Journal of Environmental Law & Litigation : Vol. 26, No. 2, p. 535-570 : Addressing the Regulatory Collapse Behind the Deepwater Horizon Oil Spill: Implementing a “Best Available Technology” Regulatory Regime for Deepwater Oil Exploration Safety and Cleanup Technology
Bush, Brittan J.
The Deepwater Horizon spill exposed a variety of regulatory failures by the federal government. After the spill, critics attacked regulators for an inadequate environmental review process under the National Environmental Policy Act (NEPA). Policymakers also attacked the Minerals Management Service’s (MMS) numerous conflicts of interest with the oil industry. This Comment, however, focuses on the federal government’s failure to implement a regulatory regime mandating adequate safety and cleanup technology in deepwater oil exploration. Ultimately, this Comment seeks to remedy this failure by proposing a regulatory regime that implements a Best Available Technology (BAT) standard for deepwater oil exploration safety and cleanup technology.