information or documentation showing the property was physically damaged or destroyed as a proximate result of the Spill;

3. Information or documentation showing the damages claimed were incurred as the result of the physical damage to or destruction of the property;

4. Information or documentation showing the cost of repair or replacement of the property or economic losses resulting from destruction of the property; and

5. Information or documentation showing the value of the property both before and after the damage.

9.9 What kinds of documents do I need to submit to make a claim for damages to Real or Personal Property?

Refer to Exhibit A to the Claim Form for a list of the documents that you must submit with each claim for damages to Real or Personal Property.

9.10 Do I have to own the Real or Personal Property?

No. You can make a claim if you are an owner or a renter. However, the GCCF will not pay the same claim for damages or losses to Real or Personal Property to both an owner and a renter. If you are an owner of a property that you lease to someone else, you must notify the lessee that you are filing a claim. If you lease a property from someone else, you must notify the owner that you are filing a claim.

9.11 Who does the GCCF pay if both the owner and renter file the same claim?

The owner and lessee of the property cannot receive payments for the same damage to the same property. The owner will generally be allowed to pursue the claim, unless the lessee can establish a contractual right to recover damages to the property occurring during the term of the lease.

SECTION 10 - LOST PROFITS AND EARNING CAPACITY

10.1 Will the GCCF provide compensation for Lost Profits and Earning Capacity?

Yes, to qualifying claimants. This section describes the eligibility requirements and documentary proof necessary to qualify.

10.2 What are Lost Earnings?

Lost Earnings occur when you experience a loss of or reduction in your ability to earn wages or income because of the Spill. If you were unable to engage in your normal job because of the Spill or made less money than usual because of the Spill, you may have experienced Lost Earnings.

10.3 What are Lost Profits?

Lost Profits are loss of income or profits by a Business. If your Business experienced a temporary or permanent loss or reduction in profits due to the Spill, you can make a claim for Lost Profits. Your Business may also have experienced Lost Profits if it was forced to operate under different conditions than those that existed prior to the Spill.

10.4 Who can make a claim for Lost Earnings or Profits?

An Individual or a Business may make a claim for Lost Earnings or Profits.

10.5 What kind of documents do I need to submit to make a claim for Lost Earnings or Profits?

You must show that you suffered Lost Earnings or Profits as a result of injury, destruction or loss of Real Property, Personal Property, or natural resources due to the Spill, but you need not be the owner of the damaged property or natural resources. Refer to Exhibit A to the Claim Form for a list of the required documents that must be submitted with each claim for Lost Earnings or Profits.

10.6 What do I need to prove to make an eligible Lost Earnings or Profits Claim?

To prove an eligible claim you must:

1. Identify the specific Real Property, Personal Property or natural resources injured, destroyed or lost due to the Spill; and

2. Show that you lost earnings or profits as a result of the injury, destruction or loss of the specific property or natural resources.

10.7 Will state or federal taxes be taken out of payments for Lost Earnings or Profits?

The GCCF will report annually to federal and state taxing authorities, using a Form 1099 or state form equivalent. The GCCF will send you a copy of that form, but cannot give you tax advice regarding any payment issued to you. You should consult with your own tax advisor to determine the impact of these payments on your individual tax situation.

10.8 I filed a claim for Lost Earnings or Profits with BP and received a check for a limited period, but I have continued to lose income since then. What about my continued loss? Do I need to file a new claim?

Yes. You will need to submit a new Claim Form to the GCCF to receive additional compensation.

10.9 If I found another job that paid me less than my employment prior to the Spill, can I make a claim? Do you need to know how much money I made?

Yes. You can make a claim for Lost Earnings or Profits even if you have received some income since the Spill. You will need to provide information about all other sources of income in the Claim Form. Income received after the Spill will be considered in the calculation of total income you lost because of the Spill.

SECTION 11 - LOSS OF SUBSISTENCE USE OF NATURAL RESOURCES

11.1 Will the GCCF provide compensation for Loss of Subsistence Use of Natural Resources?

Yes, to qualifying claimants. This section describes the eligibility requirements and documentary proof necessary to qualify.

