Top Florida Republicans Gang Up on Federal Claims Administrator

In a letter to The Wall Street Journal on Thursday, Attorney General Bill McCollum explained his position and his concerns relating to claims procedures for the Deepwater Horizon blowout in the Gulf.

McCollum's missive preceded a letter from Senate President Jeff Atwater, who assailed federal administrator Kenneth Feinberg on many of the same grounds. Atwater also took issue with Feinberg's characterization that things look 'fabulous' in Florida.

Sunshine State News will have a roundup report on the partisan sniping in the wake of Thursday's latest blowout in the Gulf.

Meantime, here's an excerpt of McCollum's letter:

"I believe the claims process should be closer to, not looser than, federal law. Distinct from criticisms others may have, my advocacy for reducing needless litigation has led me to criticize Mr. Feinberg.

"When Congress enacted the Oil Pollution Act of 1990 (OPA), it intended to eliminate, to the extent possible, the need for seeking recourse through litigation. By deviating from the requirements of the OPA and using unnecessary concepts such as geographic proximity and proximate cause, Mr. Feinberg has created a process that promotes uncertainty in relation to the law.

"Claimants may feel that they have no choice but to hire a lawyer to navigate the process and ultimately to file a lawsuit when claims are unresolved. This needless complexity benefits only the trial bar.

"Despite repeated attempts to assist Mr. Feinberg in drafting a protocol that conforms to the OPA, my suggestions so far have been ignored. The result is a claims process that provides fewer protections and rights than those offered under the federal law. Such a result is harmful to the public and unacceptable as a matter of policy.

"A properly structured claims process that meets the requirements of the OPA will provide relief to those who have been injured in a more expeditious manner than lawsuits ever could."

Bill McCollum
Florida Attorney General
Tallahassee