Alabama Gov. Robert Bentley addressed local officials and the media Tuesday afternoon to announce that the State of Alabama is entering into a “public-private partnership” to redevelop the Gulf State Park Convention Center and Lodge.

Before 2004, the beachfront property where the redevelopment is planned was the site of a convention center and lodge. But the previous convention center and lodge were damaged beyond repair by Hurricane Ivan, and  the building was demolished.

Similar efforts to use a “public-private partnership” to redevelop the Gulf Coast property have been struck down by the courts. It is uncertain whether this effort will succeed where others have failed.

Orange Beach, Alabama in 2010

Funding for the development will come from the Natural Resource Damage Assessment (NRDA) Early Restoration process. BP’s funding of NRDA early restoration projects came about after negotiations between BP and the Gulf Coast states and federal government. It is considered part of an effort to help the states recover from BP’s Deepwater Horizon explosion and oil spill.

The project had to be approved by both BP and the NRDA trustees. Approximately $85.5 million in NRDA funding is allocated for Gulf State Park enhancements.

It’s BP Public Relations money, says one attorney.

“In other words,” said Birmingham, AL attorney Michael J. Evans, “this money was part of the same BP public relations money that paid $15 million for a series of concerts designed to “lure tourists back to the beach.“

“It’s some of that BP PR money like the $551,000 that BP spent to bring 6 travel writers to Pensacola to  ”get the word out that Florida’s beaches are open for business.”  ”In fact,” said Evans, “it’s even less than the $93 million BP spent on ads vowing to “clean up and restore the Gulf Coast.“

“People in Alabama should never be fooled by BP again,’ said Evans. “BP says one thing in television ads and then does the opposite. They said they would pay all legitimate claims arising from the oil spill, and they settled a class action in which they agreed to do that. But as soon as the class action was approved, BP began trying to renege on an agreement to pay economic losses suffered by businesses and nonprofits located anywhere in the state of Alabama.”

“Because BP failed to mail class action notices to the vast majority of North Alabama businesses, most businesses and nonprofits in North Alabama still don’t know they may be eligible for payments from the class action settlement that was intended to get businesses throughout the state back on sound financial footing after the 2010 BP oil spill,” said Evans.

“The really serious money, billions of dollars, is still being fought over in federal court in New Orleans,” said Evans. “And BP is using every legal tactic in the book to avoid paying the full amount it owes the State of Alabama, its residents, businesses and charities.”

No BP Settlement funds will be used, says Bentley

Bentley said the money to redevelop the lodge is not part of a BP settlement of the State’s lawsuit seeking damages from the BP Deepwater Horizon oil spill.

“It’s important to remember that this is only the early restoration from the spill and that recovery is a long-term process,” Bentley said. “The assessments are not over and we’ll continue to hold BP accountable for what happened.”

States still pursuing BP claims in court

The states of Alabama, Louisiana, Florida and Mississippi are all asserting BP claims in lawsuits seeking to hold BP responsible for billions of dollars of damages caused by the Deepwater Horizon oil spill. Alabama and Louisiana joined the federal government in filing a BP lawsuit that has already been partially tried in federal court in New Orleans.

The first phase of the state’s BP oil spill trial ended April 17, 2013. The purpose of the first phase of the trial was to fix blame for the Deepwater Horizon explosion and determine the level of negligence involved. Findings on those issues could come as early as July. The court’s findings on BP’s degree of fault in causing the 2010 Deepwater Horizon explosion and oil spill could greatly affect the amount of the BP claims that Alabama and the other states and federal governments collect from BP. A finding on liability could also encourage a BP settlement with the states.

Some local residents and environmentalists use social media to protest development

Some environmentalists are protesting the building of a convention center on the property. For example, there are Facebook pages such as Alabama Coast United. One local activist who opposes the new Convention Center made the following posts on Facebook today:

BP Oil still washing up on Orange Beach,Al. beaches too ,Gulf Coast Beaches still seeing oiling & massive fish kills ,but a hotel & Convention Center are far more important than cleaning up and Restoring the beaches and watershttp://alerts.skytruth.org/report/ae4b530a-2c9a-33f0-81cc-a735c5f8#c=stae

Massive fish kills along the Alabama Gulf Coast and the Eastern shore of Mobile Bay and instead of using the $85.5 million in NRDA money to actually clean up and RESTORE the waters , our IDIOT GOVERNOR AND STATE LEGISLATURE THINKS THEY ARE GONNA GET AWAY WITH WASTING IT ON A BEACH FRONT HOTEL & CONVENTION CENTER !!

