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BP Claim Discretionary Review of Appeal 2015-824: Claimant not excluded as government affiliate

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The following is a Discretionary Review Order issued by Judge Barbier pursuant to the Rules Governing Discretionary Court Review of Appeal Determinations. Judge Barbier’s rulings are binding on the Claims Administrator and the Appeal Panelists. Links may have been added to assist the reader. The original decision may be found here, as well as a glossary of BP Settlement terms.


IT IS ORDERED that the request for discretionary review is hereby GRANTED. The facts here do not establish sufficient control by the government such that this claimant should be considered an Affiliate (Sec. 38.3) and a Governmental Organization (Sec. 38.77) and thus excluded under Section 2.2.5 of the Settlement Agreement.

The state exercises some influence by virtue of the fact that the governor of the state appoints six members of the twenty five member board, but that is a significant minority of the entity’s governing board. The federal government funds this entity to a significant extent and places various conditions as prerequisites to that funding, but in this instance, those factors do not rise to the level of sufficient control so as to classify this entity as an Affiliate.

This claimant is not excluded as a Governmental Organization. The decision of the Appeal Panel is REVERSED. This claim is to be REMANDED to the Program for processing.

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