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May 22, 2013
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The Capitalist Hagiography Has Little Room for SaintsPosted on May 5, 2010
This article appeared previously on The Huffington Post. Perhaps the most enervating element of the BP-Deepwater Horizon disaster is its eerie familiarity—the sheer, inexorable predictability of it all. There is poetic injustice in its propinquity on the calendar to the Obama administration’s decision to expand offshore drilling last month, and to the Supreme Court decision just this year that further did away with any distinction between ‘corporate rights’ and ‘individual rights’. Equally predictable is the route the story will take, the revelations that will arise, and the conclusions that will be reached. Talk of lax regulatory standards already runs rampant through a wide array of media outlets. Righteous cries of ‘I told you so’ resound. Surely this disaster was avoidable ... it must have been. But from Goldman Sachs to Massey Energy to—now—British Petroleum (and, unsurprisingly, possibly Halliburton), how much will things change? Ultimately the recourse is dictated by the laws we already have in place. And constantly these laws and regulatory structures turn out to have been rendered obsolete and toothless by precisely the entities they purport to oversee. The gulf story will likely be no more about corporate corner-cutting than a broken political system—the recurring motif of this year. And regrettably, in a nation that incarcerates people by the hundreds of thousands for victimless crimes of self-indulgence it is yet inconceivable that those who wreck global ecological and financial systems could ever suffer anything exceeding the “cost of doing business.” When a corporation falls short of regulatory standards it does not do so accidentally or unwittingly. Rather, it is a calculated choice based on risible enforcement efforts and piddling penalties passed by legislators on the political take. Massey Energy’s Upper Big Branch explosion that left 29 miners dead last month was a teachable tragic moment. As Mine Safety and Health News’ Ellen Smith thoroughly documented here at HuffPost and elsewhere, dozens of past violations did nothing to alter the toxic cynicism that prioritizes profit margin before safety and lives. Whether those pointless deaths and the pressure from survivors’ families will yield real changes to that reality is yet to be seen. But either way, the likelihood of true justice for this incident seems low. As Smith writes, “Curiously the only individuals who might be held personally liable under the Mine Act for the current disaster are the mine supervisors and foremen. There are no provisions to hold accountable those people who are responsible for safety policies and procedures, or the corporate executives who insisted it was more important to ‘run coal’ than to build ventilation controls, or the board of directors, which is ultimately responsible for the conduct of the corporation.” Advertisement Beyond the costs of actual clean-up, will BP suffer in the long run? Will Americans stage mass boycotts against the company through consumer discrimination? Will it become the industry pariah that politicians ostracize, even if it provides jobs in their states and districts? Don’t count on it. With gasoline prices already on the uptick and likely to rise more going into the summer season the lowest price per gallon will sell, no matter who you are. This is why the greed always pays off, and it is why neither producer nor consumer can realistically be expected to fix things. Solutions must come from an intermediary in the form of good governance. Unfortunately we can’t count much on that these days either. It is little wonder that our regulatory structures are so reliably unreliable. And even if there turns out to have been no regulatory failure in the case of BP, the resolution and restitution regime for disasters of this scale is obviously lacking. The fact that OpenSecrets.org—the Center for Responsive Politics website that closely tracks political contributions and special interest “heavy hitters”—is suffering site traffic overloads this week is telling. OpenSecrets does indeed label BP a heavy hitter because in the 2008 election cycle it “contributed half a million dollars to federal candidates. About 40 percent of these donations went to Democrats. The top recipient of BP-related donations during the 2008 cycle was President Barack