Oil giant BP has lost its attempt to shift over $15 billion of costs related to the Gulf of Mexico oil spill onto contractor Transocean, increasing the possibility BP may have to foot the entire $42 billion clean up bill.
A U.S. federal judge said BP must uphold a clause in its contract with Transocean Ltd. that would shield the Swiss-based driller from compensatory damage claims related to the 2010 disaster.
That means London-based BP may have to shoulder alone compensation claims brought by the likes of fishermen and hoteliers whose livelihoods were affected by largest offshore oil spill in U.S. history.
However, U.S. District Judge Carl Barbier left open the possibility that Transocean might still have to pay all or part of any punitive damages and civil penalties imposed by the U.S. government. BP has estimated civil fines of around $3.5 billion but has made no provision for punitive damages because it says there is no legal basis for them.
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