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Oil From the Exxon Valdez Spill Still Lingers On Alaska Beaches

An anonymous reader writes "It's been 25 years since the Exxon Valdez dumped 11 million gallons of crude oil in Prince William Sound, and you can still find oil sticking to rocks. Worse yet, scientists say the oil could be around for decades yet to come. From the article: 'There are two main reasons why there's still oil on some of the beaches of the Kenai Fjords and Katmai National Parks and Preserves in the Gulf of Alaska, explains Gail Irvine, a marine ecologist with the U.S. Geological Survey and lead researcher on the study. When the oil first spilled from the tanker, it mixed with the seawater and formed an emulsion that turned it into a goopy compound, she says. "When oil forms into the foam, the outside is weathering, but the inside isn't," Irvine explains. It's like mayonnaise left out on the counter. The surface will crust over, but the inside of the clump still looks like mayonnaise, she explains.'"

261 comments

  1. Mandatory Homer Simpson Response by Biff+Stu · · Score: 1, Offtopic

    Mmmm....Mayonnaise.

    1. Re:Mandatory Homer Simpson Response by Joe_Dragon · · Score: 0

      I will pay you $100 to take the blame

    2. Re:Mandatory Homer Simpson Response by Cryacin · · Score: 0

      Can we get a car analogy please?

      --
      Science advances one funeral at a time- Max Planck
    3. Re:Mandatory Homer Simpson Response by Anonymous Coward · · Score: 0

      Can we get a car analogy please?

      Woah, woah, woah...slow down there. I'm already lost at four tires. Can we get a motorcycle analogy first? Let's break this down...

    4. Re:Mandatory Homer Simpson Response by kmoser · · Score: 1

      Yes, it's like when your car has an oil leak, only imagine your car is the size of an oil supertanker.

  2. Consequences... by Thantik · · Score: 5, Interesting

    Consequences only exist for those too poor to fight them. Exxon should have been made responsible for taking care of the entire area until all the oil was cleaned up, but that would have driven them out of business...and we can't have that!

    1. Re:Consequences... by noh8rz10 · · Score: 4, Interesting

      to be fair, if you punished them so hard that they went out of business, then they wouldn't be able to clean up. ideally you punish them enough so they pay a lot while remaining in business a long time to continue to pay a lot.

    2. Re:Consequences... by Anonymous Coward · · Score: 1

      "if you punished them so hard that they went out of business, then they wouldn't be able to clean up" So you're saying they should pay huge deposits before they get to do such potentially catastrophic shit? Agreed.

    3. Re:Consequences... by ShanghaiBill · · Score: 1

      Exxon should have been made responsible for taking care of the entire area until all the oil was cleaned up

      It would be far better to fine them, and then use the money for something that actually makes sense. Spraying harsh detergents into the water is doing more harm than good. Wiping rocks off with paper towels is just moving the oil from one place to another while consuming lots of paper towels. Neither would make much difference on a coastline a thousand miles long. Instead, the money should be spent on prevention: double hulled tankers, better navigation equipment, faster/better first responders, etc.

    4. Re:Consequences... by fustakrakich · · Score: 5, Insightful

      Asset forfeiture... Used on pot smokers all the time... Take it out of the board members' pockets.

      --
      “He’s not deformed, he’s just drunk!”
    5. Re:Consequences... by Anonymous Coward · · Score: 1

      Or you nationalize them as part of the cost of the cleanup then handle it yourself.

    6. Re:Consequences... by Immerman · · Score: 4, Insightful

      How about they pay half of all profits until the problem is *solved*. Make it *hurt* so that they *never* want to have such a thing happen again.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    7. Re:Consequences... by Anonymous Coward · · Score: 1

      double hulled tankers, better navigation equipment, faster/better first responders, etc. [emphasis mine]

      So the first two ideas you come up with for where the money should go is right back to companies that transport oil? Do you honestly not see the problem here? How about this: write regulations that may prevent future incidents and then use the fine money to actually enforce those regulations, as opposed to the US American standard of vastly under-budgeting enforcement agencies.

