[Congressional Record Volume 157, Number 92 (Friday, June 24, 2011)]
[Extensions of Remarks]
[Page E1205]
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

                         Friday, June 24, 2011

  Mr. MARKEY. Mr. Speaker, more than one year after the Deepwater 
Horizon tragedy that ultimately led to more than 4 million barrels of 
oil spilling into the Gulf of Mexico, the Congress has yet to enact a 
single legislative reform to improve the safety of offshore drilling 
and protect the families of the Gulf region who had their livelihoods 
destroyed.
  Today, I am reintroducing legislation with the gentlelady from 
Florida, Ms. Castor, and the gentleman from Virginia, Mr. Connolly that 
would help protect those Gulf Coast residents who saw their livelihoods 
impacted by the BP oil spill.
  This legislation, the Oil Spill Victims Redress Act, would simply 
clarify that those who have suffered economic harm as a result of the 
spill can seek to pursue claims in state court from all of the 
companies involved. Some of the companies involved in the spill, 
including Haliburton and Cameron, have argued in court that the Oil 
Pollution Act preempts state law and, as a result, that state law 
claims brought by victims of the spill should be dismissed or removed 
to federal court. These companies have even argued that they should be 
exempt from all suits because they are not responsible parties as 
defined under the OPA.
  The Oil Pollution Act already clearly provides for claims to be 
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 being made by the companies 
involved in this disaster in an attempt to limit their liability, we 
are introducing this legislation today that would further reaffirm the 
ability of citizens to seek compensation for the economic impacts of 
the spill in state court. We must not forget about the people of the 
Gulf who had their livelihoods devastated by the spill. This 
legislation will help protect everyone in the Gulf who has suffered 
economic harm as a result of the Deepwater Horizon disaster.

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