Tech | February 10, 2012 | 3 comments

Judge rules BP's blemished safety record off limits in trial

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Plaintiffs in the lawsuit against BP over damages from the Gulf of Mexico oil spill won't be allowed to bring up the oil giant's spotty past safety record, including a major accident in Texas City, Texas, nor will they be allowed to use the contents of a series of reports on the causes of the Deepwater Horizon disaster, U.S. District Judge Carl Barbier ruled Thursday.

View full sizeU.S. Chemical Safety Board A 2005 explosion at BP's Texas City refinery killed 15 people and injured 180 others.

Barbier based his rulings largely on the length of time that would be added to the trial by either assuring information on which the reports were based followed federal evidence rules, or allowing BP and other defendants to contest the materials.

The rulings, requested by BP and other defendants in the lawsuit, cover materials that members of the Plaintiff Steering Committee and the federal government wanted to be considered during the first phase of the trial, which is scheduled to begin Feb. 27. The first chapter of what's expected to be a three-part court battle, called the "incident" phase, deals with the events leading up to the explosion of the Deepwater Horizon rig.

Excluded will be the comprehensive reports on the causes of the accident written by the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling in January 2011, by the commission's chief counsel in February 2011, and a marine casualty investigation report released in August 2011 by the Republic of the Marshall Islands maritime administrator. The Deepwater Horizon rig operated under the Marshall Islands flag.

Also excluded will be:

•A report by the U.S. Chemical Safety and Hazard Investigation Board on a 2005 explosion at BP's Texas City refinery that killed 15 people and injured 180 others;

•A 2007 deferred prosecution agreement between BP and the Department of Justice concerning an alleged conspiracy by BP to manipulate the market to increase the price of propane gas in February 2004.

•A fact sheet produced by the federal Occupational Safety and Health Administration describing BP's alleged failure to comply with a settlement agreement after the Texas City accident, and citations involving alleged safety violations during a 2009 inspection of that plant.
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