Oil, water and law don't mix: environmental liability for offshore oil and gas operations in the UK Part Ⅰ: Liability in the law of tort/delict and under the petroleum licence

摘要

More than three years after Deepwater Horizon, the legal repercussions of that disaster continue to unfold. Transocean, the drilling contractor that owned and operated Deepwater Horizon, has pleaded guilty to a criminal charge brought under the Clean Water Act alleging the negligent discharge of oil into the Gulf of Mexico. It has accepted a criminal fine of $100 million and the payment of $300 million of criminal recoveries in a settlement 'structured to directly benefit the Gulf region'. Transocean also accepted that it will be subject to a five year probationary period, during which key elements of its work will be monitored and reported upon by persons appointed by it for this purpose. The company has also settled a civil suit taken under section 311 of the Clean Water Act. The section provides for civil penalties of up to $25,000 per day of violation or an amount of up to $ 1000 per barrel of oil discharged, penalties which may be increased (to $100,000 per day or $3000 per barrel) if gross negligence is established, but may also be reduced to take account of factors such as any attempt by the defendant to mitigate the effect of the spill. Transocean settled this suit at a cost of $ I billion.