Obama himself, who collected $71,00.” It also reports that in 2009 BP spent $16 million on lobbying and that in the first quarter of 2010 it’s already expensed $3.53 million for the same purpose, putting it second behind ConocoPhillips for the industry. Though it’s chump change in BP’s overall budget, half a million bucks in an election cycle can go an astoundingly long way. In their “Iceberg Theory of Campaign Contributions” [pdf], Marcos Chamon of the IMF and Ethan Kaplan of Stockholm University explain the power of special interest threats (made far more credible by Citizens United) as a part of lobbying and electioneering. It basically goes as follows: We’ll give two-thousand bucks to your reelection campaign, but if we’re not pleased with your vote, we’ll give your challenger ten. Taking into account the leveraging that goes into these threats (spending $2,000 for $12,000 of influence), $500,000 all of a sudden becomes much, much more. Chamon and Kaplan cite the U.S. sugar industry for their example, which in 1998 turned $2.8 million in campaign contributions into over $1,000,000,000 in federal subsidies. And sugar doesn’t even compare to “black gold.” Firms like BP, Massey and Goldman Sachs (to name Public Enemies one, two, and three these days) are the definition of a “special interest.” There is no political, ideological or religious component to their wants. It’s all about the money, and no potential friend on the Hill is precluded. Legislators from both parties enter office with implicit agreements all the time to include this or that subsidy, or to go soft on this or that regulation to hold up their end of the bargain with their electoral benefactors. And when it’s all told one is left with bodies of legislation that appear to be (sometimes actually are) written completely for and by the industry itself. BP will hang its head for now, but when the class action lawsuits come rolling in from the industries destroyed by Deepwater Horizon, don’t expect to see an overly munificent defendant ready to make amends. And don’t expect it to not scapegoat the owner of the rig, Transocean, Ltd. In the end, John Galt will always capitalize and Joe Six-Pack will always look for the best bargain. Ignoring rudimentary economic axioms won’t change anything. If corporations may participate in political expression, will they also be subjected to potential political or criminal repercussions that make the cost of doing certain kinds of business too much to even consider? Will “limited liability” continue to apply to unethical and illegal behavior as well as investment? Will stakeholders such as employees, customers and the surrounding environment be kept in mind alongside profits? The compounded frustration with BP, Massey, Goldman and anyone else lurking behind the next crisis will shunt many important questions like these to the forefront of policy discussions. But in the background will always be the money that oils the gears of a perversely incentivizing political system. Until that sees fundamental change, mine ventilation could easily remain inadequate, emergency stop valves optional, and casino-style financial products hidden in the shadows. New and Improved CommentsIf you have trouble leaving a comment, review this help page. Still having problems? Let us know. If you find yourself moderated, take a moment to review our comment policy. |
By garyrose66, May 10, 2010 at 9:14 am Link to this comment
The British Petroleum Corporation has, through risk management failure, just created what will become the worst environmental disaster in American history. Something must be done to prevent this from happening ever again. If we don’t want to specify regulation to mitigate corporate generated risk, then we must at least utilize the simple and basic principle of risk transfer: industry needs to hold the United States harmless for the true cost of their risky operations within our borders. BP should have installed functional blowout protection devices that would automatically arrest the flow of oil out of the well at the ocean floor in the event of disaster at the surface. Did BP consider non-functional blowout protection devices worth the risk to their entire company? Obviously, BP did not consider safety device failure. BP’s own 2009 environmental impact report for this production site insisted that a major oil spill from their project was unlikely. Their leadership still, most damningly, insists that the disaster was “unforeseeable.” This is pure crap.
