BP and Rick: Reckless

MIAMI.- Recklessly: That was how U.S. District Judge Carl Barbier said oil giant BP acted when it made “profit-driven decisions”‘ that led to the 2010 blowout of the Deep Horizon rig. The disaster killed 11 men and led to the worst offshore oil spill in U.S. history. The judge assigned BP two-thirds of the blame and a much smaller percentage to other companies.

BP had been hoping the judge would rule that the company had acted “only” negligently, which would allow it to pay a lower fine. But the judge did not buy even this lame defense. Instead, he found BP had repeatedly acted with “gross negligence.” Mincing no words, Barbier wrote: “These instances of negligence, taken together, evince an extreme deviation from the standard of care and a conscious disregard of known risks.” If the finding of recklessness withstands appeals, BP will have to fork over four times the amount in civil penalties in comparison with a finding of mere negligence.

The Macondo oil well spilled huge amounts of crude into the Gulf of Mexico for 87 days. The disaster, which took place off the coast of Louisiana, also caused enormous economic losses in several other gulf states, including Florida, Alabama and Mississippi. The pollution adversely affected tourism, fishing, and commerce long after the well was finally capped. It also did incalculable damage to the ecosystem of a vast area, destroying habitats and killing countless birds, fish and other sea creatures.

The Deep Horizon tragedy stands as an object lesson for our own state of Florida, which is flirting with disaster–including rakking–in the rush to cash in on the new oil and gas boom in the United States.

One area of concern is Southwest Florida, which up to now has experienced a modest amount of drilling but is poised for a major expansion.

Southwest Florida is part of a geological area which is believed to hold a rich lode of crude oil. Collier Resources, the largest holder of mineral rights in the area, has already leased 800,000 acres to new drillers. While this may seem like an economic bonanza for Florida, recent studies have shown that drilling for oil and gas is a significant source of methane emissions. Methane is a greenhouse gas far more potent than carbon dioxide in its impact on global warming. It also has a tendency to erupt abruptly and, in some cases, to explode. Even abandoned wells leak methane, even those that supposedly have been sealed.

At least one drilling company already has been accused of engaging in questionable practices. The Florida Department of Environmental Protection (DEP) is charging that Texas-based Dan A. Hughes Company of using an unauthorized injection procedure in 2013. The well has been closed for now and the company fined $25,000. (They are just getting started but they are already misbehaving and getting fined). Nevertheless, the Hughes Company is not planning to abandon the well.

Don’t expect much pushback against the energy companies from the state. The oil business is especially privileged even by the standards of this country, which inordinately favors business in general. Hugely profitable Exxon typically pays no taxes, to cite one of many examples. Instead, the government pays the company money. And oil drilling is exempt from such federal laws as the Clean Water Act so the government doesn’t even know how much toxic material is going into the soil.

Also, don’t expect much support for DEP from Florida’s leaders. Gov. Scott recently overruled DEP in approving a highly unusual waiver of a deed provision to allow a monstrosity of a project to be built on Miami’s Watson Island.

In particular, don’t expect the governor to do the right thing when it comes to the Dan A. Hughes Company project except perhaps for a fleeting moment while he seeks reelection. Instead, follow the money. As it turns out, the well in question is on land leased to the company by Collier Resources. Collier Resources contributed $200,000 to Scott’s campaign.

While Scott is now on a quest to paint himself green for political purposes, it’s hard to believe many people are going to be fooled by the makeover. Scott has a substantial track record that shows which side he is on. It’s not on that of the people and land of the state. The only green Scott really cares about is the kind that has dollar signs on it and buys private planes, funds campaigns, and buys governorships.