[Congressional Record Volume 156, Number 172 (Tuesday, December 21, 2010)]
[Extensions of Remarks]
[Page E2220]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         INTRODUCTION OF THE ``OIL SPILL VICTIMS REDRESS ACT''

                                 ______
                                 

                         HON. EDWARD J. MARKEY

                            of massachusetts

                    in the house of representatives

                       Tuesday, December 21, 2010

  Mr. MARKEY of Massachusetts. Madam Speaker, the Oil Spill Victims 
Redress Act that I am introducing today with the gentlewoman from 
Florida, Ms. Castor, would help protect those Gulf Coast residents who 
have seen their livelihoods destroyed by the BP Deepwater Horizon oil 
spill.
  This legislation would clarify that people who have suffered economic 
harm as a result of the BP spill can seek to pursue claims from all of 
the companies involved in the disaster in state court. The companies 
involved in the spill, including Halliburton and Cameron, have argued 
that the Oil Pollution Act preempts state law and, as a result, that 
all state law claims brought by the victims of the spill should be 
dismissed or removed to federal court. Some of these companies, such as 
Halliburton and Cameron, have even argued that they should be exempt 
from all suits because they are not responsible parties as defined 
under the OPA.
  To be clear, the underlying statute, the Oil Pollution Act, already 
clearly provides for claims brought in state court and was not intended 
to preempt state law. The Act clearly states that ``nothing in this Act 
. . . shall affect, or be construed or interpreted to affect or modify 
in any way the obligations or liabilities of any person under . . . 
State law, including common law.''
  However, in light of the legal arguments proffered by the companies 
involved in this disaster, the legislation that we are introducing 
today would further clarify the ability of people to seek compensation 
in state court. We must ensure that we do not forget about the people 
of the Gulf who have had their lives destroyed by this disaster. We 
must ensure that all of the companies responsible for the worst oil 
spill in our nation's history are held accountable. And we must ensure 
that everyone who has suffered economic damages as a result of the BP 
oil spill is made whole.

                          ____________________