Report thisIf they had managed the risk of device failure as if it was a hundred billion dollar decision, perhaps functional devices would be in place today. But in either case, the oil is spewing unchecked into the gulf. However, if BP and its cohorts in this environmental crime do not pay for the full and true cost, we are allowing them to externalize the true cost of a global level disaster. This means the taxpayers of this country will be heavily subsidizing BP and cohorts for their incompetence now and far into the future. BP claims it will pay “legitimate costs,” which is corporate speak for “here come the lawyers to shield the company from paying anything.” Those who are concerned about Federal deficits are going to have to swallow big time public sector payments to handle this one. Will BP reimburse the taxpayers for all these direct and indirect losses and when will it start paying? Are they going truly hold the US harmless for the full and complete costs of the global scale devastation they have caused by simple failure to manage spill prevention risk? Irrespective of whether you favor heavy regulation of risky industries with strong specification standards or letting them do it themselves (although it is obvious this method doesn’t work at all), how can anyone favor continued externalizing the true costs of their actions? If we do not absolutely create an ironclad liability that corporations must fully and completely hold the US fully harmless for the risks they create while they are making vast profits within our borders, before they cause disaster we are subsidizing corporate failure and subsidizing corporate sponsored devastation. Perhaps because here in the US, corporations such as BP or Massey mining or Lehman Brothers exist in a cocoon of taxpayer sponsored externalization of risk, they don’t really feel the need to protect both themselves and us from their cavalier failure to manage risk that devastates far beyond the reaches of the corporate headquarters. If a real person was now being held in custody for the crime of blowing up the oil platform and causing 11 employee deaths and this global scale environmental destruction, he would be called a terrorist. What would the penalty be? Over the past ten years BP has clearly demonstrated they are serial occupational killers, and serial environmental destroyers. We cannot execute the BP Corporation for this massive crime against our planet, our country and our people, but we should certainly not subsidize them either. When you watch the news reports over the next few months play out with all the frantic and ultimately useless efforts to corral and sop up oil, think of how much this is costing the taxpayers of this country and the species of the planet. We should make BP and any other corporation like them use the vast profits they are extracting from us and pay us back in full.
By dissentispatriotic, May 9, 2010 at 8:45 pm Link to this comment
RE: Lesley Palmer, May 8 at 3:49 pm
Very well said. Reducing demand is critical. All of this regulation is like
a band-aid on a blimp. If we don’t fund them, they can’t exist. We the
“consumers” are driving the demand with no self accountability. Wasn’t the
oil embargo in the 70’s enough of a red flag that this limited resource was dwindling, even then? And now we’re going farther and deeper to get it. It’s
like a defective roller-coaster careening toward doom, but for some reason
no one else wants to get off. Is limiting personal driving by half (easily
done in areas with mass transit) totally out of the question, or will we all
just stay on the ride?
We do need good regulation but they can’t fix a problem that we have created
and continue to exacerbate by our own unreasonable actions. One of my
friends always says “one of these the world will shake us off like fleas”,
and she may be right.
Thank you again
Unnatural Selection is not a bad film either.
Report thisBy liberalpatriot, May 8, 2010 at 1:42 pm Link to this comment
my wife always said god has movies and other forget that news has video….
Report thisBy patriotliberal, May 8, 2010 at 1:31 pm Link to this comment
(Unregistered commenter)
may god is trying to tell us something and it has nothing to do with who marries
Report thiswho…..
By Lesley Palmer, May 8, 2010 at 11:49 am Link to this comment
(Unregistered commenter)
If you want to know how global corporations evade regulation and destroy opposition watch “Food Inc.”
All a corporation has to do is to sue you, intimidate anyone that supports you by also threatening to sue (effectively isolating and marginalizing you), bankrupt you with legal fees and you will effectively be ruined and silenced.
Think you can fight the power? Watch this film. Yes, we can express our “opinions” and fight amongst each other on matters of “principle”, but in the end corporations are not bothered by the chatter. It is only when we threaten to limit their profits and their ways of doing business that they spring into action.
Don’t think it’s true? Complain to a corporation about a product and they will give you free samples. Expose their practices and they will respond with a bland and measured press release. Mess with their bottom line and they will go to war with you and unless you have an endless supply of cash, you will be crushed. It is never a passionate defense of capitalism that drives them, au contraire mon ami, it is an Nazi SS-inspired exquisitely planned series of bullet points leading to your extermination. And then they’ll go to lunch.
Report thisBy dennis, May 7, 2010 at 4:29 pm Link to this comment
(Unregistered commenter)
I swear one day the government will outsource the man who carries the suitcase with the nuclear codes. Then the world will end when that moron man or woman says,“Gee, I wonder what this button is for.” That will not be an accident but an inevitable progression only no one will be around to analyze it.