11.2 What is Loss of Subsistence Use of a Natural Resource?

Loss of Subsistence Use of a Natural Resource is when an Individual or Business can no longer use a natural resource to obtain food, shelter, clothing, medicine or other minimum necessities of life because the natural resource has been injured, destroyed or lost because of the Spill. For example, an Individual who uses fish or other wildlife for food but can no longer do so because of the Spill may file a Loss of Subsistence Use claim.

11.3 Who can make a claim for Loss of Subsistence Use?

Any Individual or Business who uses natural resources for food, shelter, clothing, medicine, or other minimum necessities of life and has lost the ability to use the natural resource because of the Spill may make a claim for Loss of Subsistence Use.

11.4 What do I need to prove to make an eligible Loss of Subsistence Claim?
To prove an eligible claim you must:

1. Identify the specific natural resource that has been injured, destroyed or lost as a result of the Spill for which compensation for loss of subsistence use is being claimed;

2. Describe the actual subsistence use you made of the natural resource. For example, the use of fish or wildlife for food; and

3. Describe how and to what extent the subsistence use was affected by the damaged or destroyed natural resource. For example, the fishing area was closed.

11.5 What kind of documents do I need to submit to make a claim for Loss of Subsistence Use?

Refer to Exhibit A to the Claim Form for a list of the documents that you must submit with each claim for Loss of Subsistence Use of a Natural Resource.

SECTION 12 - PHYSICAL INJURY OR DEATH

12.1 Will the GCCF provide compensation for Physical Injury or Death?

Yes, to qualifying claimants. This section describes the eligibility requirements and documentary proof necessary to qualify.

12.2 Who can make a claim for Physical Injury or Death?

Any injured Individual or the authorized representative of a legally incompetent or deceased Individual.

12.3 What do I need to prove to make an eligible claim for Physical Injury or Death?

To make an eligible claim for Physical Injury or Death you must provide the following:

1. Medical records reflecting diagnosis by a medical practitioner, or death certificate;

2. Cause of the injury;

3. Location where injury occurred;

4. Evidence of total or partial disability;

5. Expenditures for medical care not otherwise compensated; and

6. If you are claiming loss of income, proof of lost income.

12.4 What is a Physical Injury?

A physical injury is an injury to the body proximately caused by the Spill or the explosion and fire associated with the Deepwater Horizon incident, or by the cleanup of the Spill. An injury that relates to emotional or mental health is not a physical injury and is not an eligible claim.

12.5 Who is considered a licensed medical professional?

A licensed medical professional is a medical provider who is licensed by the state and authorized by the state to prescribe medications.

12.6 What kinds of documents do I need to submit to make a claim for Physical Injury or Death?

Refer to Exhibit A to the Claim Form for a list of the documents that you must submit with each claim for Physical Injury or Death.

12.7 What if my physical injury is ongoing?

If your physical injury is ongoing, you may apply for an Emergency Advance Payment for medical expenses or loss of income you have incurred. Once the full effects of your physical injury are known and/or resolved, you can choose to apply for and receive Final Payment for your claim.

12.8 Can I apply for Emergency Advance Payment for my Physical Injury claim?

Yes. The Emergency Advance Payment will be limited to any medical expenses or any loss of income resulting from your physical injury.

12.9 Can I apply for Emergency Advance Payment for a Death claim?

Yes. The authorized representative of a deceased Individual can apply for an Emergency Advance Payment for expenses or loss of income resulting from a Death.

Protocol for Emergency Advance Payments
August 23, 2010

I. PURPOSE

This Protocol sets forth the procedure for the submission and resolution by the Gulf Coast Claims Facility ("GCCF") of claims for Emergency Advance Payments by Individuals and Businesses for costs and damages incurred as a result of the oil discharges from the April 20, 2010 Deepwater Horizon incident ("the Spill").

A. Role

The United States Coast Guard ("USCG") has designated BP Exploration & Production, Inc. ("BP"), as a Responsible Party under the Oil Pollution Act of 1990 ("OPA") for oil discharges from the Deepwater Horizon facility. Under OPA, Responsible Parties must establish a claims process to receive certain claims by eligible claimants. USCG, without in any way relieving other Responsible Parties of liability, directed BP to maintain a single claims facility for all Responsible Parties to avoid confusion among potential claimants.