    8. Re:Consequences... by Anonymous Coward · · Score: 0

      No kidding. The stuff has been seeping out of cracks in the ocean floor along the California coastline for as long as man has inhabited the area.

    9. Re:Consequences... by Anonymous Coward · · Score: 0

      How about we have a death sentence for corporations?
      People are sentenced to death.
      Corporations are people
      So why aren't corporations ever sentenced to death?

    10. Re:Consequences... by Concerned+Onlooker · · Score: 3, Insightful

      There just aren't enough mod points for this post. We will have a decent society when we have a just society.

      --
      http://www.rootstrikers.org/
    11. Re:Consequences... by Anonymous Coward · · Score: 0

      (The "[emphasis mine]" would probably have made more sense if you could bold inside a quote, which apparently you can't. Imagine instead that I had written "[emphasis no one's]".)

    12. Re:Consequences... by FlyHelicopters · · Score: 2

      While I understand the feeling, you can also make it hurt so much that they no longer bother.

      What if they just sell off their assets and move on with life?

      Think of it like child support, which already has gone too far in many cases. Many people are ordered to pay more than they really can (yes, there are deadbeats too), so they do work for cash to keep it "off the books".

      You can only "punish" people so hard before they change their behavior, the harsher the punishment, the more they will change to avoid it.

    13. Re:Consequences... by FlyHelicopters · · Score: 1

      "may prevent future accidents"

      Sounds so nice, but as long as we're putting hundreds of thousands of barrels of oil into a ship and sailing them around the world, there are going to be accidents.

      Double hulls are largely already required, what else do we do?

    14. Re:Consequences... by Anonymous Coward · · Score: 0

      You can't prevent everything, of course. The best strategy, I feel, is that when an accident happens you should first investigate if there were existing regulations broken (and if so, find a better way of proactively enforcing those regulations), then see if there is anything you can learn from the accident to inform new regulations. It may be the case that there isn't anything new to learn -- shit happens, as the saying goes. If that's the case, more money for enforcement of regulations may not accomplish anything that would have prevented the accident in question, but may still prevent other, future accidents.

    15. Re:Consequences... by noh8rz10 · · Score: 1

      Sentenced to death, so what? Is it better to get some cash see you can try to prove the situation?

    16. Re:Consequences... by Anonymous Coward · · Score: 0

      Double hulls are largely already required, what else do we do?

      Triple hull?

    17. Re:Consequences... by lazy+genes · · Score: 0

      Pretty sure the radiation from tepco will dissolve the oil.

    18. Re:Consequences... by Anonymous Coward · · Score: 0

      Or you nationalize them as part of the cost of the cleanup then handle it yourself.

      Why don't you go move yourself to Venezuela with you crazy socialist ideas.

    19. Re:Consequences... by Sarten-X · · Score: 0, Flamebait

      Take it out of the board members' pockets.

      ...Because, of course, it's the board that chooses what route to take through a narrow channel, and the maintenance plan for the radar, and the sleeping schedule on the ship.

      Maybe instead, it should be the ones who had direct control over the incident whom we hold directly responsible... but then, what punishment can be extracted from lowly ships' officers? How about $50,000 and community service?

      We could always try to dig into the bureaucracy of the company and figure out exactly who ordered what bad things, but everybody has a long list of factors that went into their well-justified decisions. Hindsight's 20/20, of course, so it seems just to forgive them for what they couldn't have foreseen.

      Or maybe, just maybe, we could abandon the idea of punishment as an effective means of change. It doesn't work for addicts, gamblers, criminals, or students, so why should it magically work for corporations? We could try adding incentives for doing good things, like allowing tax write-offs for new safety equipment, but then the public just whines about subsidizing the big companies.

