While it's true that the federal Oil Pollution Act, enacted in 1990 in response to the Exxon Valdez spill in Alaska, makes BP responsible for cleanup costs, the law caps the company's liability for economic damages — such as lost wages, shortened fishing seasons or lagging tourism — at $75 million, a pittance compared to potential losses.
Administration officials insist BP will be held responsible anyway, noting that if the company is found negligent or criminally liable, the cap disappears. Claims also can potentially be made under other state or federal laws, officials said.
Yet the liability cap is problematic enough that a trio of Democratic senators introduced legislation Monday raising it to $10 billion, and the administration quickly announced its support. Sens. Robert Menendez and Frank Lautenberg of New Jersey and Bill Nelson of Florida voiced concerns that unless the cap is raised, BP would avoid paying for the mess and leave small businesses, local government and fishermen with the bill.
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