Anchorage Daily News

Exxon Mobil has agreed to pay $383 million of the $507.5 million Exxon Valdez oil spill settlement ordered by the Supreme Court in June. David Oesting, lead lawyer for the 33,000 plaintiffs, negotiated the deal with the goal of getting some settlement money to his clients as soon as possible.

Well, good. While we agree with fisherman Frank Mullen's succinct response to the news -- "It's a damn small bone for an old, angry dog" -- some justice is better than none.

Plaintiffs could receive checks as early as October. As of Friday, it was unclear how much of the $383 million would go to plaintiffs after attorneys' fees.

Left unresolved is the question of $488 million in accumulated interest that plaintiffs claim is owed on the $507.5 million. Exxon disputes that claim, arguing that the high court set the $507.5 million as its total liability. Further, Exxon argues that if any interest is owed, the clock on it only started ticking in June, when the ruling came down, not in 1994, when an Anchorage jury returned the first verdict in the case.

The agreement also releases a $54 million payment to Exxon itself, reimbursement for an earlier settlement with Seattle fish processors. Oil prices have slipped lately. Maybe Exxon needs the money.

It's hard not to take the jaundiced view of this case.

That's because Exxon finds ways to fight for every dollar. Not only is the corporation bucking interest, it wants to knock $70 million off the Supreme Court figure. Exxon says that's the money it's had to put up over 12 years of appeals for a letter of credit that it would pay any final judgment. So it wants the plaintiffs to pay those costs out of their settlement.

Unbelievable.

Exxon argues that the plaintiffs lost their case before the Supreme Court because the punitive damages award was so severely slashed, from $5 billion to $507 million. The losers should bear its reasonable costs.

Unbelievable again. But that's Exxon.

Certainly Exxon won the battle of the bottom line.

Legally, however, the fishermen won. They will receive punitive damages. Too little and too long in coming, for sure, but still a favorable judgment. The winners shouldn't have to bear any of Exxon's costs along with their own. But they may have to go to court again over the $70 million.

That bone in October will buy groceries and gas. But any thought that this case would end with the Supreme Court's decision in June is a bitter joke. The 20th anniversary of the spill is seven months away. Think this case will be closed by then? Don't make book on it.

BOTTOM LINE: Good for the fishermen who have had the patience of Job, if indeed checks go out in October.

Who's up / Who's down

UP Sarah Palin: Guess why?

DOWN Andrew Halcro: Smartest kid in the class watches as most popular kid in the class goes to the head of the class.

UP Andrew Halcro's dentist: All that weeping and gnashing of teeth. How much is a crown these days?

DOWN Lyda Green: Alaska Senate president turns snippy as Sarah's star rises way, way over the Valley.

EVEN Dan Fagan: One of his favorite targets hits the big time, but that should help him cover plenty of air time.

DOWN Randy Ruedrich: State GOP chair not on speaking terms with the GOP's vice presidential nominee. Going to the convention, Randy? Keep a low profile.

EVEN Lt. Gov. Sean Parnell: No change for the candidate who put the lack in lackluster. Did his expression even change when he heard the news?

DOWN Trooper Mike Wooten: Better not so much as whisper any threats toward any Palins. Secret Service doesn't care about union rights or state personnel rules.

DOWN Obama for Alaska: Say goodbye to any hope of getting Alaska's three electoral votes. The southbound plane leaves at midnight.

UP Ted Stevens: For once, the top of the ticket has an Alaska Republican more popular than he is. Might help keep that Begich guy at bay.

UP Alaska oil companies: Their least favorite Republican now has to toe the national Republican line on oil: lotsa tax breaks and lotsa drilling.

DOWN Ethan Berkowitz and Mark Begich: Palin on the national ticket will counteract Obama buzz, bring out R's in droves on election day.

UP Alaskans: With our gov running for veep, Americans will quickly learn we don't all live in igloos.

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