BP Blast Victims Seek $2 Billion, Attack `Lenient' Plea Deal

Victims of BP Plc's 2005 Texas refinery blast are seeking $2 billion after attacking a U.S. plea deal as ``shockingly lenient'' and successfully urging recusal of the judge in the case on claims of a conflict of interest.

The victims' lawyer said he will ask a new judge for the award on claims related to the blast instead of the $50 million provided for under the plea bargain. He argued in court papers filed in Houston yesterday that U.S. District Judge Gray Miller should remove himself since he worked for BP's law firm at the time of the explosion that killed 15 workers. Miller stepped aside a few hours later.

``BP has a prior history of terrible misconduct, and that ought to form the basis'' for increasing the fine to the federal maximum of twice the criminal proceeds, victims' lawyer David Perry said in an interview. The victims claim BP earned $1 billion from the plant in the 14 months before the blast.

BP agreed last month to plead guilty to exposing workers to toxic emissions during the Texas City explosion, trying to corner the propane-trading market and spilling 200,000 gallons of oil from corroded Alaskan pipelines. The plea bargain, with combined fines of $373 million, would end BP's federal criminal liability from the blast and the spills.

$50 Million

The $50 million portion of the fine related to the explosion allows BP, Europe's second-largest oil company, to retain profits made by running the plant without necessary safety improvements, workers said in their victim impact statement, filed in Houston federal court. Miller, who was to accept BP's plea Nov. 27, worked for Houston-based Fulbright & Jaworski before being appointed to the bench by U.S. President George W. Bush in 2006.

``The plea agreement proposed by the government and the defendant BP Products North America Inc. should be rejected as shockingly lenient and providing preferential treatment to BP,'' the workers said. The fine amount ``allows BP to retain more than 95 percent of the profit from its criminal conduct.''

The workers' complaint was submitted under a federal law that allows crime victims to file objections before sentencing. BP spokesman Neil Chapman declined to comment.

The explosion, which injured hundreds, occurred March 23, 2005, when an octane-boosting unit overflowed as it was being restarted following repairs. Gasoline vapors spewed into an inadequate vent system, igniting a blast that destroyed windows five miles away.
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