CLAIM SUMMARY / DETERMINATION FORM

Claim Number N10036-1549

Claimant James Edward Moore II

Type of Claimant Private (US)

Type of Claim Loss of Profits and Impairment of Earnings Capacity and Subsistence Use

Amount Requested $500,000,000.00

FACTS 

On or about 20 April 2010, the Mobile Offshore Drilling Unit Deepwater Horizon (Deepwater 

Horizon) exploded and sank in the Gulf of Mexico. As a result of the explosion and sinking, oil 

was discharged. The Coast Guard designated the source of the discharge and identified BP as a 

responsible party (RP). BP accepted the designation and advertised its OPA claims process. On 

23 August 2010, the Gulf Coast Claims Facility (GCCF) began accepting and adjudicating 

certain individual and business claims on behalf of BP. 

CLAIM AND CLAIMANT

On 04 November 2011, James Edward Moore II (Claimant) presented an optional Oil Spill 

Liability Trust Fund (OSLTF) claim form seeking $50,000,000.00 in lost profits and earning 

capacity and $450,000,000.00 for a loss of subsistence use to the National Pollution Funds 

Center (NPFC) alleging damages resulting from the Deepwater Horizon oil spill. His total loss 

for both claims is $500,000,000.00. 

The Claimant alleges he invented a “revised top hat” to “prevent and minimize the oil” spill. 1

 

He faxed a drawing with four parts (1 door A, 2 door B, 3 door C, and 4 circle door hatch)2 to 

the Environmental Protection Agency which he refers to as a “revised top hat” 3 on 08 June 

2010.4

 The Claimant stated “no royalties or monies have been paid for my intellectual 

property.”5

 The Claimant provided no documentation to evidence a loss of subsistence use and 

does not address it in his claim besides designating $450,000,000.00 as subsistence use on the 

optional OSLTF claim form. 

APPLICABLE LAW 

Under the Oil Pollution Act of 1990 (OPA), at 33 U.S.C. § 2702(a), responsible parties are liable 

for removal costs and damages resulting from the discharge of oil into or upon the navigable 

waters or adjoining shorelines or the exclusive economic zone, as described in Section 2702(b) 

of OPA. 

Loss of Earning Capacity

The OSLTF which is administered by the NPFC, is available, pursuant to 33 U.S.C. § 2712(a)(4) 

and § 2713 and the OSLTF claims adjudication regulations at 33 C.F.R. Part 136, to pay claims 

for uncompensated damages. One type of damages available pursuant to 33 C.F.R. § 136.231 is 

a claim for loss of profits or impairment of earning capacity due to injury to or destruction of 

natural resources.

1 Optional OSLTF claim form undated. 

2 Unsolicited four part drawing faxed to the EPA 08 June 2010. 

3 Optional OSLTF claim form undated. 

4 Unsolicited fax cover letter sent to the EPA 08 June 2010. 

5 Optional OSLTF claim form undated. 

 
Under 33 C.F.R. § 136.233 a claimant must establish the following:

(a) That real or personal property or natural resources have been injured, 

destroyed, or lost.

(b) That the claimant’s income was reduced as a consequence of injury to, 

destruction of, or loss of property or natural resources, and the amount of that 

reduction.

(c) The amount of the claimant’s profits or earnings in comparable periods and

during the period when the claimed loss or impairment was suffered, as 

established by income tax returns, financial statements, and similar 

documents. In addition, comparative figures for profits or earnings for the 

same or similar activities outside of the area affected by the incident also must 

be established.

(d) Whether alternative employment or business was available and undertaken 

and, if so, the amount of income received. All income that a claimant 

received as a result of the incident must be clearly indicated and any saved 

overhead and other normal expenses not incurred as a result of the incident 

must be established. 

Under 33 C.F.R. § 136.105(a) and § 136.105(e)(6), the claimant bears the burden of providing to 

the NPFC, all evidence, information, and documentation deemed necessary by the Director, 

NPFC, to support the claim. 

Under 33 C.F.R. § 136.235, the amount of compensation allowable for a claim involving loss of 

profits or impairment of earning capacity is limited to the actual net reduction or loss of earnings 

or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments for-

(a) All income resulting from the incident;

(b) All income from alternative employment or business undertaken;

(c) Potential income from alternative employment or business not undertake, but 

reasonably available;

(d) Any saved overhead or normal expenses not incurred as a result of the 

incident; and

(e) State, local, and Federal taxes.

Loss of Subsistence Use

The claims regulations (33 C.F.R. §§136.219-223) provide additional requirements for lost 

subsistence use claims. Specifically, each claim for loss of subsistence use of natural resources 

must: 

(a) Be for lost subsistence use and submitted by an eligible claimant;

(b) Identify and describe the actual subsistence use of each specific natural resource for 

which compensation is being claimed;

(c) Describe how and to what extent the claimant’s subsistence use was affected by injury to 

or loss of each specific natural resource;

(d) Describe efforts to mitigate the subsistence use loss; and

(e) Be based on the reasonable cost to replace the lost subsistence use of natural resources.