      Personally, I have a better idea: Let's just accept the fact that life is complicated and there are no easy answers, regardless of how fun it may be to blame those evil nasty rich folks.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    20. Re:Consequences... by Sarten-X · · Score: 1

      You say that like you think every executive gets out of bed in the morning saying "Today, I'm going to fuck over the world. I think I'll start with that pesky Alaskan wildlife."

      --
      You do not have a moral or legal right to do absolutely anything you want.
    21. Re:Consequences... by Anonymous Coward · · Score: 0

      The board members were the ones who were supposed to oversee the CEO, and make sure the he did his best to made things right.

      The board members were the ones who profited from the cheap ass job and reduction in penalties.

    22. Re:Consequences... by uncqual · · Score: 2

      Perhaps we should assess every person (and their heirs if they are no longer alive) who bought gasoline from Exxon over the prior 20 years an annual surcharge. After all, they presumably benefited in the form of lower prices derived from Exxon (and most everyone else) not using more collision resistant tankers. These people should have, instead, sought out the most ecologically friendly oil company's products - they instead chose to bury their heads in the sand and go with the lowest cost gasoline and were a substantial beneficiary of Exxon's judgement to use today's (at the time) technology instead of refusing to ship oil until they had purchased and deployed better technology.

      (See how this works?)

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    23. Re:Consequences... by Zontar+The+Mindless · · Score: 3, Funny

      ....and no I didn't read the article.

      Thanks for letting us know--we'd never have guessed otherwise.

      --
      Il n'y a pas de Planet B.
    24. Re:Consequences... by uncqual · · Score: 1

      I see your triple hull and raise you - quadruple hull should be required.

      At some point, of course, the tanker will be carrying one quart of crude and tens or hundreds of thousands of gallons of diesel to power the ship that carts that precious quart of crude around with "ultimate" safety. Occasionally the ship will crash and release all of its diesel fuel, but that quart of crude that is in the container with 20 one foot layers of stainless steel tanks around it will survive and won't sully a rock somewhere.

      --
      Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
    25. Re:Consequences... by Anonymous Coward · · Score: 0

      how about they pay all profits until the problem is solved.

    26. Re:Consequences... by luckymutt · · Score: 3, Insightful

      Personally, I have a better idea: Let's just accept the fact that life is complicated and there are no easy answers, regardless of how fun it may be to blame those evil nasty rich folks.

      So, your "better idea" is just to let bad shit(decisions) happen unaccountably, because life is complicated?

    27. Re:Consequences... by Penguinisto · · Score: 2

      The problem lies in the definition of "just" - the term is too subjective.

      Also, let's think more than two steps ahead here: sure, you could seize the assets of every board member - that would get you approximately what, a few hundred million? Maybe a couple of billion at first blush? Well, probably not: consider that most of their easily-seizable assets are tied up in the company's stock, and that such a simple announcement of seizure would cause that stock value to evaporate almost overnight. Hell, I doubt that you'd get even 1/10th of what the company was fined. Further consider that most folks at that level are smart enough to set up shell companies, trusts, and other instruments that would effectively shield the majority of their money from even the most zealous judge.

      I'm certain that seizure of company board members' personal assets would make folks feel better, but these guys aren't stupid; therefore, your best (and most just) bet is to milk the company hard enough to get the point across (and to pay for cleanup), but not so hard as to gut the thing entirely. Another option is to convert the existing board members' stock into non-voting shares, have the stockholders elect a new board, and *then* go after the individual members in civil court for further seizures and sale of their stock holdings.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    28. Re:Consequences... by Sarten-X · · Score: 2, Insightful

      My better idea is to stop looking for scapegoats every time there's a catastrophe. Bad events happen because humans (including the suit-wearing ones) can't predict the future. Sometimes a whole set of good decisions lead to bad events, and we don't accomplish anything good be punishing people for things they can't foresee.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    29. Re:Consequences... by ShieldW0lf · · Score: 2, Interesting

      "if you punished them so hard that they went out of business, then they wouldn't be able to clean up" So you're saying they should pay huge deposits before they get to do such potentially catastrophic shit? Agreed.

