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State Leaders Unhappy with Feinberg's Performance

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Tallahassee, FL – The work in the Gulf of Mexico isn't over yet. While BP's blown-out well has been
capped, a lot of spewed oil has been lurking under the surface. Adding to the troubles, a rig belonging to a different company exploded this week about 200 miles west of the BP spill. The latest explosion happened in relatively shallow water and doesn't look to be as disastrous. Amid all this, calls for a special session are being rejected by state leaders. And as Gina Jordan reports, a lot of folks are upset with the new administrator charged with handling oil spill claims for BP.

Captain Bob Zales, who owns a charter business in Panama City, says the new claims facility that opened Aug. 23 isn't working.

"In the discussions that we had with Mr. Feinberg at the last meeting and
whatnot," Zales said, "I can tell you that what I understood and what I heard is not what's happening."

The Gulf Oil Spill Economic Recovery Task Force got an earful Wednesday about a claims process under independent administrator Ken Feinberg that has become practically impossible to navigate. Monroe County Commissioner Mario Di Gennaro says Feinberg's previous statements before the task force are not compatible with what's being carried out now.

"I'm horrified to hear that these people are still going to have to go through
this," Di Gennaro said. "We should send more than a letter. We should send a hard letter or we should let him know the facts that we are not happy, and we have protocols. It's all on tape, what he told us, what he spoke to us about. It's in black and white, and I say let's call him up to let him know that we are not happy. The knight in shining armor, his armor's not shining anymore for me. I am disappointed."

Those who previously filed claims with BP have to file again. Bill Stewart, Deputy Chief of Staff to the Attorney General, compared the daunting 18-page application to a tax return, saying it adds insult to injury.

"BP made some pretty expansive and broad comments about the relief that they
were going to provide to people on the Gulf Coast," said Stewart. "'We're going to pay all legitimate claims.' They've been paying very broadly legitimate claims, and then it seems as if there was a political handshake with the White House and now BP is finding political cover behind the Gulf Coast Claims Facility. And they're relying on Feinberg to set some criteria which are pretty onerous in restricting the amount of relief that people can receive. That's very
troubling."

Business owners say their claims are being denied because their business isn't directly on the beach or because there is no oil in their vicinity. Attorney General Bill McCollum blames Feinberg's interpretation of the federal Oil Pollution Act, which was supposed to help avoid litigation.

"And the concerns that I have personally about this," said McCollum, "and our team does is that with the uncertainty that's being presented here, you've got people in the restaurant and lodging industry particularly, but fishermen as well perhaps who are going to find a need or feel a need to go hire a lawyer."

McCollum has asked Feinberg to loosen his criteria for paying claims and plans to meet with him soon. Department of Children and Families Secretary George Sheldon wants Feinberg to testify again before the task force.

"I mean, I never thought I'd say this, but part of me would like BP back," said Sheldon. "And that's kind of a frustrating place to be. I think this whole issue of the burden of proof is probably one of the key pieces, and a lot of the mechanics, early on I can understand some of that. But we were led to believe this would be a much more smooth transition."

There have been calls for a special session on oil. But BP and the state in this case are operating under federal law, which state lawmakers can't change. And House Speaker Larry Cretul said Wednesday it appears there are no issues related to oil that require immediate legislative action. He said they would benefit from closer scrutiny during a regular legislative session.