BP says the well is capped and no oil is leaking in the Gulf.

If it was the government’s job BP wouldn’t be writing checks. They are liable for the damage they cause.

Your point was about “pre-planned” devices and how it was BP’s job to build devices just in case, that’s what the passage you quote addresses.

I have no idea what you’re talking about now.

Look at it this way:

Risk: ten million fucking shitloads of oil pissing out into the Gulf every day, and fucking everything up.
Mitigation: something to cap the well, FAST and EFFECTIVELY in case it goes wrong.

BP’s job was to show the government that they have the mitigation in place provided the government enforced them to provide it, then have it in place, and enact it if things went wrong.

BP is, like all other greedy, soulless corporations, going to duck every chance to do something costly like mitigation, unless it is forced to do it.

The government’s job was to create and enforce a regulatory framework to make damn sure BP had disaster prevention, and mitigation, equipment and procedures ready, in line with the risk. It appears to have failed; either through negligent enforcement, or not having the framework in place to start with.

As a point of fact, do we know what the absolute worst breach of Government regulation was in this case, because I haven’t heard a whole lot about civil or criminal corporate liability?

If there is no great breach of regulation, wouldn’t it suggest the industry bought just about he right level of exposure from the US political class?

No it doesn’t, because they’re still facing tens of billions of dollars in damages.

No government regulation requires me to carry a fire extinguisher at all times. However, if I start throwing cigarette butts out my window, and catch someone’s house on fire, I’d wish I had a fire extinguisher to put out that fire. Because then I could turn a gigantic liability–I burned down a $250,000 house–into a small liability–I caused a few scorch marks.

BP should have had better disaster mitigation plans, not because the government required them to have better disaster mitigation plans, but because if there was a disaster BP would be screwed without those plans.

The right-wing talking point that if you comply with government regulations you’ve done everything neccesary, is just nonsense. You really think that government regulation should cover every action? And everything not forbidden by the government is fine? If there’s no law against it, go ahead, because if it was wrong there’d be a law against it? Seriously?

I think Government should protect society and the environment from this kind of thing happening and it it still happens that the industry is collectively prepared to deal immediately with all consequences.

After the fact is clearly too late, damages - it doesn’t matter that BP pays $20 billion - is too late, prevention is what failed here, and it failed because industry bought what it thought it could live with from the corrupt political class - I make no party distinctions.

The concept of liability does not equate to specific codified procedures. It is impossible for any regulatory agency to codify against stupid. There is no regulation that would stop a truck driver from plowing through the nearest gas station yet the instrument not to do so still exists in the form of liability.

As a company, BP created an environment where bad financial decisions were made in the form of risk. They risked much to gain little. Their safety record is many factors worse than their competitors.

I bought a hammer from the hardware store the other day. It didn’t have label on it tell me not to deliberately smash my thumb with the hammer. But the government didn’t require the hardware store to have such a label. That must mean if I deliberately smash my thumb with the hammer, it’s the government’s fault.

BP was not stupid. They were reckless. They cut corners, forced the drilling operators to go faster than they felt comfortable with, they cut costs at every place they could. It is believed they bribed the regulators to not do their jobs. They lobbied congress and the senate to trust them with the drilling and to cut regulators and staff. If making money is all corporations are about, they acted like you would expect them to. They have no responsibility to keep the gulf clean or even to keep workers safe. They are just the cost of doing business.

Now it appears there is a seep from the sea floor. Presumably oil (or gas?), though strangely the article doesn’t say for certain:

And now a dissenting view:

As far as I can tell, there are two problems. First, one of the ROV’s located what appears to be oil rising as a plume from the sea floor at an unknown distances from the well. The few still photos I’ve seen on the net are inconclusive as to how real that is, but now some bigwigs are starting to talk about it. The second problem shows up as bubbles, rising from around the base of the well casing itself. Those’ve been known about for a couple days now, but are not necessarily an indication that the casing is leaking. BP’s been trying to sample the gas to see if it contains methane from the well, and it seems that they may have succeeded and actually found the gas to be methane.

Now BP really really wants their cap to stay closed, but if the resulting pressure build up is making a preexisting leak worse, keeping the well shut could compromise even the bottom kill operation. Now given the depth of the intersection between the two wells, that’s not likely, but it is a possibility. I wonder how lucky everyone at BP is feeling this morning?

i heard in the media that one motivation that BP has in keeping the well capped and not doing the government plan to retrieve oil (which also may prevent large uncontrolled seeps from opening up) is because retrieval now will provide a more accurate flow rate. this flow rate could be used in determining damages due to the oil previously released into the water.

There is suspicion that somewhere in the system a leak is happening. The pressure at the cap is too low. There is bubbling from the sea bed. If it blows from there it can not be stopped. BP is still thinking about money first. They want to sell that oil. They want to spend as little as they can.
BP and the government are at odds on how to proceed.

This. Total volume of oil over time deposited in a dimensioned tank will give an indisputable flow rate for when the fine is adjudicated.

But they don’t want to recover the oil and thus sell it. they have a much bigger concern with indisputable evidence of flow rate.

I don’y accept that. This is a huge oil deposit. They do make the claim but BP has no credibility at all.
It is true the eventual fine will be bases on how much oil they squirted into the gulf. That is why they resisted measurements that would give honest figures. They have had a pecuniary motive for understating the flow rate.
There is discussion about uncapping the well and collecting the oil. It would lower the pressure . It would also allow BP to offset some of the costs. But that is still on the table. Having a system sit for a long time under great pressure is not a good plan. Eventually it would break. The pressure has to be released at some point.

BP reports that the seepage about two miles away from the broken Macondo well isn’t related to the troubled well.
Nothing definite on the bubbles yet.

It’s not solely BP saying the seeps are unrelated, it is the government as well.

That is false. There is a chance it would make the wells more difficult to permanently plug, but the relief wells that are nearing completion should still work fine. There is nothing to support your statement that it would not be able to be stopped.

It doesn’t matter how many times or in how many different threads you state this, it doesn’t make it any more true. BP is permanently plugging this well. There is no chance (absolutely 0.00% chance that BP will attempt to turn this Macondo well into a producing well). They or someone else might drill another well into this same reservoir at a later date, but this well will be permanently plugged.