The GCCF is intended to replace BP's claims facility for individuals and businesses. The GCCF (and the protocols under which it operates) are structured to be compliant with OPA. A final claim may be presented to the GCCF at any time that the facility is receiving claims. Whether or not a claim has been presented shall be governed by OPA and applicable law. All open Individual and Business claims that have been filed with the BP Claims Process will be transferred to the GCCF. BP has also authorized the GCCF to process certain non-OPA claims involving personal injury. Submission of such claims shall be wholly voluntary and participation in the GCCF shall not affect any right that the claimant would have had absent such participation unless final resolution and settlement of the claim is achieved.

B. Approach

The following non-exclusive principles apply to the operation of the GCCF:

The GCCF will evaluate all claims in a prompt and fair manner guided by applicable law.
The establishment of the GCCF does not diminish any right of any individual or business that existed prior to the creation of the GCCF; claimants have all of the same rights with respect to their various claims that they had prior to the creation of the GCCF and shall not be forced to relinquish any rights for the opportunity to seek compensation through the GCCF.

The GCCF claims process is structured to comply with OPA and apply the standards of OPA.
The GCCF is administered by Kenneth R. Feinberg ("the Claims Administrator"), a neutral fund administrator responsible for all decisions relating to the administration and processing of claims by the GCCF. This Protocol addresses only claims for Emergency Advance Payments; a subsequent Protocol will deal with all Final Claims. Under the Final Protocol, interim claims will be considered where appropriate.

II. ELIGIBILITY

Claimants who are experiencing hardship resulting from damages set forth below incurred due to the Spill may apply for an Emergency Advance Payment.

A. Removal and Clean Up Costs

1. Who may make a claim?

Any Individual or Business that incurred costs, as a result of the Spill for the removal of oil or to prevent, minimize, or mitigate oil pollution.

2. Required Proof

The costs are for removal of oil discharged due to the Spill or that are to prevent, minimize or mitigate oil pollution from the Spill;
The costs are reasonable and necessary; and
The actions taken to remove, prevent, minimize, or mitigate oil pollution were approved by the Federal On-Scene Coordinator or are otherwise proven to be consistent with the National Contingency Plan.

3. What information should the claimant submit?

Information or documentation (e.g., bills) showing the costs incurred after the Spill for removal of oil discharged as a result of the Spill or incurred to prevent, minimize, or mitigate oil pollution from the Spill.
Information or documentation explaining how the actions taken were necessary to prevent, minimize, or mitigate the effects of the Spill.
Information or documentation showing that the actions taken were approved by the Federal On-Scene Coordinator or were consistent with the National Contingency Plan.
Information or documentation explaining why the costs were reasonable.

B. Real or Personal Property

1. Who may make a claim?

Any Individual or Business that owns or leases real or personal property physically damaged or destroyed as a result of the Spill.

In order to avoid duplication of claims, an owner or lessee of the property must provide notice to all others with an ownership or lease interest in the property of the intent to file a claim. If duplicate claims are received, the GCCF will determine the appropriate claimant.

2. What information should the claimant submit?

Information or documentation showing an ownership or leasehold interest in the property.
Information or documentation showing the property was physically damaged or destroyed.
Information or documentation showing the damages claimed were incurred as the result of the physical damage to or destruction of the property.
Information or documentation showing the cost of repair or replacement of the property, or economic losses resulting from destruction of the property.
Information or documentation showing the value of the property both before and after damage.

C. Lost Profits and Lost Earning Capacity

1. Who may make a claim?

An Individual or Business that incurred a loss in profits or earning capacity due to the injury, destruction, or loss of real property, personal property or natural resources as a result of the Spill. The individual or business need not be the owner of the injured property or resources to recover for lost profits or income.

2. What information should the claimant submit?

Identification of injury, destruction, or loss to a specific property or natural resource.
Information concerning Claimant's lost earnings or profits that were caused by the injury, destruction, or loss of specific property or natural resource as a result of the Spill (such as lost income by a fisherman whose fishing grounds have been closed or a hotel or rental property that has had decreased profits because beaches, swimming, or fishing areas have been affected by the oil from the Spill).
Reduction of earnings or profits, or increase in expenses resulting from such damage.
Amount of profits and earnings or expenses in comparable time periods.
Income received from alternative employment or business during the period when the loss was suffered, and expenses incurred in generating the alternative income.
Savings to overhead and other normal expenses not incurred as a result of the Spill.

