Gulf oil spill: BP set to avoid gross negligence charge

[Octafish]

Source: The Guardian (UK)

Shares rise as US commission blames 'systemic' causes for spill and analysts say inquiry unlikely to contradict findings

BP is likely to be cleared of the potentially ruinous charge of gross negligence, according to City analysts, after a powerful US commission blamed "systemic" causes for the Gulf of Mexico disaster.

The company's shares rose by more than 2% in trading this morning after Barack Obama's national commission released part of its final report into the disaster, before full publication on Tuesday.

The report is the first of several parallel investigations, and will influence the crucial inquiry carried out by the US department of justice (DoJ). Unless evidence comes to light showing that BP wilfully or singularly disregarded safety in the run-up to the world's biggest accidental offshore oil spill, the DoJ is unlikely to contradict the commission's findings and recommend a charge of gross negligence. BP is understood to expect the DoJ to conclude its inquiry in the second half of this year.

BP's shares have now recovered almost two-thirds of their lost value since the crisis peaked in June as investors bet that the worst is over for the company.

Read more: http://www.guardian.co.uk/environment/2011/jan/06/bp-gulf-oil-spill-commission

---

Thank Moon! BP is saved.

[Bragi]

1. There was never any doubt that this would happen

At least not for me. The regs governing deep-water drilling are idiotically tilted towards an industry that really doesn't want to spend on safety. Given how poorly it is regulated, it seems highly unlikely that anything resembling civil accountability would be imposed on BP in consequence of the Gulf blowout.

And those who clamor for criminal charges against BP bigwigs are bound to be even more disappointed, since it's hard to be found criminally responsible for environmental damage when you can prove that anyone a) breached any regulatory standards, and b) willfully intended to cause harm.

Far as I can see, the Gulf blowout was a triumph for the oil industry. Not only will there be no accountability, they have managed to use their PR dollars to spin the whole disaster into a narrative where people (and media) now believe that even a massive blowout that spews out oil for months can be relatively benign.

If there is anyone who should be help accountable for this catastrophe, it is the politicians (of both parties) who established and oversaw a regulatory environment for deep-water drilling that made large-scale devastation of ocean ecosystems not just legal, but inevitable.

[leveymg]

2. If that wasn't "gross negligence", the term has lost all meaning, as has the Obama Admin.

Hard to believe even BushCo would try to get away with letting BP off with a slap on the wrist.

The USG has been truly neutralized by the Multinationals. They pwn the United States.

[valerief]

3. Systemic? Whose system? BP's? Then they're to blame. They were negligient.

Damn, I'm so tired of logic being twisted. Why didn't the commission just say, "Nah nah nah nah nah! BP is our $$$$$friend$$$$$ and we won't do a damn thing to hurt them." They may as well have, because we all know that's true.

[IScreamSundays]

4. Gulf oil spill: BP set to avoid gross negligence charge

Source: Guardian

BP is likely to be cleared of the potentially ruinous charge of gross negligence, according to City analysts, after a powerful US commission blamed "systemic" causes for the Gulf of Mexico disaster.

The company's shares rose by more than 2% in trading this morning after Barack Obama's national commission released part of its final report into the disaster, before full publication on Tuesday.

The report is the first of several parallel investigations, and will influence the crucial inquiry carried out by the US department of justice (DoJ). Unless evidence comes to light showing that BP wilfully or singularly disregarded safety in the run-up to the world's biggest accidental offshore oil spill, the DoJ is unlikely to contradict the commission's findings and recommend a charge of gross negligence. BP is understood to expect the DoJ to conclude its inquiry in the second half of this year.

BP's shares have now recovered almost two-thirds of their lost value since the crisis peaked in June as investors bet that the worst is over for the company.

Read more: http://www.guardian.co.uk/environment/2011/jan/06/bp-gulf-oil-spill-commission

[no_hypocrisy]

5. What's the standard of responsibility -- Res ipsa loquitor

or, translated from Latin, "shit happens"?

[indepat]

6. Now ain't these findings so RW-ishly special?

;)

[freshwest]

8. Yes, goes along with their playbook. The rules prohibit me repeating the contents here. LOL.

[spin]

7. Contributions to politicians works wonders when the shit hits the fan ...

BP Spent Millions on Lobbying, Campaign Donations
May 5, 2010 3:27 PM


During the 2008 campaign cycle, according to the Center for Responsive Politics, individuals and political action committees (PACs) associated with oil-giant BP contributed about $500,000 to federal candidates. About 40 percent went to Democrats.

The top recipient overall? President Obama, who got $71,000 from the company tied to the environmental disaster in the Gulf, according to the group.

The organization says BP spent $16 million on lobbying last year and $3.53 million in the first quarter overall, putting it second among oil and gas industry interests. The oil and gas industry spent $169 million on lobbying in 2009.
http://www.cbsnews.com/8301-503544_162-20004240-503544.html

[South End Liberal]

9. BP not negligent? What about their failure to run proper tests?

Oil FAIL: Did BP fail to run the test that would have shown the well was faulty? Why?

Fri, 05/21/2010 - 8:25am — lambert
http://www.correntewire.com/oil_fail_did_bp_fail_run_test_would_have_shown_well_was_faulty_why

From an editorial in the Times Picayune:

In the most recent revelation, Times-Picayune reporter David Hammer found that BP chose to forgo a crucial test of the cement linings in the Deepwater Horizon's well. The contractor who was hired to perform the cement bond log test said BP officials sent the workers home without conducting it. The test, which checks the strength of cement protecting the well's metal casing, could have revealed problems with the job, according to congressional testimony by a Halliburton executive.

In addition, schematics of the cementing design provided to Congress by contractor Halliburton are missing a key seal* between two sections of metal casing. Experts said that would be a design flaw that would allow natural gas to blast into the well undetected and cause the rig's explosion.

The test that BP chose not to conduct could have revealed that flaw.

BP executives have conceded that the company is responsible for the oil spill and for paying the costs of its clean-up. But in news interviews and in congressional hearings, BP officials have repeatedly said the operation and safety of the rig was the responsibility of its main contractor and rig owner, Transocean.

But it was BP officials who decided not to conduct the final test on the cement job. BP also decided to prematurely begin removing the drilling mud that kept downward pressure on the well, investigators have found.

_____________________________

They cut corners to save time and money, the entire Gulf of Mexico and coastlines pay the price. How is this not gross negligence?

[JDPriestly]

10. So, if driving drunk is a systemic problem on our highways,

then you don't have to face DUI charges if you do it and cause 11 deaths?

Huh!!!!!

Systemic failures is not an excuse. I don't like to be vindictive but this makes no sense to me.

It's the "But, Mom, everybody stays out all night on prom night." "But, mom, everybody gets drunk at 17." "But, Mom, nobody else has to do homework."

The correct answer is: "That doesn't mean it's all right."

The systemic failure will never be fixed unless companies like BP are finally required to pay for the crimes they commit and the real damages to people's lives that they cause.

Another chicken-out by the Obama administration.

[AndyTiedye]

11. Leaving the Required Safety Equipment Turned Off Isn't Negligence?

[Catherina]

12. Gee. What a surprise. Who didn't see this coming with all the complicity. Rec'd. n/t