Should BP Be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed After the "Deepwater Horizon" Accident?

Shavell, Steven

Journal: Vanderbilt Law Review

Volume: 64

First Page: 1993

Year: 2011

Bluebook Citation: 64 VAND. L. REV. 1993 (2011)

Author: Steven M. Shavell: all 40 publications


Abstract

In the aftermath of the Deepwater Horizon accident and the BP oil spill, the government imposed a moratorium on deepwater oil drilling in the Gulf of Mexico. The issue addressed here is whether, on grounds of policy, BP should be held responsible for moratorium- related economic losses. The answer that is developed is no. The reason, in essence, is that, although the spill caused the moratorium, the moratorium might be viewed as a socially beneficial event on net because its purpose was to avert a significant danger.

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