      Maybe this type of work, so important to all mankind, shouldn't be left in the hands of private enterprise?

      --
      -1 Uncomfortable Truth
    30. Re:Consequences... by Anonymous Coward · · Score: 0

      Why don't you go move yourself to Venezuela with you crazy socialist ideas. Or, just stay at home.

    31. Re:Consequences... by FuzzNugget · · Score: 4, Insightful

      Just accept it? Tough shit? I don't think so.

      Punishment doesn't work on *individuals* because it's not reasonable to expect them to know all the nuance of laws affecting them in their daily lives.

      Punishment works for *corporations* because they are have the resources and training to know what laws affect them as they go about their business. I don't disagree that there should be strong incentives for good safety protocols and environmental protection standards, but that should not preclude the use of equally strong disincentives for violations.

      Regulatory control should not be so weak and subject to influence that gigantic corporations guilty of gross negligence actually have bargaining power in these situations; they need to be at the mercy of regulators and of the public.

    32. Re:Consequences... by Anonymous Coward · · Score: 1

      how about they pay all profits until the problem is solved.

      Good Idea - just take all of the profits, then the stockholders will dump the stock, the company will be worthless, and YOU can pay for the cleanup.

      By the way, Shareholders own the company - why don't you take a look at who owned Exxon stock at the time of the accident, bet you haven't a clue!

    33. Re:Consequences... by khallow · · Score: 1

      Regulatory control should not be so weak and subject to influence that gigantic corporations guilty of gross negligence actually have bargaining power in these situations; they need to be at the mercy of regulators and of the public.

      That would be unjust. Justice means among other things that one who is accused of crimes is allowed to defend themselves.

    34. Re:Consequences... by Anonymous Coward · · Score: 0

      Or they simply tie up the charges in court for a couple decades & get the fines reduced to a relative pittance

      http://en.wikipedia.org/wiki/E...

      http://thinkprogress.org/clima...

    35. Re:Consequences... by Immerman · · Score: 4, Insightful

      No, but they seem to mostly get out of bed and say "Today I'm going to make a lot of money, and fuck anyone/thing who gets hurt in the process"

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    36. Re:Consequences... by Anonymous Coward · · Score: 1

      ...Because, of course, it's the board that chooses what route to take through a narrow channel, and the maintenance plan for the radar, and the sleeping schedule on the ship.

      No, but "the buck stops here". What if we turned the situation around and instead of an oil spill the captain, crew, or someone else intentionally caused a "leak" into a pirate oil ship? Would we refuse to confiscate and return the oil (or whatever money they get if we're too late) to the board because they didn't choose things? No, if the oil is the boards property, then the oil is the board's responsibility. To that end, even if the board didn't directly choose the route, the captain, the maintenance plan on the radar, etc, they're responsible for hiring the people who hired the people to do those things. Hence, they're at some level of culpable with odds being good it's greater than 50%.

      Maybe instead, it should be the ones who had direct control over the incident whom we hold directly responsible... but then, what punishment can be extracted from lowly ships' officers? How about $50,000 and community service?

      Sure, them too. It's not an either-or thing.

      We could always try to dig into the bureaucracy of the company and figure out exactly who ordered what bad things, but everybody has a long list of factors that went into their well-justified decisions. Hindsight's 20/20, of course, so it seems just to forgive them for what they couldn't have foreseen.

      Except how much of it was "what they couldn't have foreseen" and how much of it's handwaving to avoid "[trying] to dig into the bureaucracy of the company and figure out exactly who ordered what bad things"? Because the general complaint is precisely that when such situations do occur, there's often either (a) not enough effort to find out who did what and (b) not enough (followed) regulation that requires the paper trail to figure out who did what. The former makes it a pointless venture (and honestly the lack of punishment for not following regulation is the biggest problem) but the latter leaves too much room (when there actually is a lack of regulation) to people finger pointing after the fact and even when cornered to claim some vague point of hindsight being 20/20. That's simply not good enough when there's such a massive risk of ecological disaster which, sadly, happens too often.

