Alabama Attorney General Luther Strange will be center stage on Feb. 27 in New Orleans, when the litigation against the various entities involved in the Deepwater Horizon oil spill is set to begin. Strange was appointed coordinating counsel by U.S. District Judge Carl Barbier and will lead the team of attorneys representing the plaintiffs in the case.
According to the Press-Register, Strange indicated that a settlement is still possible, and that discussions are ongoing with the defendants. However, he is also preparing to make opening arguments in the case next month, and has stated that he expects a rigorous trial that may not conclude until next fall.
“It is the biggest environmental case in the history of the United States, and certainly it will be one of the most important cases in the history of Alabama,” he said. “It’s incredibly complex, but we feel very confident heading into the trial.”
After talking office last year, Strange decided to not to hire outside counsel to represent Alabama’s interests at trial. “I just felt that we had the legal talent in house to handle it. If we’re successful, we’ll be able to keep all of the recovery (funds) for Alabama taxpayers,” he said.
What Can We Expect at Trial?
Should the case fail to settle, it will be a lengthy and complicated trial. Over 72 million pages of documents have been filed with the court so far, and more than 300 witnesses have been deposed. Given the number of legal and factual issues that must be addressed, the case is expected to be broken into three phases, as follows:
- The initial “incident phase” will examine the circumstances that caused the oil rig to explode and the role of each defendant in the subsequent disaster.
- The “source control” phase will examine the immediate responses of the defendants, including the length of time it took to contain the spill.
- The final phase will examine the cleanup process, including the use of chemical dispersants.
We will of course keep you updated as the trial unfolds.
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