D. Subsistence Use of Natural Resources

1. Who may make a claim?

Any Individual who uses the natural resources that have been injured, destroyed or lost as a result of the Spill to obtain food, shelter, clothing, medicine, or other subsistence uses.

2. What information should be submitted?

Identification of the specific natural resources that have been injured, destroyed or lost as a result of the Spill for which compensation for loss of subsistence use is being claimed. The Claimant need not own the affected natural resource.
Description of the actual subsistence use made of each specific natural resource.
Description of how and to what extent the subsistence use was affected by the injury to or loss of each specific natural resource as a result of the Spill.
Description of expenditures made to replace or substitute for the subsistence use.

E. Physical Injury /Death

1. Who may make a claim?

A claim may be made by an injured individual or the representative of a deceased individual for a physical injury or death proximately caused by the Spill or the explosion and fire associated with the Deepwater Horizon incident, or by the clean-up of the Spill.

Submitting a physical injury or death claim to the GCCF is entirely voluntary. However, unlike claims under the Oil Pollution Act, claims for physical injury and death cannot be submitted to the National Pollution Funds Center.

2. What information should be submitted?

Medical records or death certificate demonstrating physical injury or death.
Medical records reflecting diagnosis by a medical practitioner.
Information concerning the cause of physical injury.
Information concerning the circumstances of the physical injury and the location where the physical injury occurred.
Information concerning any total or partial disability of the Claimant.
Records showing expenditures for medical care not otherwise compensated.
Proof of lost income, if the Claimant seeks compensation for such lost income.

F. Causation

The GCCF will only pay for harm or damage that is proximately caused by the Spill. The GCCF's causation determinations of OPA claims will be guided by OPA and federal law interpreting OPA and the proximate cause doctrine. Determinations of non-OPA claims will be guided by applicable law. The GCCF will take into account, among other things, geographic proximity, nature of industry, and dependence upon injured natural resources.

III. FILING FOR AN EMERGENCY ADVANCE PAYMENT

A. Equal Access and Fair Adjudications in the Claims Process

All potential claimants will be treated with respect, dignity, and fairness, without regard to race, color, sexual orientation, national origin, religion, gender, or disability. The GCCF shall strive to ensure that all claimants can equally access the GCCF process, and that claims will be adjudicated fairly. Individuals with disabilities will be able to effectively communicate their claims and problems to the GCCF. Individuals with language barriers will have meaningful access to the process and to the GCCF. Individuals with low literacy will have documents and forms explained to them plainly and in a simple manner they understand.

B. Claim Form

1. The Claimant will indicate on the Claim Form if the Claimant is applying for an Emergency Advance Payment. Claimants will complete a Claim Form for an Individual or Business.

2. Claimants shall submit the documentation requested on the Claim Form for an Emergency Advance Payment or other similar information as is sufficient to substantiate the claim and for the GCCF to review and process the Claim.

C. Process for Filing a Claim for an Emergency Advance Payment

A Claim Form may be obtained and submitted in any one of the following ways:

1. Via the Internet - Claimants may submit a claim online by visiting the GCCF website: www.gulfcoastclaimsfacility.com. Claimants will be instructed to follow simple steps for completing a claim. Once completed, the claim will be automatically submitted to the GCCF Database, a printable confirmation notification will be generated and displayed immediately confirming submission and providing the Claim Number and a confirmation email will be sent to those Claimants who have provided email addresses. The Claim Number will be the claim identifier throughout the process. The Claim Form and Instructions will be available in English, Spanish, Vietnamese and Khmer.

2. By Visiting a GCCF Claims Site Office - Claimants may visit one of the 36 Claims Site Offices established to assist Claimants with the claims submission process to (1) seek information about filing a claim or to (2) submit a claim in person. Claimants may either walk in to one of the Claims Site Offices or may make an appointment by calling the toll-free telephone line. The locations of the Claims Site Offices are posted on the GCCF website, www.gulfcoastclaimsfacility.com. If a visitor requires an interpreter and an interpreter is not available on site, the Claims Evaluator will make arrangements to provide these services either via conference call or a scheduled return trip to the Claims Site Office. A Claims Evaluator will assist the Claimant in completing the Claim Form. The Claims Evaluator will print a copy of the Claim Form, the claimant will sign the Claim Form and the claim will be automatically submitted to the GCCF Database. A confirmation of the claim submission and Claim Identification Number will be provided by the Claims Evaluator. The Claim Form must be signed by the Claimant.

