US GULF: How much oil did BP spill? How much do they owe?

Why say "amount of oil 'lost'"?   Lost?  Who writes these headlines?  NY Times still hoping for advertising revenue from BP?

New York Times, September 29, 2013
In BP Trial, The Amount Of Oil Lost Is at Issue

The fines against BP hang in the balance, and depend on the level of negligence that is determined and how much oil was spilled.