It looks like the State of N.Y. is going after the small business men. Why go after the big oil co. that was responsible.
The State knows big oil has the money to fight them in court. It’s easier going after the small kid in the school yard.
This is insane: “Cuomo’s chief counsel, Steve Cohen, said neither Forsythe nor Wilder have provided details about their finances, as requested by the attorney general’s office several months ago.” WHAT IN THE WORLD DO THEIR FINANCES HAVE TO DO WITH THE LIABILITY TO PAY? IF THEY WERE WEALTHY WOULD THEY BE MORE LIABLE? Thank you democratic politicians for continuing to punish everyone of means. Thanks for checking first to see if they HAVE the means!!
Typical STUPID Spitzer, too busy slamming ho’s to actually find the proper defendant to sue for the actual cause of the damages. If I am responsible for OTHER parties’ irresponsibility, the legal system has totally changed? Why would NY not chase the actual deep pockets available and/or the insurer from that date? I KNOW the oil companies that MADE the mess have the funds to clean it up. Why would the STATE NOT have verified the underground tanks were properly removed WHEN the gas station was closed? That seems to be the real problem. NY did not do it’s job as a regulator and now wants another pocket to pay for their incompetence.
How exactly is an insurance agency “the owner or operator of a facility from which oil is discharged?”
Quoting the EPA, “Under the Oil Pollution Act of 1990, the owner or operator of a facility from which oil is discharged (also known as the responsible Party) is liable for the costs associated with the containment or cleanup of the spill and any damages resulting from the spill. The EPA’s first priority is to ensure that responsible parties pay to clean up their own oil releases. However, when the responsible party is unknown or refuses to pay, funds from the Oil Spill Liability Trust Fund can be used to cover removal costs or damages resulting from discharges of oil.
The primary source of revenue for the fund is a five-cents per barrel fee on imported and domestic oil. Collection of this fee ceased on December 31, 1994 due to a “sunset” provision in the law. Other revenue sources for the fund include interest on the fund, cost recovery from the parties responsible for the spills, and any fines or civil penalties collected. The Fund is administered by the U.S. Coast Guard’s National Pollution Funds Center (NPFC).
The Fund can provide up to $1 billion for any one oil pollution incident, including up to $500 million for the initiation of natural resource damage assessments and claims in connection with any single incident. The main uses of Fund expenditures are:
State access for removal actions;
Payments to Federal, state, and Indian tribe trustees to carry out natural resource damage assessments and restorations;
Payment of claims for uncompensated removal costs and damages; and
Research and development and other specific appropriations.
These crooks should be locked up the rest of their lives. The people of New York have had to pay hundreds of thousands of dollars for land they probably got for nothing because everybody knew it had oil buried there. Pay now of pay later … now it’s time to pay. These crazy profits these agents make on the backs of the working man are now going beck where they belong … to the PEOPLE!!
….that the environmental laws have changed dramatically over the time these gentlemen have owned this property. Obviously, if there had been a legal imperative for them to core test the land to detemine the level of contamination before purchase, it would’ve been done. How do we expect business people to stay in the game when the gov’t is constantly changing the rules? And to Bill–if insurance is sooooo profitable, why isn’t everyone clamoring to get into the industry?
We make lots of money? News to me. If you really want to blame someone for making money while standing on the backs of the people lets start with the lawyers and politicians.
If I recall right, unless a flat fee is agreed upon up-front, most lawyers take 10-30% of any money won in settlement as their fee.
And politicians live on money provided by the taxpayer’s (with large benefits for life generally) in addition to any private business they may own/operate.
Realist, You may be next. They could find a underground heating oil tank in your backyard. If they did not polute they should not have to pay. The state should go after the guilty parties.
Out today:
The property/casualty insurance industry suffered a $1.3 billion net loss after taxes for first-quarter 2009, which constitutes a $9.8 billion adverse swing from the industry’s $8.5 billion in net income after taxes in first-quarter 2008. And reflecting the swing to a net loss after taxes, the insurance industry’s annualized overall rate of return on average policyholders’ surplus dropped to negative 1.2 percent in first-quarter 2009 from positive 6.6 percent in first-quarter 2008.
I wonder if they can tell the age of the oil and oil drums that they pulled out of the ground. Maybe Forensics should be involved. If the material is older than 74, off the hook, otherwise, maybe someone is not telling the truth.
Don’t use the “I’m too stupid to pay” defense when they knew it was an old service station………
It looks like the State of N.Y. is going after the small business men. Why go after the big oil co. that was responsible.
The State knows big oil has the money to fight them in court. It’s easier going after the small kid in the school yard.
