BP Will Have to Pay, No Matter What

More

As politicians on the Hill debate raising or eliminating the liability cap on damages owed by oil companies after spills, it's worth pointing out that in the case of BP, the cap itself might not actually matter.

The Oil Pollution Act of 1990, which established the $75 million liability cap after the Exxon Valdez accident, also said that spills due to gross negligence or similar safety violations are subject to unlimited liability. The evidence is building that BP won't be able to hide from the gross negligence charge even if they try:

BP Plc's efforts to speed work and cut costs at a well in the Gulf of Mexico added to the danger of a disaster before the explosion that caused the biggest U.S. oil spill, two House Democrats said today.

"Time after time, it appears that BP made decisions that increased the risk of a blowout to save the company time or expense," Representatives Henry Waxman of California and Bart Stupak of Michigan said in a letter to BP Chief Executive Officer Tony Hayward. "If this is what happened, BP's carelessness and complacency have inflicted a heavy toll on the Gulf, its inhabitants, and the workers on the rig."

This is just one reason why it makes sense for BP to work with the administration rather than stake a public battle against the escrow fund to handle damage claims through a third party.

Chris Good has more. Later today, I'll have an explainer on the liability cap and why it might make sense to kill it.

Jump to comments
Presented by

Derek Thompson is a senior editor at The Atlantic, where he writes about economics, labor markets, and the entertainment business.

Get Today's Top Stories in Your Inbox (preview)

Social Security: The Greatest Government Policy of All Time?

It's the most effective anti-poverty program in U.S. history. So why do some people hate it?


Elsewhere on the web

Join the Discussion

After you comment, click Post. If you’re not already logged in you will be asked to log in or register. blog comments powered by Disqus

Video

Adventures in Legal Weed

Colorado is now well into its first year as the first state to legalize recreational marijuana. How's it going? James Hamblin visits Aspen.

Video

What Makes a Story Great?

The storytellers behind House of CardsandThis American Life reflect on the creative process.

Video

Tracing Sriracha's Origin to Thailand

Ever wonder how the wildly popular hot sauce got its name? It all started in Si Racha.

Video

Where Confiscated Wildlife Ends Up

A government facility outside of Denver houses more than a million products of the illegal wildlife trade, from tigers and bears to bald eagles.

Video

Is Wine Healthy?

James Hamblin prepares to impress his date with knowledge about the health benefits of wine.

Video

The World's Largest Balloon Festival

Nine days, more than 700 balloons, and a whole lot of hot air

Writers

Up
Down

More in Business

Just In