Federal judge Barbier ordered Anadarko, a non-operated partner in the Macondo well in the Gulf of Mexico when in blew out in 2010, to pay a fine of $159 million for its role.

Tonight at 9:50 pm will be the 5th anniversary of the worst blowout in US history that took the lives of eleven men and spilled over 5 million barrels of oil into the Gulf of Mexico. At the height of the crisis in the late spring of 2010 we, as a society, had a moment in time to grapple with our energy future fueled by an insatiable appetite for hydrocarbons. The moment passed, and we failed seize that moment. In true form our elected leaders simply kicked the can down the road, confident in the short memory and shallow engagement of the American electorate in issues that are critical and generational to all of us. After a brief interlude and re-arranging of deck chairs, the US government resumed issuing deepwater drilling permits with no substantial improvements in drilling technologies or requirements.

Today, BP is still in court fighting the US government about its own culpability in the blowout, and even went all the way to the Supreme Court appealing the financial settlement agreement that it had negotiated three years before, claiming the company didn’t really mean to agree to what it agreed to in the original settlement. The Court rejected it’s appeal last December. Government agencies, as well as the press, have gone easy on BP in recent years, having long since moved on to the latest contestants on The Voice and breathlessly reporting on the ebola outbreak in Africa, at least up to election day last November.

BP’s biggest accomplishment since the blowout? Succeeding in obfuscating the amount of oil that flowed into the Gulf of Mexico for the 87 days in 2010. The amount of oil that fouled the Gulf will determine the amount of the fine that BP will ultimately pay. Even though BP had equipment on site in the Gulf to contain the entire flow of the well, BP never actually captured (or measured) 100% of the flow. Not measuring total flow allowed BP to argue that we really couldn’t calculate the actual number of barrels that spilled, and that argument worked. Consensus from the scientific community was that the well flowed over 5 million barrels into the Gulf (4.2 million after collection efforts). BP argued that mysteriously it was only 2.5 million barrels after collection. In January, Judge Barbieri in New Orleans split the baby, calling it 3.2 million barrels. The lower number will save BP billions of dollars in fines. After getting a huge break from the court, BP, of course, is appealing. The company is also arguing that its US unit can only afford to pay $2.3 billion or it will go insolvent, ignoring it’s parent’s global presence and resources. The court battles continue.

As long as we burn hydrocarbons to fuel our economy, and that is for the foreseeable future, we must find those hydrocarbons more safely. That includes extreme deepwater environments where the margin for error is narrow, if not zero in certain conditions. Earlier this month, almost 5 years after the BP disaster, the BSEE (Bureau of Safety and Environmental Enforcement) issued proposed rules touting improved safety standards, but these rules really just codify current drilling practices adopted after the blowout. It does improve blowout preventer centering capability, a key failure in the BP blowout, and increases accumulator size that increases capability to close the BOP. It also mandates redundancy in shear rams by mandating a minimum of two shear rams in the stack. All that helps, but the real problem here? Congress. Congress has been MIA since the 2010 elections, killing all legislation to put new rules into law or increasing the statutory limited for liability which is still pegged at $75 million as it has been since adoption in 1990. As long as Congress shirks its responsibility to govern, all these changes made to offshore drilling safety can easily be undone by a future president more friendly to the oil and gas industry.

We are at the 5 year mark from this tragedy. Unlike virtually every other developed country on the planet, there have been no proposals from our government for comprehensive US energy policy. Many states are seeking to undo clean air standards and kill alternative fuels including wind and solar. With oil price now in a 50% decline, burning of hydrocarbons continues unabated, and our politicians are clearly more concerned for their own re-election and satisfying their largest donors who are contributing into huge dark pools of money than actually governing. I fear that we are, once again, at risk for another Macondo like event. When (not if) it happens again, my fervent hope is that the American electorate finally wakes up and demands accountability from those who represent us. I’m not optimistic. I mean, after all, Dancing with the Stars is on tonight.

Note: The Great Invisible, the award winning documentary about the the BP oil spill and its aftermath airs tonight on PBS’s Independent Lens. The film was produced by Peabody winner Margaret Brown. I was proud to play a small part in the making of the film.

Cross posted on the Huffington Post.

Federal Court Won’t Rehear BP Appeal

Friday, the 5th Circuit voted 7 to 6 to not rehear an appeal by BP that they should not be liable under Clean Water Act fines, because oil didn’t actually leak from the Macondo well, but from the severely damaged riser connected to the sunken rig.  The assertion was laughable, but still pushed by BP.  The only remarkable thing about this decision was that 6 federal judges actually agreed with BP.

Transocean files motion claiming that BP lied about flow rate, and the well could have been killed 2 months earlier.

Rig owner cites BP’s low flow estimates – Houston Chronicle.

As I have talked about for several years now, bad cement job does not equal blowout.  I have never believed that responsibility, and ultimate liability, fell on Halliburton.  BP is the operator of record.  It is their responsibility.  The conduct of Transocean certainly contributed, but ultimate responsibility falls to BP.

BP Witness Testimony May Save Halliburton Billions | gCaptain – Maritime & Offshore News.

Federal Judge Sarah Vance in New Orleans approved its settlement agreement with the Justice Department yesterday.  Not everyone is happy, however.  Ashley Manuel, the daughter of Blair Manuel, one of the 11 workers killed by the blowout on April 20, 2010 said,

“If I had my wish it would be that the three representatives from BP who sat in my grandparents’ living room and lied to my face about the accident would sit in jail and feel the same pain and loss I feel.”

Judge Approves BP Criminal Settlement Over Gulf Spill – NYTimes.com.

Transocean to pay $1.4 billion in fines for Macondo blowout, spill – Oil & Gas Journal.

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