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Today, the presidential oil spill commission issued its final report concluding that the blowout of BP's Macondo well was certainly preventable, was caused by identifiable mistakes made by BP and its contractors, and resulted from complacency and poor risk management--placing doubt on the safety culture of the oil and gas industry as a whole.  The commission also pointed out that the regulatory agencies charged with oversight were outclassed by the industry and failed to keep up with rapidly developing technologies of deepwater exploration.  The combination of these failures resulted in the BP disaster.

The commission's conclusions are surprisingly astute for a panel that had no member from the oil and gas industry.  Though I don't agree with all of the panel's conclusions as to who is to blame for the catastrophe, their recognition of systemic failures and inadequacies of both safety policy and systems were spot on.  However thorough the conclusions and recommendations are, though, they are of little consequence outside the world of media and Washington politics.  Because the White House ignored calls for a more inclusive commission--including not just environmentalists, academics, and politicians, but representatives from the technical disciplines and the industry itself--the conclusions and recommendations of the commission have already been dismissed by those most in need of them, members of the industry itself.

No industry likes to be preached to and scolded as the oil spill commission has done in this report, no matter how well deserved.   There was an alternative, though.  The objective of the commission was to determine the causes of the blowout and subsequent spill, then make recommendations to prevent this kind of disaster from occurring again.  The problem is that in order to initiate necessary changes, something actually has to be done.  That means getting the industry itself to admit mistakes and accept changes to their way of operating.  We all knew that the industry as a whole would resist changes to offshore operational and safety procedures for two reasons. The first is simple: money.  The second is that the industry believes it knows better than everyone else how to drill big, deep oil wells in deepwater because it's complicated and they've been doing it for years.  To them, no environmentalist, bureaucrat, or politician is ever going to tell them what to do. In our deregulated nation, oil companies remain free to keep profit as their top priority, and set their own safety standards.

That could have been different. The Obama administration missed a golden opportunity for a teachable moment in this tragedy due to its own proclivity to push the oil and gas industry away.  That distance from the industry is the key reason the White House was so far behind in its response to the blowout to begin with: there was no one close at hand who knew what they were looking at or who recognized the potential scope of this disaster. You could tell in the early White House statements that the president wasn't being well advised.  In establishing the commission, the administration continued on this path, excluding any industry representation on the commission itself and hiring engineers and scientists only in staff or lower-level advisory roles.  The panel itself was appointed to meet political objectives, relegating its primary objective--improving safety--to secondary importance.

Because the administration made little more than a token effort to include influential industry representatives on the commission,  the results are predictable. The industry will reject the report's important conclusions and recommendations wholesale, and the new Republican controlled House will support that rejection.  Since much of the significant change must be legislated, if the industry doesn't support that change, the House leadership will simply do the same; therefore, nothing will improve.  . Had there been an industry member on the commission, that member could have sold the industry, and the Congress, on making critical changes to make drilling in the deepwater safer.
Clearly, it's a missed opportunity.

Bob Cavnar, a 30-year veteran of the oil and gas industry, is the author of Disaster on the Horizon: High Stakes, High Risks, and the Story Behind the Deepwater Well Blowout. He is CEO of Luca Technologies.

 
 
 

Follow Robert L. Cavnar on Twitter: www.twitter.com/dailyhurricane

 
 
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HUFFPOST SUPER USER
aligatorhardt
Cut on the bias
07:56 PM on 01/13/2011
If the drilling industry was part of the fact finding mission you can be sure that their lies and self serving agenda would completely overpower the results in their favor. Catering to the industry, by regulators, instead of doing their jobs as regulators to protect the public interest is the reason why these disasters happen in the first place. If industry was happy with the recommendations you could be sure that regulation was not effective. The lack of verifying compliance with existing rules allowed BP to use a disabled blow out preventor, that even if working was known to be unable to shear high tensile pipe of the variety used in deep water drilling, allowed test procedures to be ignored and allowed cementing procedures to be ignored. This was the result of allowing industry to corrupt the process of safety regulations. The industry other than BP have done a decent job of limiting accidents and they deserve credit for their actions, but catering to industry desires is similar to no regulation at all. The companies will always try to reduce costs to the full extent of the law, so allowing them to make the laws is guaranteed to fail the goal of safety. We have seen the massive pollution that results from allowing industry to police itself. The only way that we can be sure of progress in reducing pollution is to get all industry representatives out of regulatory agencies and allow them in an advisory position only. The fact finding mission is no place for biased corruption, to allow that would be to make the mission pointless.
09:04 PM on 01/12/2011
Do you really think the petroleum industry would heed the commission's findings and recommendations if only there were some industry engineers represented on the commission? Are you that naive? Trying to get the industry to go along with any commission that is likely to conclude that lax regulation caused the disaster is like expecting Republicans to work in a bi-partisan fashion to solve the nation's economic and social woes.

It's simply never going to happen.