3. Via U.S. Postal Service - Claimants may call the toll free, dedicated telephone line to request that a Claim Form be mailed via U.S. Postal Service. The Claims Operator will ask the caller to provide basic information which the Claims Operator will enter into the on-line system. The system will automatically generate a unique, pre-populated and bar-coded Claim Form which will include the identifying information provided by the caller. The Claim Form will contain a Claim Identification Number which will be the Claim identifier through the course of the process. The coded Claim Form will be mailed via U.S. Postal Service to the Claimant. The Claim Form must be signed by the Claimant. The Claimant may return the completed form via:

U.S. Postal Service:

Gulf Coast Claims Facility
P. O. Box XXX
Dublin, OH 43017-4958

Overnight, Certified or Registered Mail:

Gulf Coast Claims Facility
5151 Blazer Parkway, Suite A
Dublin, OH 43017-4958

Fax: 1 866 682-1772

Email: info@gccf-claims.com.

The toll-free telephone lines are as follows:

Toll Free Number: 1-800 916-4893
Multilingual Telephone Line: 1-800 916-4893
TTY Telephone Line: 1-866 682-1758
All submitted Claim Forms, regardless of the method of submission, will be automatically forwarded to the Central Processing Database and integrated into a comprehensive GCCF Database.

D. Appointment with a Claims Evaluator

The Claimant may request an appointment with a Claims Evaluator at the nearest Claims Site Office to answer or clarify issues regarding a claim for an Emergency Advance Payment. The Claims Evaluator will review the claim for completeness and eligibility and may contact the Claimant to request additional supporting documentation if necessary or if the Claims Evaluator has any questions about the information submitted with the Claim Form. Examples of information and documentation that support a claim are attached as Exhibit A.

E. Evaluation of Application for Emergency Advance Payment

1. Evaluation of an Emergency Advance Payment application will apply a less rigorous standard for required corroboration than evaluation of a claim for Final Payment. Documentation sufficient to establish the claim will be described in the Claim Form.

2. Each Emergency Advance Payment application will be evaluated preliminarily within 24 hours of receipt of the completed form and supporting documentation to determine whether an Emergency Advance Payment is appropriate based on the information submitted by the Claimant. Complex business claims submitted for an Emergency Advance Payment will be evaluated preliminarily within 7 days of receipt of the completed form and supporting documentation to determine whether an Emergency Advance Payment is appropriate based on the information submitted by the Claimant.

3. Upon a determination that the Claimant is eligible for an Emergency Advance Payment, a payment will be authorized within 24 hours.

F. Period for Application for Emergency Advance Payment

1. Emergency Advance Payment applications may be submitted on a monthly basis. Emergency Advance Payment applications for Lost Profits and Lost Earning Capacity, Loss of Subsistence Use of Natural Resources, or loss of income due to physical injury or death may be submitted either on a monthly basis or for six months of losses, at the option of the Claimant. Claimants seeking an Emergency Advance Payment on a six month basis must establish that they will incur loss for the six month period. To the extent possible, six month payments will be based on the seasonally adjusted lost income or lost profits, as applicable.

2. Emergency Advance Payment applications may be submitted during the period August 23 - November 23, 2010. After that date, applications for Emergency Advance Payments will no longer be accepted. Applications for Final Claims, and in appropriate circumstances applications for interim claims, will continue to be accepted pursuant to the Protocol for Final Claims.

G. Request or Receipt of Emergency Advance Payment Does Not Waive Any Rights

Claimants requesting an Emergency Advance Payment or receiving an Emergency Advance Payment will not be asked or required to sign a release or waive any rights to assert additional claims, to file an individual legal action, or to participate in other legal actions associated with the Spill.

H. Credit Against Final Payment

Any Emergency Advance Payment made to a Claimant will be deducted from any Final Payment of a Final Claim.

IV. REPORTING

The GCCF shall provide reports of non-personally identifiable information to state, local, and federal government officials and to BP to permit an evaluation of the claims process. The GCCF shall submit to interested parties, including BP, periodic reports regarding claims made and claims determinations.