Report thisBy dissentispatriotic, May 7, 2010 at 3:07 am Link to this comment
We could all also make a concerted effort to curb our consumption.
Report thisThe driving force behind this problem is our demand after all. Is
that unrealistic? Or are we just unwilling to change?
By Eugenio Costa, May 7, 2010 at 12:44 am Link to this comment
For both environmental and economic reasons, US oil needs to be nationalized immediately, and the price of oil disattached from USD.
There is no other choice.
There is also no reason whatever that a foreign company should be drilling offshore at all, whether shallow or deep.
Report thisBy dissentispatriotic, May 6, 2010 at 8:49 pm Link to this comment
felicity:
Shout out to felicity for her brilliant solution! Right to
Report thistheir doorstep!
By dissentispatriotic, May 6, 2010 at 8:44 pm Link to this comment
Halliburton’s Katrina:
STORY LINK HERE:
http://www.sott.net/articles/show/207801-Gulf-of-Mexico-Oil-Spill-Shows-
Disastrous-Legacy-of-Halliburton-and-the-Real-Cost-of-the-Oil-Era
I pulled this link off of a post on another thread. Apparently, Halliburton is
the contractor responsible for the “rig cementing” on the Deepwater Horizon
and had completed the work just 20 hours before the blowout. Guess what. Rig
cementing is the most common cause of rig blowout.
Hey, anybody seen our nation’s soul. I can’t seem to find it. Oh, there
it is covered in hundreds of thousands of gallons of crude oil. Amazing
how so many bitter political rivals are all sharing the same revolving
door. I mean why would the oh so liberal Obama administration support off-
shore drilling? And will they still be doing lucrative business with an oh so
conservative and evil company like KBR (Halliburton) if they are responsible?
Whether it was Halliburton cement or a failed blow-out valve manufactured by
Report thisCameron International (more right-wing cronies), the “perps” will never be
held fully accountable by this or any other administration. I mean, the LL in
LLC does mean limited liability. And even if we have the Obama administration
to thank for bringing the actual severity of this spill to light, they support
this type of off shore drilling and will remain complacent in doing business
with companies like BP and Halliburton. They can share in the big blame
bonanza too. It is ample enough for everyone. The thing that sickens me most
is that even this horrible tragedy is being slanted for political gain.
Apparently, we would rather poison our own food sources than be wrong.
By gerard, May 6, 2010 at 2:10 pm Link to this comment
Please note the sanitized rhetoric in Mr. Whatley’s conclusions. Where he could be driving his main point home—how to bring about essential changes toward better regulation in terms that are easy to understand, he clouds the issue with difficult language:
Report this“Will stakeholders such as employees, customers and the surrounding environment be kept in mind alongside profits? The compounded frustration with BP, Massey, Goldman and anyone else lurking behind the next crisis will shunt many important questions like these to the forefront of policy discussions. But in the background will always be the money that oils the gears of a perversely incentivizing political system. Until that sees fundamental change, mine ventilation could easily remain inadequate, emergency stop valves optional, and casino-style financial products hidden in the shadows.”
Do ordinary people understand:
1. they are “stakeholders” or “customers” .. to be “kept in mind”
2. And that “be kept in mind”—Doesn’t the situation require a bit stronger notice than merely being kept in mind?
3. do ordinary people know what “compounded frustration” means?
4. does the article give any indication whatever of just how ordinary people might “shunt themselves to the forefront of policy discussions”?
5.Do they have any idea what “perversely incentivizing? means?
4. And the final evasion—the odd use of the word “sees”—rather than an active verb such as “until you DO SUCH AND SUCH (spellING out what needs to be done about mine ventilation and stop valves)
5. How does “casino-style financial products” relate, exactly.
This kind of language puts people off because it is too indirect and difficult. People need information given simply and directly, not obfuscated attempts at literary grandeur. If reading material is to be available to “the public” it will have to be written (not simple-mindedly) but clearly and directly. IMO
By Paul J. Theis, May 6, 2010 at 11:26 am Link to this comment
re “the sheer, inexorable predictability of it all”
Obama = Big Oil’s dupe
“It turns out, by the way, that oil rigs today generally don’t cause spills,” Obama had said on April 2. “They are technologically very advanced. Even during Katrina, the spills didn’t come from the oil rigs. They came from the refineries on shore.”