      Or maybe, just maybe, we could abandon the idea of punishment as an effective means of change. It doesn't work for addicts, gamblers, criminals, or students, so why should it magically work for corporations?

      And what if it isn't an effective means of change? That doesn't mean punishment isn't justified. Why? Because punishment often comes to include being physical prevented from carrying out bad acts for at least some limited period of time. It's far from a perfect solution but doing nothing is absurd.

      We could try adding incentives for doing good things, like allowing tax write-offs for new safety equipment, but then the public just whines about subsidizing the big companies.

      That's great and all. But there's already massive tax write-offs for all sorts of much less important stuff. So, unless you plan to radically alter the tax subsidy scheme, I don't think it'll matter much in itself. Now, couple that with an incentive for workers to want to use said safety equipment, perhaps by some regulation requiring that they be trained on this "optional" equipment and you might see a reaction of some sort.

      Personally, I have a better idea: Let's just accept the fact that life is complicated and there are no easy answers, regardless of how fun it may be to blame those evil nasty rich folks.

      Life is complicated. That's reason enough to demand to know if (1) there was sufficient regulation for the situation, (2) said regulation w

    37. Re:Consequences... by Immerman · · Score: 1

      Alternate option - make it the norm that if a corporation fucks up badly enough that it can't make things right out of petty cash, then *all* stock is immediately frozen until the problem is solved. Give investors incentive to do their due diligence and avoid investing in anyone who's prone to cutting corners in ways that jeopardize the public.

      Of course for that to work we might also need some supporting laws - for example knowingly selling off stock before a freeze should be treated as a particularly heinous form of insider trading. Maybe even let any recent buyers caught holding the bag bring class-action criminal charges against the sellers to avoid any problems with regulatory capture. Could make day-trading risky, but I don't think anyone but the brokers would be sorry to see them go.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    38. Re:Consequences... by gl4ss · · Score: 1

      if you punished them for 30 billion dollars then you would have the 30 billion dollars for the cleanup and if it was too much the remaining tankers and oil refineries sold to highest bidder so I don't really see the downside there..

      --
      world was created 5 seconds before this post as it is.
    39. Re:Consequences... by Anonymous Coward · · Score: 0

      Apparently, you haven't been paying much attention to how the govenment has handled everything else so well and so cheaply...

    40. Re:Consequences... by Anonymous Coward · · Score: 3, Interesting

      What if they just sell off their assets and move on with life?

      Who would buy them if there is a standing order to clean up a mess before they can turn a full profit again? And who cares if they do? We want the beaches cleaned up first and foremost, and we want the assets that causes the fuck-up to pay the price. It doesn't really matter who holds the assets at any given time. Sure, revenge would be nice too.

    41. Re:Consequences... by Immerman · · Score: 2

      So what if they do? The entire concept of a corporation is a legal fiction, we can set the rules to be whatever we like.

      Rule 1 - No corporation may engage in any activity in which the costs of repairing any public/environmental/etc. damage from a worst-case scenario cannot be covered by liquidating company assets. No hiding the assets behind shell corporations allowed.

      Rule 2 - In the aftermath of a catastrophe if corporate assets fall to within N% of the estimated recovery costs the company will be immediately liquidated with all proceeds going to the recovery efforts. No bleeding a company dry on your way out the door.

      Problem solved?

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    42. Re:Consequences... by Anonymous Coward · · Score: 5, Insightful

      Government does some things really well. For example, the Social Security Administration is almost unfathomably efficient, compared to other large national or private retirement systems. For example, the overhead of SS is less than 3%, compared to something like 30% for Chile's privatized retirement system, lauded by conservatives.

