Originally Posted by JoeRedskin
BP's actions in this matter, to date, seem to me to be criminal, i.e. deserving of punishment other than merely administrative penalties (loss of licenses, revocation of permits, orders for restitution and punitive fines).
On one hand, they are focused on clogging the well. Fine, good. Not being an engineer or familiar with the pecular problems being posed by this repair, I cannot honestly judge as to whether their actions post spill have been up to the appropriate standard of care. Their actions may have been the best and most efficient responses to the problem - I just don't know. Certainly, there is plenty of incentive, both financially and from a point of public perception, to make every effort and expend all available resources to "stop the bleeding".
On the other hand, it seems to me that every day some new report of BP delaying, obfuscating, or otherwise dodging other issues that arise outside the immediate well closing activities. (injuries to fishermen due to toxins, failure to construct the sand bars, failure to respond to the proposals of local govt.'s). In addition, the few expert reports I have seen have not been particularly complimentary to BP's efforts.
All of this doesn't even consider BP's actions pre-spill, but, those actions (which seem to be blatantly negligent and perhaps grossly negligent) certainly give me a prism to look and through which to judge their post spill actions.
Given their prior complaint history and their obvious cost-cutting actions, I have little confidence BP's corporate culture. I strongly doubt that now, suddenly, BP has changed its corporate mindset from one of "cut costs, comply with the letter and not the spirit of regulations" (though, it appears they may not have even done that) to one of "F*** the bottom line, do what is right".
All this brings me back to my original point. It is time for the Feds and the States to look into and threaten some senior executives with jail time and the possibility of personal liability: "BP, Inc. goes under? Guess what: Don't care - We're selling your mansion, jets, etc. Oh and by the way, you better start finding ways to expend resources on the spill AND the peripheral issues or we will start expending some resources on finding ways to put you in jail."
If the Govt. threatens the corp., it just goes bankrupt, dissolves, or otherwise disappears and litigation pursuing its assets drags on for ever - and ultimately, the consumers and taxpayers pay for the clean up through higher prices and/or increased taxes to make up for where BP bailed.
Threaten the bastards in charge, who f***ed up by encouraging the corporate culture of minimal compliance and have now gone into CYA mode, with jail time and loss of personal wealth - well, let's see if that creates a little more urgency to have the corporation be more "helpful".
From a legal stand point, it's not that simple but, damn, this is one of those situations where you wish it could be.
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