Billions in Fines Don’t Matter — Here’s How BP Should Be Punished for the Gulf Disaster


What is missing is a criminal prosecution that holds responsible the individuals who gambled with the lives of BP’s contractors and the ecosystem of the Gulf of Mexico.
April 20, 2012  |
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This story was published as an op-ed in The New York Times.

Two years after a series of gambles and ill-advised decisions on a BP drilling project led to the largest accidental oil spill in United States history and the death of 11 workers on the Deepwater Horizon oil rig, no one has been held accountable.

What is missing is the accountability that comes from real consequences: a criminal prosecution that holds responsible the individuals who gambled with the lives of BP’s contractors and the ecosystem of the Gulf of Mexico. Only such an outcome can rebuild trust in an oil industry that asks for the public’s faith so that it can drill more along the nation’s coastlines. And perhaps only such an outcome can keep BP in line and can keep an accident like the Deepwater Horizon disaster from happening again.

BP has already tested the effectiveness of lesser consequences, and its track record proves that the most severe punishments the courts and the United States government have been willing to mete out amount to a slap on the wrist.

Prior to the gulf blowout, which spilled 200 million gallons of oil, BP was convicted of two felony environmental crimes and a misdemeanor: after it failed to report that its contractors were dumping toxic waste in Alaska in 1995; after its refinery in Texas City, Texas, exploded, killing 15, in 2005; and after it spilled more than 200,000 gallons of crude oil from a corroded pipeline onto the Alaskan tundra in 2006. In all, more than 30 people employed directly or indirectly by BP have died in connection with these and other recent accidents.

In at least two of those cases, the company had been warned of human and environmental dangers, deliberated the consequences and then ignored them, according to my reporting.

None of the upper-tier executives who managed BP — John Browne and Tony Hayward among them — were malicious. Their decisions, however, were driven by money. Neither their own sympathies nor the stark risks in their operations — corroding pipelines, dysfunctional safety valves, disarmed fire alarms and so on — could compete with the financial necessities of profit making.

Before the accident in Texas City, BP had declined to spend $150,000 to fix a part of the system that allowed gasoline to spew into the air and blow up. Documents show that the company had calculated the cost of a human life to be $10 million. Shortly before that disaster, a senior plant manager warned BP’s London headquarters that the plant was unsafe and a disaster was imminent. A report from early 2005 predicted that BP’s refinery would kill someone “within the next 12 to 18 months” unless it changed its practices.

Such explicit flirtation with deadly risk was undertaken as part of Mr. Browne’s effort while chief executive to expand BP as quickly as possible. Mr. Browne relentlessly cut costs, including on maintenance and safety. Then he hastily assembled a series of acquisitions and mergers between 1998 and 2001 that added tens of thousands of employees, blurred chains of command and wrought chaos on his operations. His methods — and the demands of Wall Street — became overly dependent on quantitative measures of success at the expense of environmental and human risk.

After each disaster, Mr. Browne pledged to refresh his focus on safety, investment in maintenance and commitment to the environment. His successor, Mr. Hayward, followed suit, saying that BP’s culture had to change. But the Deepwater Horizon tragedy — which bears many of the same traits as the company’s past accidents — shows how difficult it has been for the company’s leaders to shift BP’s corporate values and live up to their promises.

The question becomes: did they try hard enough, and did the mechanisms of oversight, regulation and law enforcement work sufficiently to provide a recidivist organization the deterrent that could guarantee its compliance?

After its previous convictions, BP paid unprecedented fines — more than $70 million — and committed to spend at least another $800 million on maintenance to improve safety. The point was to demonstrate that the cost of doing business wrong far outweighs the cost of doing business right. But without personal accountability, the fines become just another cost of doing business, William Miller, a former investigator for the Environmental Protection Agency who was involved in the Texas City case, told me.

The problem then (and perhaps now) is that it is the slow pileup of factors that cause an industrial disaster. Poor decisions are usually made incrementally by a range of people with differing levels of responsibility, and almost always behind a shield of plausible deniability. It makes it almost impossible to pin one clear-cut bad call on a single manager, which is partly why no BP official has ever been held criminally accountable.

Instead, the corporation is held accountable. It isn’t clear that charging the company repeatedly with misdemeanors and felonies has accomplished anything.

At more than $30 billion and climbing, the amount BP has paid out so far for reparations, lawsuits and cleanup dwarfs the roughly $8 billion that Exxon had to pay after its 1989 spill in Prince William Sound in Alaska. And BP will likely still pay billions more before this is finished.

And yet it is not enough. Two years after analysts questioned whether the extraordinary cost and loss of confidence might drive BP out of business, it has come roaring back. It collected more than $375 billion in 2011, pocketing $26 billion in profits.

