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