V. PRIVACY

Information submitted by a Claimant to the GCCF will be used and disclosed for purposes of: (i) processing the Claimant's claim for compensation and any award resulting from that claim; (ii) legitimate business purposes associated with administering the GCCF, including the prevention of fraud and the determination of collateral source payments; and/or (iii) as otherwise required by law, regulation or judicial process.

VI. QUALITY CONTROL AND PROCEDURES TO PREVENT AND DETECT FRAUD

A. Review of claims

For the purpose of detecting and preventing the payment of fraudulent claims and for the purpose of accurate and appropriate payments to Claimants, the GCCF shall implement procedures to:

1. Verify and authenticate claims.

2. Analyze claim submissions to detect inconsistencies, irregularities, and duplication.

3. Ensure the quality control of claims review procedures.

B. Quality Control

1. The GCCF shall institute periodic quality control audits designed to evaluate the accuracy of submissions and the accuracy of payments.

2. The GCCF shall engage an independent outside accounting firm to perform an independent test of claims to ensure that the claims have been accurately processed.

C. False or Fraudulent Claims

Each Claimant will sign a form at the time of application, stating that he or she certifies that the information provided in the Claim Form is true and accurate to the best of his or her knowledge, and that he or she understands that false statements or claims made in connection with that application may result in fines, imprisonment, and/or any other remedy available by law, and that suspicious claims will be forwarded to federal, state, and local law enforcement agencies for possible investigation and prosecution. The GCCF shall refer all evidence of false or fraudulent claims to appropriate law enforcement authorities.

Additional Resources:

GCCFUnderstandingEmergencyAdvancePaymentProtocol.pdf

GCCFEmergencyAdvancePaymentProtocol08_23_2010.pdf

A Vietnamese American Voluntary LAW CORP Points Out The Following Eleven Issues It Has With the BP Oil Spill Draft Protocol:

• The GCCF steps into the shoes of BP, and therefore its claims procedure must meet all applicable requirements of the OPA.
• Under the OPA, the 90-day period for BP to honor a claim began to run when a claimant first submitted its claim to BP, and cannot reset by the GCCF.
• As an agent of BP, the GCCF is not in a position to advise a potential claimant whether or not to file a claim.
• A claimant is entitled under the OPA to make a claim for a sum certain, and any acceptance for a lesser amount does not preclude the claimant from pursuing future recovery for unrecovered amounts with the NPFC or through litigation.
• The requirement that a claimant sign a general release of all rights and claims the claimant may have is contrary to the OPA.
• The Draft Protocol's absolute limitations period is inconsistent with the OPA's limitations period, which incorporates the "discovery rule."
• Advance Emergency Payments under the Draft Protocol do not equate to Interim Payments under the OPA, which allows a claimant to make successive Interim Claims.
• A claimant is not required to make non-OPA claims to the GCCF, and settlement of OPA claims have no preclusive effect on non-OPA claims.
• Under the OPA, a claimant is entitled to interest on late paid claims.
• The OPA is a strict liability statute that does not require that a claimant show "proximate cause" in order to recover damages.
• The OPA allows a claimant to submit non-traditional alternative documentation to prove a claim.

Source:

Vietnamese American Voluntary Law Corps Problems With BP Oil Spill Protocol.pdf

You must complete a GCCF Claim Form if you intend to apply to receive Emergency
Advance Payments or a Final Damages for you damages or losses through the GCCF. Please remember this is a voluntary program.

Should you have any questions regarding the GCCF claims process, you should not delay in speaking with your BP Oil Spill Lawyer to protect your interests as you may be facing very important legal deadlines.

Gulf Coast Claims Facility Claim Form- Download Gulf Coast Claims Facility Claim Form.pdf

Gulf Coast Claims Facility Claim Form Instructions- Download Instructions_GCCF_ClaimForm.pdf

Gulf Coast Claims Facility Frequently Asked Questions

BP will transfer responsibility for individual and business claims relating to the BP Oil Spill to the Gulf Coast Claims Facility (GCCF) on August 23.

