We had this gradual discovery during Hurricane Katrina, where a natural disaster eventually became seen as what it was, a man-made failure. And now, what was called an “act of God” and a freak accident by the defenders of the pollution industry is now being labeled, proof positive, as the consequence of design failure. Not only did the blowout preventer under the Deepwater Horizon well have a leak in it, not only did it include a dead battery, not only were the tests on it falsified for years, but when engineers actually needed to use it and tried to activate it, they didn’t have the right schematics:
WASHINGTON — In the days after an oil well spun out of control in the Gulf of Mexico, BP engineers tried to activate a huge piece of underwater safety equipment but failed because the device had been so altered that diagrams BP got from the equipment’s owner didn’t match the supposedly failsafe device’s configuration, congressional investigators said Wednesday.
The oil well also failed at least one critical pressure test on the day that gas surged up the drill pipe and set the Deepwater Horizon drilling rig aflame, killing 11 and setting off a spill that has spewed 210,000 gallons of crude into the gulf every day for three weeks, according to BP documents provided to congressional investigators.
“The more I learn about this accident, the more concerned I become. This catastrophe appears to have been caused by a calamitous series of equipment and operational failures” said Rep. Henry Waxman, D-Calif., chairman of the House Energy and Commerce Committee, said at a hearing on Wednesday – the third congressional hearing in two days on the unfolding catastrophe.
Why are the same people who designed faulty materials, who failed to follow safety procedures, STILL DESIGNING THE EQUIPMENT to stop a leak which has been gushing for three weeks? Apparently the Obama Administration has recruited five scientists, according to McClatchy, to work day and night on the problem. NOW we get a Manhattan Project.
This is all a consequence of aggressive deregulation by industry, the maneuvers whereby powerful interests save billions in safety costs. They follow the rules at their discretion, they practically own the regulatory agency. It’s amazing how much this mirrors the problems on Wall Street. And just like with Goldman Sachs, the criminal justice system may get involved.
Federal investigators are likely to file criminal charges against at least one of the companies involved in the Gulf of Mexico spill, raising the prospects of significantly higher penalties than a current $75 million cap on civil liability, legal experts say.
The inquiry by the Homeland Security and Interior Departments into how the spill occurred is still in its early stages and authorities have not confirmed whether a criminal investigation has been launched.
But environmental law experts say it’s just a matter of time until the Justice Department steps in – if it hasn’t already – to initiate a criminal inquiry and take punitive action.
“There is no question there’ll be an enforcement action,” said David M. Uhlmann, who headed the Justice Department’s environmental crimes section for seven years during the Clinton and Bush administrations. “And, it’s very likely that there will be at least some criminal charges brought.”
Energy Secretary Steven Chu says progress is being made on slowing or stopping the underwater gusher. I would hope as much progress is being made on the criminal side, too. Because that’s what we have here. Criminal negligence.





59 Comments

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This incident happened in the past. We need to look to the future. Criminal charges are off the table.
Snark.
Yawn.
Deregulation was surely the mantra during BushCo, as you noted, David. And guess what’s among the headlines this am?
With Obama, Regulations Are Back in Fashion
LINK.
Maybe we can arrange it so that Don Blankenship (Massey Energy) is able to cell up with the CEO of BP.
As Biggest Polluter (BP) marches on, the US steers an imperialist, corporatist, royalist, oilist and Zionist course, with Obama’s imperialist, corporatist, royalist, oilist and Zionist Supreme Court nominee, with US military executions of Afghan prisoners and its plans to continue to occupy the Republic of Iraq (we struck earl there, and it’s not an ocean depth of five thousand feet…). We will be staying on in Eye-rack “to stop the violence” which is caused by our hostile imperial criminal occupation…
Over his long dead body. If there is one thing that has been made abundantly clear during the last 18 months of BO Bullshit it is that this administration is not only in bed with the corporate bastards but it is blowing and humping as much and as fast as it can.
what proof do you have that Kagen is a Zionist, because she’s Jewish? If so that’s not good enough.
you are such a dreamer.
If the Obama administration caves to industry on this as they do on everything else, I will not vote for a Democrat again. Enough is enough.
Lives were lost, people maimed, corporate thugs coerced traumatized survivors into signing statements… how criminal does it have to get before our sold-out politicians STAND UP FOR US???
And don’t forget the Massey coal mine.
I believed, I had hope, I expected change.
Unemployment gets to 15% even the GOP will be looking for scapegoats. How many fishing and tourist jobs will this spill take out by election time?
