BP argues feds must turn over oil spill documents

BP is accusing the federal government of improperly withholding scientific documents that could show it overestimated the amount of oil that spewed into the Gulf of Mexico from the company’s blown-out Macondo well in 2010. Late Thursday, the oil company asked U.S. Magistrate Sally Shushan in New Orleans to order the government to turn over thousands of documents that “appear to relate to flow rate issues” and the work of scientists who served on the government’s “Flow Rate Technical Group” following the spill. Today Shushan gave the government until April 5 to reply to BP’s argument. She also ordered the parties to meet and try to reach an agreement on sharing documents. The government estimates 4.9 million barrels of oil spewed from the well off the coast of Louisiana, but the company says the technical group’s earlier estimates may have been lower. BP faces penalties based on how much oil spilled. BP argues the government cannot withhold more than 10,000 documents on flow-rate issues because they concern factual issues, not policy determinations. The government can’t invoke the “deliberative process” privilege to protect those documents, the company argues. BP claims the government’s 4.9 million barrel estimate, announced on Aug. 2, 2010, was the fourth official estimate released by the technical group. Its earlier estimates “suggested a lower measured flow rate,” the company says. On March 2, BP announced a multibillion-dollar settlement with plaintiffs’ attorneys representing more than 100,000 individuals and businesses that blame the spill for economic losses. But the deal doesn’t resolve the Justice Department’s claims against the company over the blowout.