Facebook post by Alabama environmental activist protesting development of Convention Center

Three years have passed since BP’s Deepwater Horizon drilling rig exploded, killing 11 men and creating an oil spill that fouled the Gulf. Meanwhile, residents, many businesses, and the states are still waiting on BP to deliver on its TV ads and “make things right.”

The hopes of many Gulf Coast residents now rest with Judge Carl Barbier, the New Orleans federal judge who presides over Alabama’s BP lawsuit, and who will determine how much money BP will pay to clean up the Gulf Coast and, possibly, punish BP for causing one of the worst environment disasters of the century.

A BP Settlement News article published May 9, 2013 takes a look at how much more generous the BP Settlement process is for nonprofits now that the oil spill class action settlement governs BP claims.

The article covers the experiences of a New Orleans Art Museum which had filed a BP claim when Kenneth Feinberg was administering the Gulf Coast Claims Facility (GCCF). The GCCF flatly turned down the museum’s claim. After the settlement was approved, the museum hired an attorney to help them file a claim (the new BP claims process can be complicated). What was the response to the museum’s new claim?  A $600,000 BP Settlement check.

The lawyer who filed a new BP claim for the museum, Zachary Wool, explained:

“First, there’s the question of, “Was your loss caused by the spill?’” he says. “That has now been replaced with this objective formula based on gross revenue. And you either meet that test or you don’t. Or in some cases, for tourism businesses and seafood businesses, depending on where they’re located, any loss you have is automatically presumed to be caused by the spill, and you get to get past this step.”

“Most businesses have an uneven cash flow, and that’s especially true for nonprofits, because they usually receive the bulk of their money in large donations, and those come at different times of the year.”

“And so because the settlement is flexible—and these are the terms that BP agreed to,” he continues, “nonprofits really have an optimal chance to maximize their recovery, because they might have a large donation in May 2009, and then no donations in May 2010, and by using May in the calculation therefore have a large claim.”

New Initiative to Help Alabama Businesses and Nonprofits

Today, two leading Alabama law firms, Yearout & Traylor, P.C. and Gathings Law have announced their firms have launched a new initiative to help secure BP claims checks for businesses and nonprofits affected by the BP oil spill. Many businesses and nonprofit organizations remain unaware of their eligibility for compensation under the terms of the Deepwater Horizon oil spill settlement which a federal judge finally approved December 21, 2012, say attorneys for the two law firms.

The December 21, 2012 approval of the BP settlement was a game changer for those with BP Claims

Attorney Gusty Yearout pointed to the refusal to pay the art museum before the settlement, and contrasted that with the BP settlement check for $600,000 after the BP Settlement. “That is the sort of difference we are seeing under the new BP settlement, and we want to inform the public about it,” said Attorney Gusty Yearout.

“Businesses and nonprofit organizations all over Alabama, western Florida, Mississippi, and Louisiana are eligible to collect money from the BP oil spill settlement,” says Yearout. “But most of them don’t know they’re eligible to file a BP claim. The BP claims process is also quite complicated.”

“Businesses owners and nonprofit organizations can obtain a free legal evaluation of their BP claim,” adds Yearout. “Both our law firms offer free BP claims evaluations to businesses all over Alabama and western Florida. Even those located far from the coast. If a business is owed money from the Deepwater Horizon Oil Spill Settlement Fund we’ll do the work needed to get those businesses paid. They don’t have to pay us any legal fees, because the settlement fund will cover that.”

“There’s absolutely no cost to businesses or nonprofits contacting us, and we may be able to help them collect a substantial cash settlement,” he says.

Yearout notes he and attorney Lloyd Gathings both have over thirty years of experience representing people and businesses in class action lawsuits. “Class actions are complicated. Most people never know they are members of a class action lawsuit until they get a thin envelope in the mail containing a class action notice.”

