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Full-Text Articles in Law
What Can We Learn From The 2010 Bp Oil Spill?: Five Important Corporate Law And Life Lessons, Joseph Karl Grant
What Can We Learn From The 2010 Bp Oil Spill?: Five Important Corporate Law And Life Lessons, Joseph Karl Grant
Journal Publications
No abstract provided.
When Business Conduct Turns Violent: Bringing Bp, Massey, And Other Scofflaws To Justice, Jane F. Barrett
When Business Conduct Turns Violent: Bringing Bp, Massey, And Other Scofflaws To Justice, Jane F. Barrett
Faculty Scholarship
In April 2010, forty-seven people died violently as a result of explosions at an oil refinery, in a coal mine and on an offshore drilling rig. The BP Deepwater Horizon catastrophe, the Massey Mine coal mine disaster and the Tesoro Corporation oil refinery explosion raise questions about the corporate and individual criminal culpability of those responsible for these deaths. Too often cases involving worker deaths are not prosecuted at all or result in simply large fines against a corporate entity. This Article argues that the Department of Justice needs to more aggressively investigate and prosecute not only organizations but, more …
After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann
After The Spill Is Gone: The Gulf Of Mexico, Environmental Crime, And Criminal Law, David M. Uhlmann
Articles
The Gulf oil spill was the worst environmental disaster in U.S. history, and will be the most significant criminal case ever prosecuted under U.S. environmental laws. The Justice Department is likely to prosecute BP, Transocean, and Halliburton for criminal violations of the Clean Water Act and the Migratory Bird Treaty Act, which will result in the largest fines ever imposed in the United States for any form of corporate crime. The Justice Department also may decide to pursue charges for manslaughter, false statements, and obstruction of justice. The prosecution will shape public perceptions about environmental crime, for reasons that are …
Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers, Jr., Jason Derosa, Sarah Reyneveld
Stranger Than Fiction: An "Inside" Look At Environmental Liability And Defense Strategy In The Deepwater Horizon Aftermath, William H. Rodgers, Jr., Jason Derosa, Sarah Reyneveld
Articles
The Deepwater Horizon oil spill of April 20, 2010 initiated an environmental disaster that presented attorneys on both sides of the legal action with monumental challenges. Using the satirical format of a memo written by the corporate defense counsel to BP America four days after the spill began, this article investigates BP’s potential liability and strategic defense positions available in criminal and civil proceedings. Major federal environmental laws, including the Oil Pollution Act, the Clean Water Act and major wildlife protection statutes, are implicated by the Spill. The memo provides a clear picture of the existing opportunities for a responsible …
Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not, Alyson C. Flournoy
Three Meta-Lessons Government And Industry Should Learn From The Bp Deepwater Horizon Disaster And Why They Will Not, Alyson C. Flournoy
UF Law Faculty Publications
There are many law and policy lessons to be learned from the BP Deepwater Horizon disaster and its aftermath. Some are lessons specific to the BP oil well blowout. Regrettably, Congress has failed to enact even these critical reforms, although some important regulatory reforms have been adopted. This Article focuses on three broader lessons that this disaster should also teach, but that are very unlikely to be learned; lessons that could help to reduce the risk of future disasters. These meta-lessons suggest the need to: (1) learn from the next disaster-not the last one; (2) learn from the blueprint of …