DETERMINATION OF LOSS 

Claimant’s Submission to the OSLTF

To support his claim, the Claimant submitted: 
1) Optional OSLTF claim form undated

2) Two page drawing and itemized four parts of the “revised top hat” 6

3) Fax transmission receipt for two page fax sent to EPA 08 June 2010

4) Fax cover letter to Lisa P. Jackson dated 08 June 2010

5) Davison New Product Sample Agreement entered into 24 January 2011

Claimant seeks lost profits and impairment of earnings capacity in the amount of $50,000,000.00 

and lost subsistence use in the amount of $450,000,000.00 for a total claimed amount of 

$500,000,000.00.

Prior to presenting his claim to the NPFC, the Claimant filed an Emergency Advance Payment 

(EAP) for Removal/Cleanup with the GCCF in the amount of $500,000,000.00.

7 He was 

assigned Claimant ID #3407152. This claim was denied by the GCCF.

8 Additionally, Claimant 

filed an Interim claim with the GCCF with designations for Loss of Earnings and Profits in the 

amount of $500,000,000.00, Physical Injury for $0.00, Removal/Cleanup for 0.00, Real or 

Personal Property for 0.00, and Loss of Subsistence for 0.00.9 The Interim claim was denied by 

the GCCF.10

NPFC Determination

Under 33 U.S.C. § 2702(b)(2)(E) and 33 C.F.R. Part 136, a claimant must prove that any loss of 

income was due to injury or destruction or loss of real or personal property or a natural resource 

as a result of a discharge or substantial threat of a discharge of oil. Under 33 C.F.R. § 136.105(a) 

and § 136.105(e)(6), the claimant bears the burden of providing to the NPFC all evidence, 

information, and documentation deemed necessary by the Director, NPFC, to support the claim. 

The NPFC considered all the documentation submitted by the Claimant. 

Loss of Subsistence Use

Under 33 C.F.R. § 136.103(a), all claims for removal costs or damages must be presented first to 

the responsible party (RP). The Claimant presented an Interim claim; one designation of the 

claim was in the amount of $0.00 for loss of subsistence use to the GCCF.11 The Claimant then 

presented a claim for loss of subsistence use in the amount of $450,000,000.00 to the NPFC. 

Any claimed amount of damages exceeding $0.00 was not properly presented to the RP/GCCF 

pursuant to 33 C.F.R. § 136.103(a) and therefore, $450,000,000.00 is denied. 

Loss of Profits and Impairment of Earnings Capacity

The Oil Spill Liability Trust Fund (the Fund) is available to pay claims for uncompensated 

removal costs approved by the Federal On Scene Coordinator and consistent with the National 

Contingency Plan (NCP), and damage claims include: (1) damages for injury to, or economic 

losses resulting from the destruction of real or personal property recoverable by any person 

owning or leasing that property; (2) damages equal to the loss of profits or impairment of 

earnings capacity due to the injury, destruction, or loss of real or personal property or natural 

resources, which shall be recoverable by any claimant. 33 U.S.C. § 2702(b)(1) and (2)(B) and 

(E). 

6 Optional OSLTF claim form and four part design drawing and itemized list of four parts. 

7 Correspondence between NPFC staff and the GCCF 08 November 2011. 

8 Correspondence between NPFC staff and the GCCF 08 November 2011.

9 Correspondence between NPFC staff and the GCCF 08 November 2011. 10 Correspondence between NPFC staff and the GCCF 08 November 2011. 11 Correspondence between NPFC staff and the GCCF 08 November 2011.

 
Claimant’s asserted that he developed a cap for the Deepwater Horizon oil spill. 12 The Claimant 

asserted that he is owed money for his intellectual property13 although the asserted lost earnings 

associated with this submission are not an OPA compensable damage. Further, even if 

Claimant’s alleged damages were OPA-compensable, he has provided no detailed information on 

the associated costs or expenses with his designed cap nor the time period, computation of the 

earnings he should have received, or any financial documentation. Furthermore the Claimant has 

provided no documentation of a valid contract or evidence of use of his design with the 

responsible party, EPA, or any other interested parties involved with the Deepwater Horizon oil 

spill. 

For the reasons set forth above, this claim is denied.

Claim Supervisor: ____________________________

National Pollution Funds Division 

Date of Supervisor’s Review: 

Supervisor’s Actions: 

Supervisor’s Comments:

12 Optional OSLTF claim form undated. 13 Optional OSLTF claim form undated.