In order to clarify the next steps and to ensure an orderly and efficient transfer of files and data, BP announced the following:

• BP will accept new claims into its system through Wednesday, August 18. From August 19 - 22, individuals and businesses will be asked to file a claim when the GCCF is operational on August 23.
• BP's Immediate Action Claims Team will continue to operate through Sunday, August 22, for existing claimants only. This team can be contacted at (800) 573-8249 and will work with those who have real emergencies with regard to an existing claim.
• Government entity claims will continue to be handled by BP's claims team. Effective August 23, the contact information for government entity claims is: online, www.bp.com/governmentclaims; by email, governmentclaims@worleyco.com; by mail, Government Entity Claims and Funding Requests, 1905 W. Thomas Street; Suite D-358, Hammond, LA 70401; by phone, (877) 710-4064; and by fax, (800) 810-5650.

A report released today by the Georgia Sea Grant and the University of Georgia concludes that up to 79 percent of the oil released into the Gulf of Mexico from the Deepwater Horizon well has not been recovered and remains a threat to the ecosystem.

The report, authored by five prominent marine scientists, strongly contradicts media reports that suggest that only 25 percent of the oil from the Deepwater Horizon oil spill remains.

Source:

UGA Sea Grant Report

In a Friday, August 13, 2010 interview with Bloomberg, Kenneth Feinberg made the following points regarding BP Oil Spill Claims:

Geographic Consideration: "The farther away you are from the Gulf and the Gulf shore the less likely it is that you will have a valid claim," "But I will take a look at each claim."
Hotels that are 50 miles (80 kilometers) inland are unlikely to be compensated for tourism losses.

Realtors: Feinberg said he has set aside a "modest amount," which he didn't disclose, to compensate the Gulf region's Realtors for lost sales, rent and commissions.

Academics and environmentalists to assess damage: Independent academics and environmentalists will join government officials to help assess the spill damage so that each claim is judged by the same criteria.

Source:

BP Spill Claims From 50 States Confront Administrator Feinberg

While clean up workers continue efforts to plug the Deep Horizon oil well once and for all, Louisiana's delicate wetlands continue to suffer. The wetlands are a vital part of the ecosystem, providing a habitat to much of Louisiana's wildlife and a natural buffer against strong storm surges. Because much of Louisiana's 7,700 miles of shoreline is composed of wetlands and marshes, the spill related damage to the ecosystem has been substantial. Dead vegetation, oily water, blackened marsh grasses, and soiled dirt offer an alarming postcard from the state's endangered bayous as each tide brings another wave of oil pollution. The fragility of the wetlands makes many clean up efforts futile as further degeneration is caused by walking on the oil soaked grass and removal of soiled vegetation destroys the roots that prevent marshland from eroding into the open water. While strategies for wetland cleanup have included controlled burns, fresh water flushes, and even an unsuccessful attempt to clean stained grasses with pads resembling large Q-tips, the wetlands present a conundrum to scientists.

" [The wetlands] are so sensitive that they succumb to the oil spill impacts, but you can't go in and clean them up because you cause more damage," said Wes Tunnell, associate director of the Harte Research Institute for the Gulf of Mexico Studies in Corpus Christi.

Like Tunnell, many scientists favor a hands-off approach to wetland restoration, believing that time and Mother Nature's natural microbes offer the best hope for the damaged wetlands.

With over 2,300 miles of wetlands lost in the last seventy years, Louisiana marshlands are disappearing at an alarming rate. Much of the wetland depletion has been worsened by harmful land-use practices as levees and canals built to control flooding and maintain oil and gas industry pipelines have had detrimental ecological effects on the ecosystem. With relatively little scientific knowledge of the long-term effects of such a massive oil spill on coastal marshlands, the resiliency of Louisiana's wetlands will again be tested.

Sources/Further information:

Oil spill effects on nature in pictures

Interactive map of areas affected by oil spill

According to recent news reports, BP, the Responsible Party, plans to file its own claim with the the Gulf Coast Claims Facility and/or the National Pollution Funds Center to pay for its own Oil Spill expenses of at least $4.5 billion. As ridiculous as this may sound, apparently claims may be made by the Responsible Party ("RP") under certain limited circumstances.

Oil Pollution Act Section 1008 (33 U.S.C. 2708) provides that a RP may assert a claim for removal costs and damages only if the RP demonstrates that the RP is entitled to a defense to liability under Section 1003 or to a limitation of liability under Section 1004.