Putting industry reps on the commission would just result in watered-down recommendations. And industry will kill any regulatory/legislative initiatives stemming from those recommendations anyway through intensive lobbying efforts that remain out of public view. And industry's lackeys in Congress and the executive branch agencies (if not in the WH) will wool the recommendations around for years before they take any kind of half-hearted measures to address the problems, measures that will instantly be appealed to a "non-activist" judiciary that takes years to ultimately reverse any kind of regulatory effort.

No, America is screwed . . . doomed to relive these events again and again . . . and taxpayers will foot the bill to bail industry out for its negligence and greed.

Hear, hear for the commission. Sure its recommendations will be ignored, never implemented, etc. But at least we got a relatively honest appraisal of the massively screwed up machinery that constitutes government in the US.
08:51 PM on 01/12/2011
This is an important topic that seems to be getting little attention. Where there should be public outrage there is little to none. It's no wonder our society is in decline.

What has happened to the American people? Even at the height of the informatio­n age the dress Paula Abdul wore on last nights show generates more interest than one of the worst environmen­tal disasters of all time.
08:22 PM on 01/12/2011
The gradually develping question: Is Obama in over his head, or simply a corporatist tool? My guess is that both alternatives have a great deal of credence. Answer: both a and b. The next question: should such incompetence be tolerated by the Democratic Party base? My answer: he should be dropped like an exploding oil platform.
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HUFFPOST SUPER USER
aligatorhardt
Cut on the bias
08:05 PM on 01/13/2011
The Democratic party represents industry, not citizens. If you think the President can overpower that then you must not understand the division of power in this country. I am not convinced that Obama is anything other than a corporatists himself based on his picks for the Cabinet, and his own actions. Changing the President will not cure this problem, but I am moving my support to the Green Party, so I will not vote for Democrats regardless of their next phony candidate. Look at what Clinton has done as SOS, and see her alliances. There are some good Democrats and perhaps a few good Republicans, but both parties have ignored the people for too long and show little chance of improvement.
08:10 PM on 01/12/2011
Dr. Cherry Murray, Dean, Harvard School of Engineering and Applied Sciences was a member of the Commission.

This entire article seems a classic case of ignoratio elenchi, and a false case of argumentum ad hominem, in that it made false claims about the qualifications of the members of the Commission.

The oil companies ignore the commission's conclusions at peril: liability for the next crisis will be effected by the conclusions, whether they are ignored or not.
07:56 PM on 01/12/2011
The oil and gas industry should be regulated and supervised in the same manner as the airlines. There should be a government body along the lines of the NTSB for the oil, gas and other energy related industries. There is no doubt that the stakes are just as high in the oil and gas industries as transportation industries. This regulatory body should have the power to create safety standards as well as enforce them. They should review all accidents, report findings and make recommendations that must be followed by any company wishing to do business in the USA.


The only way to improve gas and oil industry worker, public and environmental safety performance is to introduce safety standards through a centralized regulatory body and force every company to comply. If a company is found to cause an accident due to negligence they should face criminal prosecution as well as fines and damages without any cap on the amount of those damages.
ThinkCreeps
Seriously, it's time.
04:04 PM on 01/12/2011
What utter nonsense. The engineers on the panel know the industry backwards - the real industry, not their slow-witted gulf cousins.

While the necessary improvements in regulation may not be easy to achieve, I bid good luck to the next oil company and contractors who needlessly run up liability and cause loss of life in light of the recommendations.
05:45 PM on 01/12/2011
Not sure what you mean by this comment. No engineers on the panel. There were staff engineers who advised, but since industry wasn't brought into the process, acceptance of conclusions/recommendations not likely. That's the point.
ThinkCreeps
Seriously, it's time.
09:43 PM on 01/12/2011
I meant that the lack of gulf-based oil companies on the panel is an excellent thing. The industry allowed the accident to happen, and their lack of interaction and oversight is shocking.

You don't get much more engineer than Prof Murray.
T-Haight
What was wrong with federalism?
03:41 PM on 01/12/2011
Shocking - a president who calls out "fat cat bankers" and villifies business any time he thinks it will help him politically made yet another decision based on politics vice sound science.
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HUFFPOST SUPER USER
wjhamilton29464
Attorney, progressive activist and writer
03:27 PM on 01/12/2011
I don't buy this argument at all. Facts are facts. The industry would reject the report of God almighty issued it. The bought a new congress and all the academics and scientists on the market, entire college and university departments throughout the region in fact.

However, they will get sued. Their insurance companies are certainly going to raise their standards. They can't drill without insurance. Sophisticated investors don't want to see the value of their stock fall. They'll clean up to the extent that they have to. To the extent that they can buy off the political system they'll do as they please.

Drug Dealers don't like the FBI, but we don't resort to their counsel to produce reports they'll accept.
08:03 PM on 01/12/2011
The industry must be forced to comply with government safety standards. If there are no safety standards the the US government should develop some. Any company wishing to do business in the US should be forced to comply with these standards prior to beginning any operations.