BP Claims Social Media Campaign Launched

Yearout and Gathings have recently added the Law Offices of Michael J. Evans to their team. Michael J. Evans, owner of the law firm, has experience both in class action lawsuits and in helping lawyers use the Internet to communicate with clients and prospective clients.

Evans has launched a new BP Settlement News website providing updates about changes in the BP claims process.

Evans has also started a social media campaign by creating a BP Settlement Help Facebook page and two Twitter accounts, @BPBusinessClaim and @BPOilNews. “Most people use Facebook now, so we wanted to make it easy for people who are already on Facebook to click over to our BP Settlement Help Facebook Page and get information about the settlement. They can view videos of attorneys explaining the BP claims process at the BP Settlement Help YouTube channel.

Unfortunately, many business owners eligible for a part of the BP settlement do not seem to have received one,” Yearout says.

BP’s secret maneuvers to avoid paying valid BP claims have failed, according to an exclusive article tonight from WWL TV in New Orleans.

WWL first broke the story just days ago, telling of BP’s efforts to avoid paying BP claims to people in the construction, farming and professional service businesses.

BP settlement had “unofficial stay,” according to WWL. TV

WWL has previously reported that BP filed a motion asking U.S. District Judge Carl Barboer  to order the BP claims administrator, Patrick Juneau, to stop paying claims to accountants, farmers, lawyers and construction companies. BP argued that such businesses have “fluctuating profits” during the year, so they should not get BP claims paid using the same formula that applies to other businesses in the BP settlement.

BP settlement administrator stopped paying certain BP claims without Court approval

Judge Barbier denied BP’s motion on January 30, 2013, and BP moved to reconsider the motion. While the motion to reconsider was pending, Patrick Juneau, the BP claims administrator, stopped paying the claims filed by farmers, construction companies and other..

Juneau’s suspension of BP claim payments was not approved by the court, and was not documented anywhere in the court record. WWL TV was able to uncover the story by obtaining emails.

BP made no objection to such claims before the BP settlement was submitted to the Court. But when large numbers of BP claims began to be filed by those types of businesses, BP began looking for a way to limit BP claims payments tot those businesses.

Deepwater Horizon Settlement Judge denies BP claims asserted in its motion

U.S. District Judge Carl Barbier ruled against BP on January 30, 2013. BP followed up with a motion to reconsider the ruling. And even though Judge Barbier did not authorize the administrator, Juneaue, to stop paying BP claims, Juneau made a decision on his own to stop paying claims of accountants, farmers, lawyers and construction companies.

Juneau stopped paying these categories of BP claims even though the judge did not authorize Juneau to suspend BP claims for any businesses.

Perhaps the most unseemly thing about the affair was that none of these facts appear in the court record. WWL TV’s investigative journalism reported February 28, 2014, that “BP’s challenges and the judge’s rulings have all been done over email, and not in the open court record.”

In its most recent article, WWL reported:

A federal judge has made a final ruling against BP denying its request to change the way certain business loss claims are handled in its multibillion-dollar settlement with private victims of the 2010 Gulf oil spill.

WWL’s latest article reported:

BP tried to argue that because these industries have fluctuating profits at different times of year, they could show big losses from certain months in 2007, 2008, and 2009 as compared with the same months of 2010, even if they earned big profits in other parts of 2010. The company tried to say that these industries have “comparable” business in different months from one year to the next, and therefore those are the months that should be used to calculate loss.

But Barbier pointed out emails by BP’s own lawyer, Rick Godfrey, in which Godfrey explicitly agreed that the same months should be used to compare revenues before 2010 to revenues in the year of the spill.

Barbier made it clear that these types of claims should get the same calculation formulas as all the others. The ruling means these types of claims now must be paid the same way Juneau had been paying them — and without implementing any new tests to determine if fluctuating profits were really due to the spill or driven by some other economic conditions. (emphasis added)BP tried to argue that because these industries have fluctuating profits at different times of year, they could show big losses from certain months in 2007, 2008, and 2009 as compared with the same months of 2010, even if they earned big profits in other parts of 2010. The company tried to say that these industries have “comparable” business in different months from one year to the next, and therefore those are the months that should be used to calculate loss.

