Journal of Environmental Law & Litigation : Vol. 26, No. 2, p. 509-534 : Administering America’s Offshore Oil Fields: How Fewer, Performance-Based Regulations Can Produce Better Results
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Date
2011
Authors
Orth, Derek
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon School of Law
Abstract
Part I of this Comment introduces the facts behind the BP disaster
and compares the legal and legislative reactions to the Exxon Valdez
and the Deepwater Horizon spills. Parts II–III document the
development of the 1990 Oil Pollution Act and consider the Act’s
effectiveness in preventing offshore spills. In Part IV, this Comment
investigates current legislative reform efforts and explores their
potential for effectiveness. Part V delves into the history of the
Minerals Management Service and explains how its contradictory
mission and subsequent regulatory failings contributed to the
Deepwater Horizon disaster. Parts VI–VIII compare and contrast
prescriptive versus performance-based regulatory regimes, utilizing
the British and Norwegian models as case studies. Part IX advocates
for the implementation of a performance-based regulatory regime in
the United States and considers the feasibility of utilizing
administrative rulemaking to accomplish this goal. Generally, this
Comment will touch upon how partisan legislation and overly
prescriptive regulations have halted effective safety improvements
and technological development in the American offshore oil industry.
Description
26 pages
Keywords
Petroleum in submerged lands, Offshore oil fields
Citation
26 J. ENVTL. L. & LITIG. 509 (2011)