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Last Updated : Thursday, September 09, 2010 Regulatory Affairs
Preventing Another Deepwater Disaster
The Independent Institute
India
William F Shughart II




Wednesday, July 21, 2010
BP is to blame for the oil spill, but so is the Interior department's minerals management service. Many factors like ownership, federal law limiting liability, wrong calculations by MMS computer models and federal laws forcing to drill in ultra-deep waters contributed to the disaster. The Government went wrong in handling the disaster. But, the solution is not more regulation, but creating proper incentives, writes William F. Shughart II in The Independent Institute.

The tragic April 20 explosion that destroyed BP’s Deepwater Horizon oil platform in the Gulf of Mexico, killing 11 crew members, didn’t happen in a vacuum.

BP clearly is culpable. And the Interior Department’s Minerals Management Service, now known as the Bureau of Ocean Energy Management, Regulation and Enforcement, shares in the blame, for failing to exercise proper oversight.

Many other factors also contributed to the accident, however.

First among them is the important issue of ownership. BP did not own the Deepwater Horizon, but leased it from another company, Transocean. The contractual relationship between Transocean and BP created a classic “principal-agent” problem in which the duties and responsibilities of the lessor, or owner, and lessee, the renter, may not have been spelled out adequately.

...

Ownership does matter. BP may have been more safety-conscious if it held title to the Deepwater Horizon.

...

A second contributor to the disaster is the federal law limiting liability for damages caused by offshore oil spills. Although the $75 million limit can be waived in cases of proven gross negligence (and likely will be in this case), BP probably would have been far more cautious from the beginning if it knew that a major blowout could cost the company billions rather than millions.

...

Third, BP may have been misled in calculating its exposure to risk by MMS computer models that predict the likely path of large-scale oil spills in the Gulf of Mexico.

...

Fourth, BP and other oil companies have been forced to drill in ultra-deep waters as a result of federal laws and White House and court rulings that limit access to oil reserves in shallower waters and on federally owned land in the continental United States. When blowouts occur on dry land, or in shallower waters, they are relatively easy to cap.

All of these factors may have contributed to the disaster.

But the icing on the cake has been the federal government’s muddled, inept and counterproductive response.

...

More regulation will not necessarily work any better than existing regulation. What will work is getting the incentives right—through clearly defined ownership, responsibility and liability—and exploiting proven oil reserves onshore and in shallow waters offshore.

This article was published in the The Independent Institute on Wednesday, July 21, 2010. Please read the original article here.
Author : William F Shughart II is a Senior Fellow at The Independent Institute, Frederick AP Barnard Distinguished Professor of Economics at the University of Mississippi, and editor of the Independent Institute book, Taxing Choice: The Predatory Politics of Fiscal Discrimination.





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