But Barbier pointed out emails by BP’s own lawyer, Rick Godfrey, in which Godfrey explicitly agreed that the same months should be used to compare revenues before 2010 to revenues in the year of the spill.

Barbier made it clear that these types of claims should get the same calculation formulas as all the others. The ruling means these types of claims now must be paid the same way Juneau had been paying them — and without implementing any new tests to determine if fluctuating profits were really due to the spill or driven by some other economic conditions.

BP settlement bottom line: what, if anything, does this mean for my business?

It means a lot if you are an accountant, farmer, lawyer or construction company owner. The BP settlement was set up so that no business would have to offer direct proof that its business was hurt by the BP oil spill.

Instead, the settlement set up “Zones” for paying businesses. When you move a few miles inland from the Gulf of Mexico, you find that the rest of the state of Alabama, all the way to the Tennessee line, is in a zone. The zone also extends down the western coast of Florida to Key West.

Here is the effect of Judge Barbier’s ruling: ANY business in ANY industry (including accountants, lawyers, farmers and construction companies) may be entitled to a large BP claim payment simply by showing a gross revenue decrease during 3 consecutive months during a certain period in 2010 (during the oil spill) and then showing a 10% uptick during the same 3 month period in 2011.

In other words, your business may be entitled to a substantial payment from the BP settlement even without proof that BP caused your decreased revenues.

In fact, you may not believe that the BP oil spill had anything to do with your decreased 2010 revenues. But the settlement that BP voluntarily entered into recognized that the entire Southeast  was hit by economic devastation due to the BP Deepwater Horizon oil spill. So when BP’s lawyers negotiated a settlement, it agreed to pay all businesses in Alabama with certain gross revenue decreases in 2010, and increases in 2011, without the business being able to provide a shred of proof that the oil spill was the cause of its business problems.

Apparently, after the settlement was signed, someone at BP woke up and said, “wait a minutes. These cyclical businesses such as construction companies, farmers, accountants and attorneys may collect money from the BP settlement even though the oil spill had nothing to do with the fluctuation in revenues.

Judge Barbier’s recent ruling basically tells BP: “Tough. You should have thought of that before you ruined the economy of the Southeast and before You signed the settlement agreement.”

Updated April 29, 2013

BP has filed motions twice asking Judge Barbier to rule that the BP Settlement Administrator, Patrick Juneau, is misconstruing the BP Deepwater Horizon Settlement Agreement. Judge Barbier has ruled against BP twice. BP has also filed a separate lawsuit seeking an injunction against Juneau’s payments of certain BP business claims. BP has also asked the United States Court of Appeals for the Fifth Circuit to stop the BP Settlement Administrator to accelerate BP’s appeal and order the BP Settlement Administrator to stop paying certain claims until the appeal is decided. The Appeals Court agreed to an expedited appeal, but denied BP’s request to order Patrick Juneau to stop paying BP claims. See Reuters’ April 23, 2013 article re: BP claims.

Here’s a video explaining how you can file a BP claim in the BP settlement.

Attorney Advertising

For 33 years I’ve advised my clients that, if it sounds too good to be true, then it probably isn’t true. I’ve handled a lot of class actions, and the BP Settlement is the third class action I’ve seen in 33 years that that sounds too good to be true, but it really is true. If it wasn’t true, neither I nor the lawyers working with me would handle your case without charging a fee unless we collect  If your business meets the revenue tests, you really do have the opportunity for a potentially large payment of money from the BP settlement that you never expected.

As you cam tell from the reporting of WWL TV, BP will go to virtually any lengths to avoid paying claims it has already agreed to pay. You need a team of experienced litigation attorneys and forensic accountants handling the details for you.

If you operate a business anywhere in the state of Alabama and have a decline in gross revenues during the BP oil spill (May-December 2010), and an increase in revenues in 2011, your business may be entitled to a substantial BP claim payment.