This is insane: “Cuomo’s chief counsel, Steve Cohen, said neither Forsythe nor Wilder have provided details about their finances, as requested by the attorney general’s office several months ago.” WHAT IN THE WORLD DO THEIR FINANCES HAVE TO DO WITH THE LIABILITY TO PAY? IF THEY WERE WEALTHY WOULD THEY BE MORE LIABLE? Thank you democratic politicians for continuing to punish everyone of means. Thanks for checking first to see if they HAVE the means!!
Typical STUPID Spitzer, too busy slamming ho’s to actually find the proper defendant to sue for the actual cause of the damages. If I am responsible for OTHER parties’ irresponsibility, the legal system has totally changed? Why would NY not chase the actual deep pockets available and/or the insurer from that date? I KNOW the oil companies that MADE the mess have the funds to clean it up. Why would the STATE NOT have verified the underground tanks were properly removed WHEN the gas station was closed? That seems to be the real problem. NY did not do it’s job as a regulator and now wants another pocket to pay for their incompetence.
Caveat emptor
… as the politicians in Albany spend many hours debating, “Why are businesses leaving New York?” …
How exactly is an insurance agency “the owner or operator of a facility from which oil is discharged?”
Quoting the EPA, “Under the Oil Pollution Act of 1990, the owner or operator of a facility from which oil is discharged (also known as the responsible Party) is liable for the costs associated with the containment or cleanup of the spill and any damages resulting from the spill. The EPA’s first priority is to ensure that responsible parties pay to clean up their own oil releases. However, when the responsible party is unknown or refuses to pay, funds from the Oil Spill Liability Trust Fund can be used to cover removal costs or damages resulting from discharges of oil.
The primary source of revenue for the fund is a five-cents per barrel fee on imported and domestic oil. Collection of this fee ceased on December 31, 1994 due to a “sunset” provision in the law. Other revenue sources for the fund include interest on the fund, cost recovery from the parties responsible for the spills, and any fines or civil penalties collected. The Fund is administered by the U.S. Coast Guard’s National Pollution Funds Center (NPFC).
The Fund can provide up to $1 billion for any one oil pollution incident, including up to $500 million for the initiation of natural resource damage assessments and claims in connection with any single incident. The main uses of Fund expenditures are:
State access for removal actions;
Payments to Federal, state, and Indian tribe trustees to carry out natural resource damage assessments and restorations;
Payment of claims for uncompensated removal costs and damages; and
Research and development and other specific appropriations.
These crooks should be locked up the rest of their lives. The people of New York have had to pay hundreds of thousands of dollars for land they probably got for nothing because everybody knew it had oil buried there. Pay now of pay later … now it’s time to pay. These crazy profits these agents make on the backs of the working man are now going beck where they belong … to the PEOPLE!!
Maybe they could use their contingency bonus to pay for the cleanup, oh yeah I forgot. Never mind.
Come on now, quit muddying up the water with pertinent facts. We all know this is George Bush’s fault!
….that the environmental laws have changed dramatically over the time these gentlemen have owned this property. Obviously, if there had been a legal imperative for them to core test the land to detemine the level of contamination before purchase, it would’ve been done. How do we expect business people to stay in the game when the gov’t is constantly changing the rules? And to Bill–if insurance is sooooo profitable, why isn’t everyone clamoring to get into the industry?
We make lots of money? News to me. If you really want to blame someone for making money while standing on the backs of the people lets start with the lawyers and politicians.
If I recall right, unless a flat fee is agreed upon up-front, most lawyers take 10-30% of any money won in settlement as their fee.
And politicians live on money provided by the taxpayer’s (with large benefits for life generally) in addition to any private business they may own/operate.
Bill, have you ever gone by the name “Rosie?”
Realist…how should they have known about a 1990 law when they purchased the property in 1974???? Get real.
Realist, You may be next. They could find a underground heating oil tank in your backyard. If they did not polute they should not have to pay. The state should go after the guilty parties.
Out today:
The property/casualty insurance industry suffered a $1.3 billion net loss after taxes for first-quarter 2009, which constitutes a $9.8 billion adverse swing from the industry’s $8.5 billion in net income after taxes in first-quarter 2008. And reflecting the swing to a net loss after taxes, the insurance industry’s annualized overall rate of return on average policyholders’ surplus dropped to negative 1.2 percent in first-quarter 2009 from positive 6.6 percent in first-quarter 2008.
I wonder if they can tell the age of the oil and oil drums that they pulled out of the ground. Maybe Forensics should be involved. If the material is older than 74, off the hook, otherwise, maybe someone is not telling the truth.
Flame bait.
The drums etc were surely associated with the prior gas station – I think it’s virtually certain that wasn’t part of the insurance agency’s operation.