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My dad was a blue collar union man liberal Democrat who---gasp!---strongly believed in personal responsibility. One of his paternal admonitions was "'Sorry' don't feed the bulldog".
My civil servant mom would have phrased it: "Sometimes 'sorry' just isn't enough."
I thought of both of them today as I listened to the CEO's of BP, Transocean and Halliburton explain how each of the other two mega-corporations was actually responsible for the gulf oil rig blow-out and environmental disaster. Each offered their version of "sorry, but actually, it was these other guys who somehow failed us all."
Some screw-ups are truly irreparable. No amount of good intentions or money can make some things right. This deepwater disaster may prove to be one that simply can't be fixed. We just don't yet know. But, everyone does know that THEY---all of them---are responsible for this terrible and forseeable failure. No one really gives a damn who was "primarily" or "mostly" at fault. They were ALL at fault and the law provides a way to let THEM worry about who pays what portion of the damages resulting from their shared negligence. As mentioned above, it is called "joint and several liability". It works like this.
Assume, just for the sake of this example, that the total damages amount to $150 billion. Judgment is entered---"jointly and severally" against all three defendant companies for the entire amount. Those damaged can collect their damages from whichever of the three it is most convenient for them to reach. If one company is cash-rich and located in your state, you can collect all of your judgment from that one company. If one or two companies wind up paying more than their $50 billion "share" of the judgment, it is up to THEM to chase the other(s) to recoup their overpayment.
The theory is that all three are "wrongdoers" and, if anyone should be inconvenienced, it should be them, not those they injured by their negligence.
The Federal government should intervene in this environmental emergency and dig 100% of EVERYONE'S damages out of all three corporate treasuries. If that means putting one or more into receivership and liquidating their assets, so be it. That should set the appropriate tone for the adoption and implementation of REAL oversight regulations for all drilling operations in or near our country.
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