[NPR.org, May 5, 2010, by Debbie Elliott and Scott Horsley]
Consider: “In 2008, one of the most common lines of misinformation used by media conservatives favoring the lifting of the moratorium on certain offshore oil drilling was the false notion that no oil was spilled offshore as a result of Hurricane Katrina.
“Their strategy was quite simple…if they could convince people that there was no oil spillage offshore, even during the havoc brought by Hurricane Katrina, then they could convince people that offshore drilling was relatively safe for the environment.
Drill baby, drill!”
[Media Matters, April 29, 2010, by Karl Frisch]
The truth: “In fact, according to a 2007 report prepared for the U.S. Minerals Management Service by the international consulting firm Det Norske Veritas, damage related to Hurricane Katrina resulted in 70 spills from outer continental shelf structures with a total volume of approximately 5,552* barrels of oil and petroleum products, including damage to 27 platforms and rigs that resulted in the spilling of approximately 2,843* barrels of petroleum products, including 2,252 barrels of crude oil and condensate. Damage to 43 pipelines resulted in the spilling of approximately 2,710* barrels of oil and petroleum products.
“Further, regarding the combined impacts of hurricanes Katrina and Rita on outer continental shelf structures in the Gulf of Mexico, the report stated, ‘124 spills were reported with a total volume of roughly 17,700 barrels of total petroleum products.’ The report further noted that ‘about 13,200 barrels were crude oil and condensate from platforms, rigs and pipelines, and 4,500 barrels were refined products from platforms and rigs.’”
[Media Matters, June 27, 2008]
Does President Obama get his information from FOX News? How sad to think that his recently announced pro-drilling policy was based on misinformation.
Report thisBy aview999, May 5, 2010 at 3:13 pm Link to this comment
(Unregistered commenter)
“The Crazy Lady, of whom it was revealed has ties to Big Oil.
http://palingates.blogspot.com/2010/02/sarah-palin-doesnt-believe-in.html
“And of whom has ties with criminal elements in Giddings and Tyler Texas (along with Glenn Beck and Sean Hannity)
http://palingates.blogspot.com/2010/05/sarah-palin-and-glenn-beck-complain.html
“And of whom her PAC treasurer runs a shady political dirty tricks organization.
http://palingates.blogspot.com/2010/05/timothy-crawford-and-new-models-shady.html
“This SarahPAC treasurer’s organization claims to be a non-profit 501(c)(4), but a nonprofit web identity, but “has not registered as a nonprofit, has no board of directors, and no paperwork on file with the IRS or the Federal Elections Commission”.
‘Alaska’s ‘First Dude’ takes leave from BP job’
http://www.adn.com/2007/08/22/198124/alaskas-first-dude-takes-leave.html
‘Palin urges ‘yes’ vote on TransCanada pipeline plan’
Report thishttp://www.adn.com/2008/05/29/420067/palin-urges-yes-vote-on-transcanada.html#ixzz0n5m5s3i0
By felicity, May 5, 2010 at 12:42 pm Link to this comment
How about this scenario. The zillionaires ultimately responsible for this tragedy must own and live in mega-zillion dollar estates lining the Gulf. Assuming they do, how about directing all that floating gunk so it ends up at/on their ‘doorsteps.’
Oil-soaked water lapping at their private beaches, their mega-docks, their pristine mega-yachts, not to mention all the oil-soaked, dead sea life lying on their oil-soaked sand would definitely spoil the view (frolicking in the surf would be rather unattractive too) from their 50,000 square-foot mega-mansion.
Unfortuate but true, until it hits home and hurts like hell we humans commonly find little reason to change our behavior.
Report this