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Environmental Law

Golden Gate University School of Law

2011

Offshore oil well drilling

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Full-Text Articles in Law

Restructure And Reform: Post-Bp Deepwater Horizon Proposals To Improve Oversight Of Offshore Oil And Gas Activities, Leila Monroe Oct 2011

Restructure And Reform: Post-Bp Deepwater Horizon Proposals To Improve Oversight Of Offshore Oil And Gas Activities, Leila Monroe

Golden Gate University Environmental Law Journal

This Article chronicles the multiple reviews that were conducted into the BP oil spill, in an attempt to understand the flaws in government management and oversight that allowed this disaster to occur. It endeavors to distill the key recommendations produced by numerous reviewers related to improving DOI’s management and oversight of offshore oil and gas exploration and development activities. Although they are also critically important topics, each with identified opportunities for improvement, it is not within the scope of this Article to provide an in-depth discussion of industry culture and practice, technological failures, oil spill response, or spill restoration.

Part …


A Regulatory Wake-Up Call: Lessons From Bp’S Deepwater Horizon Disaster, Rebecca M. Bratspies Oct 2011

A Regulatory Wake-Up Call: Lessons From Bp’S Deepwater Horizon Disaster, Rebecca M. Bratspies

Golden Gate University Environmental Law Journal

In learning from the BP disaster, there are two levels at which to understand what happened, and two kinds of lessons to draw: straightforward and complex. The straightforward lesson focuses on BP as a distinct entity, emphasizing the company’s culpability for its poor decisions. The complex lesson does not deny BP’s culpability but seeks to situate BP’s private actions within a broader regulatory context in order to identify systemic failures that contributed to the disaster.

This Article delves into both sets of lessons, concentrating more on the “complex” explanation, which involves recognizing gaps in the statutory scheme and conflicts in …