America needs to show the voters they can develop energy safely. They need to show that they can do it without killing people or costing the rest of us our jobs.
“Criminal charges”? That makes me laugh and weep simultaneously.
The New York Times doesn’t seem to have its sox on straight. Quel surprise!
I’ve never heard Kagan is a Zionist. Obviously she doesn’t have much of a public record but that’s a pretty serious charge to throw out there without citation.
Lookin’ for Zionists under the bed, are we?
Expect Obama to drag this out past the election he and the GOP hope this oil spill goes away soon and that by election day its forgotten.
Obama and the GOP still trust the oil companies and big business to handle things so I expect them to be blind sided.
It takes more than lying to the Left and saying I’m on your team pass me the ball to control the ball.
The ball right now is the oil spill. The ball is going to give the Left the advantage.
For anybody interested, my power was fixed a little while ago and I have a new refrigerator with another stove on the way. Guess that’s one way to get new appliances, Jedi mind trick an employee to poke around like a baboon in an electrical box!
Criminal charges, boy what a bunch of dreamers. Two bits says they’ll settle and that will be that.
This information suggests that every deepwater oil well be shut down and inspected from head to toe.
They blew out your frig and stove who did they send to fix your electricity Joe the unlicensed
plumberelectrician?Oh, I’m sure that’ll work for the Kossacks but there wasn’t much likely that was going to make them unteam Orahma anyway I think. I’m much more interested in him ADDRESSING the problem than using it for political chips.
Just some maintenance (not electrician) guy poking around in my box. Not sure what he was doing though I’ve been told he was ordered to cut the power in another unit. It could be the one under me which is being remodeled, (HA! They had to give me THOSE appliances), or it could be the one behind me which is their model which they are going to remodel. All I know is that this maintenance (not electrician) guy can’t tell the difference between a 2 and a 3 or a 3 and a 4. The guy who eventually fixed it was an actual electrician with a company van and a license, (I asked to see it)
Just because the NYT sez it doesn’t make it so. Or perhaps, because the NYT sez it, means it isn’t so. Prolly just more propaganda that the stenographers in the corp media are taking down & publishing.
Nope they can’t ignore job losses from that many states. SD said hotels in Florida were losing 90% of their customers a few threads back.
Fishing is dead and I doubt BP will pay the fishermen in all the states effected for lost wages until election day.
Unemployment numbers will go up just how high I don’t know. Fishing supports fancy sea food restaurants, it supports boat makers, mechanics, freezer trucks etc.
Tourism supports airline jobs, banks that made hotel loans, the over priced souvenir industry, bars, booze Florida strip clubs ( there is a reason why the GOP convention is going to Tampa ).
High unemployment numbers demand victims and nobody not even the Tea Baggers want to pick crops.
That leaves us searching for victims with money.
Maybe they can even share caddies at the country club white collar prison golf course.
I’m afraid Obama and the govt don’t have a lot they can do outside of being in charge of the cleanup. All the technical stuff is gonna have to come from BP, TransOcean, Halliburton and Champion (makers of the BOP).
I was going to protest at a BP station in St Pete yesterday but the station is one of the millions of convenience store/gas stations around the country. These guys make their money on the stuff they sell out of the store, not on the gas, which brings $0.06 a gallon max. Stations that only sell gas don’t last long. Chevron station near me is now a detailing place. I didn’t feel good about maybe hurting this guy’s business, he’s only connected to BP via his franchise.
You’re absolutely right SDragon. Those stores make money off of beer, chips and cigarettes, not the gas.
He won’t address the problem oil is the ball. Oil/Fortune is moving politics back into our hands. We own Green Issues, we own getting corporations.
As unemployment in the south grows because of this spill Obama can either join us or be brushed aside.
Criminal charges? BWAHAHAHAHAHAHA!
good for you that you thought it through!
90% of the hotels in the Panhandle, which is the top left area of the state. I’ve not heard anything about the hotels further south. It’s not as hot up in the Panhandle as it is here so in the summer a lot of the tourists go further north.
The Rethug National Convention is gonna be held in Tampa in 2012. In mid August. For folks coming from out of state that’s gonna be the experience of a lifetime. Some of these old rich white folks who show up from Nebraska, etc will die from heatstroke after 5 minutes outside.
Isn’t the official O line that we haven’t allowed the corps to work “with” us to solve the nation’s problems?
I use Citgo “The people’s petrol”
I once had to give a presentation to a large meeting in Miami in August. I nearly suffered heat stroke just getting in & out of A/C taxis & buildings. Needless to say, I flew in & flew out as close as I could make the connections.
Me too.