Sources:

Claimant's Guide NPFCClaimantGuide.pdf

Responsible Party Claims Submission

The Judicial Panel on Multi District Litigation announced today that it has assigned U.S. District Judge Carl Barbier in New Orleans to preside over lawsuits related to the BP Oil Spill.

Upon careful consideration, however, we have settled upon the Eastern District of Louisiana as the most appropriate district for this litigation. Without discounting the spill's effects on other states, if there is a geographic and psychological "center of gravity" in this docket, then the Eastern District of Louisiana is closest to it. Considering all of the applicable factors, we have asked Judge Carl J. Barbier to serve as transferee judge. He has had a distinguished career as an attorney and now as a jurist. Moreover, during his twelve years on the bench, Judge Barbier has gained considerable MDL experience, and has been already actively managing dozens of cases in this docket. We have every confidence that he is well prepared to handle a litigation of this magnitude.

John G. Heyburn II, chief judge for the panel wrote in today's five-page decision.

Sources:

TRANSFER ORDER- IN RE: OIL SPILL BY THE OIL RIG "DEEPWATER HORIZON"
IN THE GULF OF MEXICO, ON APRIL 20, 2010 (MDL Docket No. 2179.) MDL-2179-Transfer_Order.pdf

BP established the Deepwater Horizon Oil Spill Trust to pay Damage claims owed by BP for claims resolved by the Gulf Coast Claims Facility (the "GCCF"), final judgments or settlement agreements that are resolved outside of the GCCF process and relate to the Oil Spill, natural resource damage costs (including assessment costs) pertaining to the Oil Spill ("NRD Claims") and state and local government response costs pertaining to the Oil Spill ("Government Response Costs")

Source:

DEEPWATER HORIZON OIL SPILL TRUST Trust Agreement.pdf

As BP prepares for a deluge of spill related lawsuits, contractual agreements with scientists hired to access the extent of the damage and provide expert testimony will be under close scrutiny. A July 29th letter written by the House Committee on Energy and Commerce Chairman Henry A. Waxman and Rep. Edward Markey to BP America Chairman Lamar McKay warns that "any effort to muzzle scientists or shield their findings" will not be tolerated.

Concerns over the transparency of scientific data and suppression of scientific testimony arose as a result of an investigation led by the House panel and recent media reports. Information alleging that BP has retained only those scientific experts agreeing to contractual confidentiality agreements led the Committee on Energy and Commerce to request timely access to "copies of all contracts that BP has executed with any third party consultant, scientist, or academic... relating to assessing the environmental and health impacts of the Deepwater Horizon oil spill or restoration efforts in the Gulf of Mexico".

BP's corporate influence on research has also come under recent inquiry. Last week, California congresswomen Lois Capps and Lynn Woolsey urged BP to allow the National Academy of Sciences to take over management of its Gulf of Mexico Research Initiative, citing the need for " a rigorous peer review process" of research proposals. UC Berkeley is currently engaged in a 10 year, $500 million dollar contract with BP's Gulf of Mexico Research Initiative and has received heated criticism from students and staff who feel the corporate influence of BP compromises research validity. BP spokesman Steve Rinehart responded to complaints that Initiative scientists are contractually prohibited from releasing their research findings for three years stating, "We have asked that they limit public discussion of the dealings they have directly with our attorneys ... or the projects directly done for BP. They are free to discuss environmental or other data."

Reminding McKay and BP that " the disaster in the Gulf of Mexico is not a private matter", the Committee's letter stressed the importance of " an open exchange of scientific data and analysis" for the full recovery and future development of the Gulf environment.

More information/Sources:

BP's scientific integrity is questioned

A copy of the Committee's letter to McKay McKay.BP.2010.7.29.pdf

Why no campus protest over Berkeley-BP connection?

BP recently promised to expedite business claims. Coincidentally, this offer comes at a time when many Gulf Coast business owners have completed the Oil Pollution Act presentment requirement and are now authorized to sue BP.

BP's Tuesday news released said changes are being made to reduce paperwork and expedite payments to "businesspeople who are suffering."

Under the Oil Pollution Act, there is a 90 day presentment requirement where the claimant is required to present the damages claim to BP prior to filing suit in court. Many disgruntled business owners who have met their presentment requirement and still haven't been adequately paid are considering hiring lawyers to file suit. Perhaps BP is trying to manipulate the situation.