This include ALL businesses described below:

• Any and all types of businesses. You may own a piano store, a funeral parlor, a construction company, or a paint and body shop.. It doesn’t matter. Under the terms of the settlement, BP claims may be filed by any business which meets the revenue tests:
• Businesses Located ANYWHERE in Alabama. Some people are under the impression that the settlement only applies to businesses near the Gulf Coast. Nothing could be farther from the truth. The entire state of Alabama is in a settlement zone that allows and and all businesses to file claims if they meet the revenue tests.
• Businesses without evidence that the BP oil spill caused your decrease in gross revenues. You may even have reason to believe that Bp did not cause your reduced revenues. Those things don’t matter. If your business meets the revenue tests, you are entitled to file a BP claim and collect money from the BP settlement.

Our Birmingham law firms (Yearout & Traylor, Gathings Law and The Law Offices of Michael J. Evans) have joined forces to represent ALL types of Alabama businesses located ANYWHERE in the state of Alabama. We’ve hired forensic accountants who understand the revenue tests of the BP settlement, and we will take the burden of filing a BP claim off your back and push your claim to the greatest extent possible.

What’s it going to cost for you to hire these lawyers, you’re asking.

Absolutely nothing, unless we collect money for you. Unlike many business attorneys, we do not charge by the hour. Your initial consultation with us is free and you are under no obligation to retain our law firms. If we believe you have a valid BP claim, and you want to hire us, we’ll sign a contract that clearly states we won’t be paid unless we collect money for your business.

And here’s one of the best parts. The settlement allows businesses with lawyers to collect an extra 25%, and that is what we collect as our fee. We don’t take our fee out of your BP settlement money.

How much money could your business be entitled to collect? Don’t let your BP money go unclaimed.

When you use our Free BP Claims Evaluation Form or call us toll free at  (877) 803-3006 or (855) 348-7529, you will talk with one of our experienced litigation attorneys. If no attorney is available at the time your call or submit your form, one of our staff people with call to schedule an appointment to talk with one of our lawyers.

What have you got to lose?

Don’t run the risk that your competitor down the street will be bragging about his large BP settlement payment while you left your money unclaimed. Contact us now, without delay.

This article and this advertisement were written by Birmingham, AL attorney Michael J. Evans, who is responsible for the contents of both the article and ad. No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed.

Related Posts:

BP settlement approved December 21, 2012. Do you have a BP claim?

BP settlement news for Alabama businesses: Many can get BP Settlement cash

The BP Settlement Help YouTube Playlist has a new video of attorneys Gusty Yearout and Lloyd Gathings explaining the BP claims process. They also explain how you can get free professional help to find out if BP owes you money, and free professional help to file your BP claim to collect your money. The new video is posted below.

BP Claims Video

Summary of the BP claims video and other important BP settlement information

The BP claims process is explained in this video by attorneys Gusty Yearout (800-226-6116) and Lloyd Gathings (877-803-3006). The BP settlement provides money to businesses all over Alabama, West Florida, MS and LA if they file the proper BP claims forms and business records showing that gross revenues declined-for any reason-during certain months in 2010, and recovered a certain amount in 2011 (it’s a little more technical than that, but that’s what  we’re here for).

Yearout and Gathings explain the complexities of filing BP claims, and explain how you can get free legal representation to file your BP claim in BP’s Deepwater Horizon oil spill settlement. See more at BP-Settlement-Help.org. Yearout’s and Gathings’ law firm websites are at Yearout.net and GathingsLaw.com.

BP Claims – Free Review

You can get a free BP claims review from the attorneys at Yearout & Traylor, P.C. and Gathings Law, P.C. by using the form in the right margin of this page, or by using our Free BP Claims Evaluation form.

The BP oil spill devastated the economies of Alabama, western Florida, MS and LA. Businesses located anywhere in those areas may be able to collect money from the BP settlement. Contact us to find out if you’re owed money from the BP Settlement. Our services are free to you, and if we handle the BP claims process for you, our fees will be paid from the BP settlement. There is no cost or risk to you.

 BP Settlement Help and BPOilNews.com are sponsored by law firms

Attorney advertising disclaimer: No representation is made that the quality of legal services to be performed is greater than the quality of legal services performed by other lawyers. The hiring of a law firm is a serious decision that should not be based on advertising alone.