Whats the latest estimate of just how far the oil will spread up the Florida coast? How big does the oil spill have to get before even the GOP panics about jobs and votes?
How deep is Obama’s and the GOP’s denial? Heck even Ron Paul is going to have a hard time selling free markets can regulate themselves now.
Hugo’s?
Why do fund regulatory agencies that only exist for Kabuki theater?
Are they patronage parking places for cronies, party faithful, and friends of Obama?
I guess it’s time again for FISA and financial-like legislation to engage in Kabuki reform legislation so that this time, it really, really will regulate them.
My truck is naturally air conditioned. I can double the air by opening the passenger side window. *g*
We’ve been really lucky. The slick is staying away from the more southerly areas and is actually heading more towards Mexico. The wind is the biggest factor in where it heads. Slick is about 350 miles from me. A shift in the wind can spell disaster.
Criminal charges coming against BP/aka Big Profits? You must be kidding. Hold companies accountable for their mendacity and willful negligence? Why, how quaint. Harry Reid already has a draft of a sternly worded letter to deliver to them instead.
Not to toot my own horn or anything David, but I pointed out this very issue in my diary on April 30th.
From Spill Baby Spill;
Jason Leopold had reported;
It seems that as OldOilFieldHand has stated elsewhere, they’re not going to be able to cover any of this up, too many people know what all of this means.
Nothing like a Crisis to make a regulatory agency do their job the NRC after Three Mile Island clamped down hard.
The banks fearful of backing a project that could go bad, bad as in they don’t get paid pulled funding.
Consumer’s with homes screamed not in my back yard.
Obama’s proposed Nuclear plants will be the first new plants that were not at least on the drawing boards since Three Mile Island.
I doubt there is an engineer in America who has designed or inspected the construction of a new American plant still working.
The best we got are engineers who ran a few foreign jobs with loser safety rules.
Oh well, if the slick is headed for Mexico, nothing to worry about. /s
TMI is sooo yesterday. We’re in a whole new century now. Rules of the past no longer apply. Or, as one pundit put it, we’re past the end of history.
Everybody pitches in we all know something together we know more than we do separate. Take a Bow for being first with the information!
This is why the Blogs beat the Media for scoops we get people in the know to talk. They get sound bites from industry PR hacks and Lawyers trying to manage the situation.
True but those who don’t know history are doomed to repeat it.
Alan Greenspan’s talk about a new economy before the bubble broke comes to mind.
TMI scared people this oil spill could easily put millions out of work.
I grant you if the spill gets plugged quick Obama will ignore it. But if we get a worse case scenario then it can’t be ignored.
that slime/kerry amendment for allowing states to pass laws re their neighboring states drilling offshore, does it also include other countries getting to vote? /s
yes, i remember that post about this….
Disaster is my model for how change occurs.
However, having said that for years, it one day dawned on me that the changes wrought by disaster are not always ones that go in the right direction.
True I expect oil companies to raise gas prices and blame it on increased regulation from the oil spill.
Good news on a bad news day ;-)
Congrats, Margaret! Great news ~ enjoy the new stuff!!
Yuppers!
Senate blocks attempt to raise liability limit for oil cos.
Maybe I’ll start a pitchfork-sharpening business.
Shorter waxman.
1) Wave hands.
2) Have meetings.
3) Issue a statement.
Let us also note that this is the ‘perfect storm’ excuse yet again, and it precludes a conclusion that getting at that oil safely might be impossible with the current technology, given how deep it is.
I can’t imagine that this won’t impact Mexico terribly, at which time there are bound to be some rather interesting tests of Wobama’s ability to control the discussion.
It seems to me that I’ve heard that big oil has not been kind to the Mexican economy, or environment.
In case you were wondering, I don’t know either.
Is ‘W’ a prefix, or is ‘obama’ a suffix?
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There must be NO CAP placed on BP’s financial responsibility to the people imperiled by BP’s gross negligence. The ‘Senators-to-the-Rescue’ with their inappropriately inadequate $10 billion cap, are clearly stepping in to rescue their corporate masters. People of New Orleans, be damned.
BP and government NON REGULATORS are responsible for this environmental catastrophe, which has no end in sight. BP must pay ALL damages, including the ongoing economic losses.
I suggest that the USELESS CORPORATE SHILLS aka CONGRESS, suspend their taxpayer funded salaries including all the LIFETIME benefits they enjoy at the expense of the American taxpayer, and instead, for starters, funnel that money to the 27,000 people in New Orleans, who have lost their source of income and whose future incomes have been destroyed by this irreparable ecological meltdown.