John Cole puts together what I think is a pretty accurate rationale for why BP is acting the way it is right now:
BP is just acting rationally, if you ask me. They’ve looked at the landscape, realize that even if they get sued for a shitload, the courts will strike it down as unfair, and they know they have nothing to fear from the government because both parties are littered with politicians they’ve completely paid off, and they know damned well that one major party wants to get rid of the EPA and the blue dogs in the Democratic caucus would join them, so they have no reason whatsoever to listen to that agency. Basically, the rational decision for any corporation in this country is to do whatever the fuck you want, because there simply won’t be any consequences. They have a lot of shareholders who will look the other way, a country desperate for oil, politicians completely in their pocket, and they can afford better attorneys than the poor bastards who used to catch shrimp in the Gulf.Note: I would quibble with the highlighted bit insofar as the only companies that are able to get off scot-free are the ones with the pockets deep enough to pay off everyone in sight (which is implied).
Update: See below in the comments for more info on what I meant by the above. This post by Mistermix can also help add a little context:
The Economist:
The spill has so far cost BP $760m dollars. The company’s stock has fallen by a quarter. That was inevitable. What was not inevitable is the damage the company has done to its own reputation by continuing to lowball its estimates of the magnitude of the spill.One of the beauties of being part of an oligopoly is that you don’t have to give a damn about your bad reputation. Sure, BP is going to have a few down quarters, and they’ll spend millions on ads and re-branding. But they’re not in any kind of mortal danger, in part because oil is a commodity where brand doesn’t really matter, but mostly because the sound and fury being emitted by Congress and the Obama Administration will amount to nothing.
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It's hilarious to pretend that as soon as news of the spill broke BP didn't do EVERYTHING WITHIN THEIR POWER to plug it.
All the negative publicity, loss of future profits, and hit to their stock since 26 April is very bad for the company.
Sure I think they should be held liable for more damages here. That ought to have been the incentive that prevented them from taking shortcuts in the first place. Liability caps are a crock; companies should stand a risk of going bankrupt or have to pay for expensive insurance when they risk being responsible for a disaster of this magnitude.
But the idea that it's somehow "rational" for BP to dally AFTER the spill is fucking stupid.
All the negative publicity, loss of future profits, and hit to their stock since 26 April is very bad for the company.
All very stern-sounding things to have happened, to be sure. Unfortunately, you're f'ing nuts to think that this disaster will have ANYTHING to do with their short-/medium-/ or long-term profitability. proof? well, i think this graph of Exxon's stock price before, during and long after the Exxon Valdez spill sums it up nicely:
<img src="http://img185.imageshack.us/img185/7425/exxon.jpg">
A loss of profit from a spill like this doesn't imply a loss of all profit. It's a loss relative to what it would have been….
BP invested in a reputation for environmental friendliness that's been destroyed. Their stock has lost a quarter of its value by now. Their profitability is sure to go down in the short and medium term in ways that would have been much better mitigated had they been able to seal this spill quickly.
They will probably muddle through, I'm not predicting any kind of disaster or punitive justice to your satisfaction. But to pretend that it's "rational" for them to build up all this bad press with an huge interminable leak if they could have stopped it sooner is truly stupid. They're doing all they can.
i think you're confusing BP with Toyota. one is primarily a customer-driven enterprise and the other is primarily a commodities exploration and wholesaling company. when toyota fucks up, its profits (both short term and long term) take a big hit because people lose faith in their product. when BP fucks up, sure they lose a few hundred million in the short term -- or maybe a billion or two (i.e., peanuts) — but their long-term prospects continue to be just peachy -- especially because they've bought off scores of politicians around the globe who are addicted to both the oil money AND the oil that BP wholesales into the global supply.
and p.s., I'm not saying it's "rational for them to build up all this bad press" in isolation. i am, however, saying that it is not at all likely to result in much more than a quick blip in its overall cash flow situation long-term.
just think about the economic calculus that went on at BP for a second. it is quite obvious that BP calculated the fact that it would face a certain limited amount of liability and exposure if something went wrong, in connection with their decision to not employ additional safety measures to protect against a situation like the one that occurred. this is along the lines of the "how much is a person's death worth" calculus that the car companies used to blatantly employ when deciding whether to improve car safety. consider this especially in light of the fact that the only proven solution to stopping a deep-sea blowout like the one in the gulf of mexico is to drill a relief well at the same time as the primary well is being drilled (i.e., if a blowout happens at the primary well, the relief well can be kicked in to relieve the pressure and quickly stop the leak). this isn't news to anyone — the canadian government has required precisely this for decades. why doesn't BP employ this method without the heavy boot of government telling it to? i think we all know the answer to that.
Okay, I think your "acting the way it is right now" (as opposed to how it was acting in the past? else why the "now" ?) combined with nonsense like Ken Salazar's "missing deadline after deadline" got me thinking that you thought it "rational" for them to just let this keep spilling rather than putting all their efforts into closing it down.
If all you and John meant was it's rational for them to not take more precautions against this happening to begin with, that's probably true. But if it's true it doesn't imply that we need a bigger regulatory state. Rather, we need less: liability caps are corporate welfare, as any real libertarian (vis a vis corporatist) will tell you.
now you understand where i'm coming from :) . by the way, that $75M cap isn't most of what I'm talking about. part of what i'm talking about is the fact that supreme court struck down most of the monetary exxon valdez verdict as excessive.
one further point to my comment above, as i was thinking about it more — consider the role of government when it comes to guarding against truly catastrophic losses that only happen once in a while: the valid role of government in situations like this can be to FORCE companies to price in externalities that they would otherwise just plug into the calculus and say "meh, some deaths/environmental damage every once in a while is ok" (e.g., car companies valuing the cost of a few hundred human lives over time vs. the cost of a few-thousand-dollar safety measure per car; or BP valuing the liability exposure of a rare spill against a few billion in safety measures over time; or cap-and-trade [or a similar alternative]). this is the role the canadian government plays in forcing drillers to spend some extra money on drilling a relief well at the same time as the primary well.
And why should BP face consequences when nobody else seems to? Dick Cheney had people tortured and illegally spied on Americans. No accountability. The Catholic church has been systematically enabling child rape for years without accountability. Is it any wonder that cheating is epidemic in our nation's schools? We all seem to have agreed to look the other way on certain classes of crime while throwing the book at others (e.g., anything to do with drugs).
Remember, only the poor people get prosecuted
If you have the power, you're above the law.