Extras Flashcards
CERCLA (?)
1980
Gives EPA sweeping powers
- they can either clean-up and then recover costs or require clean-up
- they define scope of clean-up
- they allocate financial costs to private agents
–> polluter or current owner/operator pays
–> strict liability
Implications of CERCLA
Essential to have internal monitoring and management processes
Manage waste according to highest industry standards
European Directive 2004/35/CE
Environmental Liability Directive
Explicit commitment to price environmental liabilities
Polluter/operator pays
Chamber of Commerce of the USA v. EPA (?;?)
Schelling, Smith and Hahn 2013
arguing against EPA regulation on GHG emissions - command-and-control
incentive/market based more effective and less costly
“technology forcing” - encourages innovation
Minerals Management Service (?;?)
National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling 2011
Has authority for regulatory oversight and responsibility for collecting revenues - conflicting mandates
Growth in deepwater drilling = higher risks; their resources decreased
attempts to change command-and-control approach because too reactive, wasn’t driving continuous improvement
- UK, Norway and Canada had already switched - risk belonged with operator not regulator, had to prove thorough risk assessments
BUT delayed and blocked by industry or political appointees
BP privileged …
cost efficiency over safety
BP authority, info and space
Contested authority
Scarce info
London didn’t have either
Didn’t learn from Texas City and reorganise
Rivalries and dissension - no resolution as to who was in charge in US due to being formed through takeovers
Operating across space
Oil Spill in California (?;?)
Pérez-Peña 2016 NY Times
Plains All American spill 2015
= indicted with felonies and misdemeanours
Employee James Buchanan - enviro and regulatory compliance specialist - 3 misdemeanours faces up to three years in Jail
Shell Oil Spill (?)
May 2016 Gulf of Mexico
