Anchorage Daily News

HOUSTON — Federal prosecutors violated the rights of victims of a deadly 2005 explosion at a BP plant when they didn’t consult them about a plea agreement to settle criminal conduct in connection with the blast, a federal appeals court has ruled.

But the 5th U.S. Circuit Court of Appeals did not block the much-criticized plea deal, instead sending the case back to a Houston judge and asking that she fully consider the victims’ objections before deciding whether to accept the agreement.

“We are confident that when those objections are considered, this sweetheart plea bargain will be ultimately rejected,” David Perry, an attorney for blast victims, said in a statement.

U.S. Attorney Don DeGabrielle in Houston said his office was ready to proceed with the case.

“We are, however, disappointed­ by the appellate court’s criticism of the government’s good faith reliance upon a court’s order approving our approach to meet” obligations to consult blast victims about the plea agreement, he said in a statement.

BP spokesman Neil Chapman declined to comment.

The plea deal, which has a BP subsidiary pleading guilty to a violation of the Clean Air Act, includes a $50 million fine and sentences the oil giant to three years’ probation for its role in the blast.

BP formally entered its guilty plea during a February court hearing, but a decision on the deal’s fate was pending before U.S. District Judge Lee Rosenthal when blast victims appealed the case.

The explosion, which killed 15 people and injured more than 170, occurred in Texas City, about 40 miles southeast of Houston. Prosecutors and BP have defended the plea agreement, saying it’s the harshest option available in assessing criminal punishment for the blast. A congressional committee is investigating the deal.

Family members of those killed and workers injured by the blast say the fine is insufficient. They argue federal sentencing laws allow the fine to be as high as $3.2 billion.

They also say the plea deal doesn’t provide for an independent watchdog to monitor whether BP would meet its safety obligations at the refinery.

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