(Opinion post by Michael J. Evans, publisher of BPOilnews.com)

So, BP signed a Deepwater Horizon oil spill settlement agreement last fall to avoid having to let a Louisiana jury decide how much damage had been caused by the Deepwater Horizon oil spill. At the time of the BP settlement, BP said it was ready to pay any business in Alabama, Mississippi, Louisiana, and much of Florida if that business lost money during the BP oil spill in 2010. without the business having to prove that the BP oil spill caused the businesses losses. BP agreed to pay businesses even if the businesses couldn’t prove that the oil spill caused their lost profit. BP and its lawyers new that the BP oil spill devastated the economies of the Gulf Coast states, and harmed businesses that were hundreds of miles from the Gulf Coast, even if those businesses couldn’t prove it.

To avoid a public trial with proof of its negligently caused oil spill, BP and its legion of lawyers signed off on a settlement agreement that allows the use of a revenue formula to pay any business in Alabama which meets certain requirements, primarily involving lower revenues for at least 3 months during the Deepwater Horizon oil spill (May-December 2010)

But  as soon as the ink dried on the court order approving the BP oil spill settlement last December, BP began filing frivolous motions that basically asked the Court to rewrite the BP settlement agreement so BP could avoid paying valid claims.

Even though BP has already lost its arguments twice, it’s now recycling the same arguments, this time with more publicity. It’s just an effort to deter and delay the filing of valid business claims in the BP settlement approved by New Orleans federal judge Carl Barbier last December. The latest court filing by BP are a continuation of BP’s efforts to put its own bottom line ahead of the economic well-being of the businesses in the Gulf Coast states.

BP Settlement Includes All Alabama Businesses, Located Anywhere in the State, Even If The Business Doesn’t Have Direct Proof That Lost Revenues in 2010 Were Caused by the BP Oil Spill

All businesses in the state of Alabama were included as class members in the BP settlement agreement signed by BP last fall. (Full disclosure, I represent businesses across Alabama that are filing BP claims. I also publish this blog, which began covering the BP oil spill disaster in May 2010.)

BP Settlement Claims – Free Legal Evaluation – Click here

The BP settlement agreement said that any business, located anywhere in Alabama, could collect settlement payments if they met certain qualifications (primarily involving lower business revenues in 2010). The settlement also said businesses could collect on BP claims without having to file a BP lawsuit. But BP has been tying up the judicial system with frivolous court filings trying to delay or avoid paying valid business claims from the BP settlement.

Many businesses have been waiting on BP settlement checks for almost 3 years.

BP first made its arguments in a motion filed in the class action lawsuit in federal court in New Orleans. The judge denied the motion. BP then filed a motion to reconsider the ruling, but it was denied.

Then, on March 15, BP recycled the arguments into a new lawsuit filed in federal court in New Orleans. Although BP;s lawsuit is based on the same frivolous arguments, BP has shown throughout the entire BP oil spill disaster that it will delay paying what it owes for as long as it can.

BP has complete disdain for the businesses and residents of the Gulf Coast states. BP may be willing to pay lawyers to file motions and lawsuits to delay payments, but ultimately the day of reckoning for BP will come.

I’m still accepting new Alabama business clients with BP claims. Alabama businesses can get a free legal evaluation of BP Settlement Claims by filling out the free BP Claims Evaluation Form at BPOilNews.com.

BP Settlement Filings Condemned by Alabama Attorney General Luther Strange

According to a March 21, 2013 article on Al.com, Alabama Attorney General has condemned BP’s recent court filings seeking to deny or delay BP claims. The Al.com article states:

Strange said BP agreed to the terms of Juneau’s settlement process in a court document signed by the company in February 2012.

“A legion of BP attorneys wrote and negotiated the terms of that agreement,” Strange said. “But now, BP is objecting to the terms of the agreement it signed.”

Strange said the challenge “is consistent with BP’s past behavior.”

“At the same time BP lauds its efforts for restoring the Gulf in the media, it blames others in court for its own mistakes to avoid responsibility for its own conduct,” he said.

“As usual, BP is wrong. If BP underestimated the amount of damage it inflicted upon the Gulf, that is BP’s problem—not the victims’. BP cannot undo a settlement it wrote and signed, just to avoid its consequences. The courts should not allow it.”

Luther Strange should be commended for his strong stance in favor of the BP settlement and the ability of Alabama businesses to collect BP claims as provided in the Deepwater Horizon settlement agreement.