The fact that this was not done decades ago clearly shows just how corrupt industry and government have been. Why do we even pay taxes when an industry capable of causing such horrendous damage and loss of life is allowed to do as they wish and place profits above all else?
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HUFFPOST SUPER USER
realitytrumpsbull
two 'alves of coconut!
02:09 PM on 01/12/2011
I want to know why we're still using oil, in the 21st century. People can argue 'til they're blue in the face, but until we see things like commercial vehicles kicked over to natural gas or biofuels, and a working business model, then it's all just a bunch of hot air and tap-dancing and an industry that's past its' prime and become a national economic liability trying to preserve its' status and legitimacy. I say put the oil business OUT of business. Import only what's needed to make synthetics and textiles or whatever, there, but as a fuel? We have the science to make the stuff 'go away'. Ok, so, stop wasting money on that, and start spending it on next-generation engine and propulsion technologies. Let's get to the point where the US has fought its' last energy war. And, to that end, I say take 100 billion away from 'defense', and put it into ground vehicle re-development. And, rail improvements. Rail is one of the most efficient means of moving crap from point A, to point B. Europe's all over that action, has been for decades. Their only problem is they still have too many cars on the road.  But, rail can help with that problem, too, trains are great people-movers. We can still have private cars, but the better our transportation concepts are, the less likely we'll have to see pictures of smog-shrouded L.A. freeways in gridlock, and the like.
01:46 PM on 01/12/2011
There didn't need to be involvement by the industry. The commission was supposedly an effort to figure out how to protect the rest of us from the industry.

The industry would argue against any recommendations that involve additional oversight and increased standards. The Republicans can be expected to support the industry over the rest of the nation at every turn. It matters not at all that the industry wasn't highly involved with the commission.
08:17 PM on 01/12/2011
I agree 100%.

For this report it was correct to keep the oil industry out of the mix. If the government handles this correctly they should involve the industry in developing safety standards that all companies must follow. Every company should have to comply with a single set of standards. Up until now these companies have been able to do whatever they want in regards to well design and safety. BP proved in this case that it can't even follow their own design and safety standards where profits are concerned. What they are getting away with is criminal negligence. If I were the US government I would make an example out of BP, Halliburton, Transocean and any other contractor found to be at fault. They would pay penalties that put fear into them so that this never happens again. I would also make BP responsible for every piece of equipment on the sea floor for 100+ years. If it fails they are at fault and pay any clean up costs and damages.

If an accident like this happens on another BP well the US government should sieze all US assets and revoke their right to do business in the US. If it puts them out of business then so be it.
11:29 AM on 01/12/2011
"I don't agree with all of the panel's conclusions as to who is to blame for the catastrophe..."

Yes. Because the ones who are really at fault here are the regulators and environmentalists who were drilling for oil for their own profit without the proper safeguards.

I don't give a rat's you-know-what if BP's feelings were hurt by the commission's report. I highly doubt that the industry's acceptance of the conclusions would have changed if there was an "industry insider" on the commission. It will cost money to change, that's the bottom line. No matter who tells them they need to cut into their profits to protect the environment, they are not going to do it without being forced. An insider on the panel wouldn't force them, or even embarrass them.
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Soulsurfer
Solar Electrician,Longtime Surfin'Fool
09:48 AM on 01/12/2011
You make some valid points, BUT, the industry has proven over and over that it can't regulate itself, and will fight regulations or find ways around them. Also, the regulatory departments weren't "outclassed", they were co-opted, bribed, and blatantly stocked with industry or political insiders. Oil and gas technology is indeed complex, but so are many other industries such as semiconductor manufacture, medical/pharmaceutical R&D, ad infinitum, and there ARE people outside of the industry who can understand it. The consequences of screw-ups in oil and gas drilling are what makes it stand apart from many other industries, and those consequences demand tight regulation in the face of corporate demands for profits above safety.
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HUFFPOST SUPER USER
tinyrainbows
09:37 AM on 01/12/2011
I love the part where the author admits that no one on the commission is an expert in the field. And we wonder why it is being ignored?
08:32 PM on 01/12/2011
I am sure the commission had some very bright people working on this report. The fact that there was no industry representation is not a problem and I am sure if there had been the industry response would have been the same. They want to continue without oversite as they always have.

What people don't seem to understand is that these companies will always place profits above all other concerns unless they are forced to do otherwise. This is exactly why we pay taxes. Our government was asleep at the wheel here so they have to take some blame. The question is what will be done to make certain an accident like this NEVER happens again? A slap on the wrist and a "please don't do it again" won't cut it. If you want to get the industry to pay attention then make an example of the players in this accident. Hit them with the hugest fines mankind has ever seen. Fines so big that the all of the CEOs are fired.