BP to pay for "gross negligence"

The US is holding BP accountable.

According to Reuters, the US Justice department has recently confirmed that it will hold BP accountable for gross negligence. This recent sharpening of the DoJ’s attitude towards BP’s responsibility in the 2010 Deepwater Horizon oil spill (the largest in history) foreshadows steeper than predicted reparations; if BP is found to have been guilty of misconduct, under the Clean Water Act, it faces charges of up to $21 billion (four times what was previously predicted) - on top of punitive and compensatory damages. As Reuters notes, both BP and Transocean ltd. (owner of the platform) were found guilty of cutting corners by the government-filed report:

Specifically, errors made by BP and Swiss-based Transocean Ltd, owner of the Deepwater Horizon platform, in deciphering a key pressure test of the Macondo well are a clear indication of gross negligence, the Justice Department said.

"That such a simple, yet fundamental and safety-critical test could have been so stunningly, blindingly botched in so many ways, by so many people, demonstrates gross negligence," the government said in its 39-page filing.

As noted by an Economist blog in 2010, the Horizon debacle stands as “one way to price in externalities”; the oil spill highlights the more obvious negative side-effects of our reliance on fossil fuels, and is – for now – the only way that oil companies’ income will reflect (an infinitesimal part) of their harm to society. Cynics at the time commented that the US government is far too shortsighted to hold BP accountable, and that the incident would soon blow over (in sharp contrast to the oil that still lingers in the Gulf). Two years down the line, Obama can only be praised for ensuring that big business is not above the Clean Water Act. The DoJ’s perseverance will serve as a glaring reminder that the oil industry is shirking some serious debits and is not as profitable as it appears.

It’s a shame there is no Clean Skies Act to hasten the market’s demand for renewable energy.

(On that note, BrainPickings reminds us that 35 years ago today, the Voyager 1 was launched to explore the solar system. Follow the link to watch an animated version of Carl Sagan's Pale Blue Dot. It kind of puts things into perspective.)

Photograph: Getty Images
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Ignoring devolved nations on Brexit "risks breaking up the UK"

Theresa May is meeting with Scottish, Northern Irish and Welsh representatives. 

The Westminster government risks the break up of the union if it tries to impose a Brexit settlement on Scotland, Northern Ireland and Wales, the Institute for Government has warned.

On the day Theresa May is meeting with representatives from the devolved administrations, the thinktank said there were "worrying signs" the Tories were ignoring them instead of treating them like partners. 

The Institute urged the UK government to take steps to prevent "political spats from escalating into a full-blow constitutional crisis".

It stated:

"Imposing a Brexit settlement in the absence of consent from the devolved bodies may be legally possible, given that the UK Parliament remains sovereign. 

"However, this would run contrary to convention and to the spirit of devolution, which recognises the right of the three devolved nations to determine their own
form of government. 

"It would also be a reckless strategy for a government committed to the Union, since it would seriously undermine relationships between the four governments, and increase the chances of Scottish independence and rifts in Northern Ireland’s fragile power-sharing arrangements."

Instead, Brexit ministers from the devolved nations should be represented on a specially-created committee and held jointly responsible for the outcome of talks, it recommended. The devolved nations are expected to want a softer Brexit than the one outlined so far by Westminster. 

It noted that despite the Prime Minister's commitment to developing a "UK approach" to Brexit, there are "worrying signs" that the devolved governments are being ignored.

So far key decisions, such as the deadline for triggering Article 50, have been taken by Westminster alone. Legal experts have warned a stand off between devolved authorities and Westminster could lead to a constitutional crisis.

While civil servants across the UK are now trying to work together, the Institute for Government said their ability to do so "has been hindered by lack of agreement at a political level".

A Brexit settlement could also lead to new powers for the devolved nations, the report said, such as on employment and immigration.

The report said it was likely devolved parliaments would wish to vote on any settlement.

The Scottish First Minister, Nicola Sturgeon has already threatened to hold another independence referendum if Westminster does not take account of Scottish interests, and has pledged that the SNP will vote against the Brexit bill in Parliament. 

Julia Rampen is the editor of The Staggers, The New Statesman's online rolling politics blog. She was previously deputy editor at Mirror Money Online and has worked as a financial journalist for several trade magazines.