What the gulf spill has taught us is that no matter how bad the disaster (and the environmental impact), the potential consequences have never been large enough to dissuade BP from placing profits ahead of prudence. That might change if a real person was forced to take responsibility — or if the government brought down one of the biggest hammers in its arsenal and banned the company from future federal oil leases and permits altogether. Fines just don’t matter.

Abrahm Lustgarten is a former staff writer and contributor for Fortune, and has written for Salon, Esquire, the Washington Post and the New York Times.

Kochs, Lies, and Videotape


 

 This week as I premiered my new film, Koch Brothers Exposed — the result of a year-long investigation on how two billionaires are using their wealth to corrupt democracy — Koch Industries has launched an attack on the film and me. The Kochs intimidate, they menace; they have a letter from their lawyer borderline threatening the media if it reports what’s in the film — and they always try to change the subject so their behavior can stay in the shadows: not only are they unwilling to accept my offer of a debate or interview, they also refuse to testify about their interest in the Keystone XL pipeline and may have to be dragged kicking and screaming into revealing their secret contributions to groups doing election work. This time, the Kochs are using a technique I point out in the film: attacking to avoid dealing with the facts. They are dodging and distorting the truth to avoid confronting our findings on cancer, voting rights, civil rights, and more.

How? Let me count (some of) the ways:

1) Cancer. People are dying of cancer near the Kochs’ Georgia Pacific plant in Crossett, Arkansas, and the Kochs refuse to answer the relevant question: What are they going to do about it? On Penn Road in Crossett, right near the mill, residents powerfully show how nine out of 11 homes have suffered from cancer. A USA Today study said Crossett’s school district is in the top 1% in the nation for cancer. Meanwhile, the Kochs’ facility releases significant amounts of formaldehyde — a known carcinogen — and there’s no other chemical plant in town. The Kochs are among the country’s top 10 polluters and lobbied hard to keep formaldehyde from being labeled a carcinogen. For a company where one of the owners (David Koch) and the communications director (Melissa Cohlmia) are cancer survivors, this is tragic and infuriating. It reflects a warped sense of humanity where greed trumps all.

2) Voting rights. The Kochs have given over $1 million to the American Legislative Exchange Council (ALEC), a group that’s trying to pass severe voter ID restrictions in states across the country. These bills disenfranchise the poor, the elderly, the young, people of color — in short, people who are likely to oppose a 1% agenda. The Kochs won’t explain why anyone should believe that ALEC’s pro-corporate, anti-99% agenda is somehow detached from its billionaire funders. Onerous voting restrictions are already impacting people’s ability to vote in the 2012 election.

3) Re-segregation. Americans for Prosperity (AFP), which is Koch-founded and Koch-financed (they refuse to say how much but we know it’s at least $5 million), pushed “reforms” in North Carolina that would destroy a school district’s model of racial integration and ensure students go to school mainly with people of their own race. We call out this “re-segregation” in Koch Brothers Exposed. The Kochs, of course, try to hide from their connection — hoping we ignore not only their involvement in the founding and financing of AFP, but also the fact that David Koch has served as chair of the group’s supposedly nonpolitical arm, the AFP Foundation. Their dissembling doesn’t pass the laugh test–particularly when they’ve refused to open the books to show where their funding is coming from.

4) Worker rights. The Kochs have been undermining labor rights, helping anti-union Gov. Scott Walker in Wisconsin and supporting groups that want to boost employer power against employees. They also have pushed the interests of large corporations over Main Street. The Koch brothers try pathetically to attack me on that front, going back eight years to my film Wal-Mart: the High Cost of Low Priceand saying a locally-owned hardware store I profiled as an example of how Wal-Mart shuts down small businesses had actually closed before the retail giant opened. Um, as the store owners said in the film, the reason it closed early was problems involving financing and reduced appraisals in light of Wal-Mart’s impending arrival. This is yet another example of distorting the facts and is ultimately a distraction.

Why are the Kochs flailing so desperately in the face of our findings? Because they can’t give straightforward, convincing rebuttals to the claims we lodge against them in the film. My organization, Brave New Foundation, doesn’t have billions of dollars at its disposal to fight back, but this time time, the Kochs aren’t getting the last word. The smears and name-calling (I’m malicious, I’m a liar, blah blah blah) may not be pleasant but won’t stop the film from being shared by 25 groups partnering with us and thousands of people online.

The Koch brothers epitomize the corruption of democracy that’s going on in our country, with a handful of people at the top expanding their wealth on the backs of the 99%. Americans shouldn’t fall for their attempt to change the subject.

By Robert Greenwald | Sourced from AlterNet

Posted at March 31, 2012, 10:24 am

http://www.alternet.org/newsandviews/article/874960/kochs%2C_lies%2C_and_videotape/