      The United States Post Office is also very economically efficient, especially considering how hemmed in they are by Congress. How people can both believe that post office workers are lazy, yet at the same time be so stressed out and overworked as to be the archetype for "going postal", I'll never understand. Cognitive dissonance at its finest.

      Of course, if all you listen to are the whining pundits and conventional snark, you wouldn't realize this. But disimpassioned academic studies have shown these and other systems to be stellar performers.

      OTOH, locating, recovering, shipping, and distributing oil and oil products is a very complex, capital intensive business with a rapid pace of development and subject to extreme market volatility. That's pretty much the opposite thing that government bureaucracies are good at. It's also why they find it hard to regulate such industries without unleashing a parade of unintended consequences. Nationalized oil companies are some of the most inefficient and corrupt bureaucracies ever established. To anybody who despises Exxon, Shell, etc, I suggest you take a look at companies like Pemex (Mexico), Petronas (Malaysia), etc, including their environmental impact. Many times when there's a spill they don't even bother trying to clean it up, let alone do a poor job of it.

    43. Re:Consequences... by Firethorn · · Score: 2

      I don't really see the downside there..

      I don't see it mentioned in this article, but I've read that part of the problem is that existing cleanup methods cause more damage to the enviornment than the oil does. The scrubbing, soaps and such required damages the coastline as well. It's faster to let it degrade naturally, though that can take decades with the colder temperatures up there.

      --
      I don't read AC A human right
    44. Re:Consequences... by FlyHelicopters · · Score: 0

      No, that doesn't solve the problem...

      Exxon is publicly owned (and widely held), if you destroy it, then what you're really doing is taking it all out of millions of American's (and people from around the world) savings.

      You could, perhaps, make the argument that a privately owned corporation could be put under such rules, but if you go around and start playing whack-a-mole with large public companies, you're really just hurting everyone.

    45. Re:Consequences... by phantomfive · · Score: 2

      Because government managed petroleum removal (Gazprom, Petrobras) is so great....

      --
      "First they came for the slanderers and i said nothing."
    46. Re:Consequences... by Anonymous Coward · · Score: 0

      Since neither private industry nor government can handle this effectively maybe we need to stop until we figure out some things to try to get better at it.

    47. Re:Consequences... by Immerman · · Score: 2

      So? If you don't want to risk your savings don't invest in companies that take big risks - it's hardly a new investment strategy. What difference does it make if the company is privately owned or publicly traded? You own a percentage of a company, you always take the risk that it goes belly up tomorrow for unexpected reasons. Stockholders are already protected by the corporate veil from any losses beyond their stock tanking, why should they get any extra consideration?

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    48. Re:Consequences... by FlyHelicopters · · Score: 1

      That is a nice idea, but now how the world works...

      Your average investor who owns stock via their 401(k) or other mutual fund investment isn't able to make such choices...

      You would harm the economy and put investment capital at risk in new ways, the law of unintended consequences applies here. Your ideals are good, but your methods would have results far different from what you intend.

    49. Re:Consequences... by sFurbo · · Score: 2

      The problem with this strategy is that you are restricting who can realistically go into the petroleum business, and thus restricting the competition. Perhaps forcing the companies to have a insurance to pay for cleaning up would be better? That would scale with the size of the operation, so it wouldn't force a oligopoly, while companies that did too little to safeguard their operation would be punished by higher insurance rates.

    50. Re:Consequences... by sFurbo · · Score: 2

      No corporation may engage in any activity in which the costs of repairing any public/environmental/etc. damage from a worst-case scenario cannot be covered by liquidating company assets.

      This will severely restrict the number of companies who can work in any given field, leading to lack of competition and all of the inefficiencies that follows from that.

      Why not allow the companies to take out insurance for such events? That would (ideally) make the payment scale directly with the risk of failure, so that new companies can start a small operation without massive investments, and so that companies that have bad policies are punished for having the bad policies, not for the failures that these policies cause.

    51. Re:Consequences... by AK+Marc · · Score: 1

      You can only "punish" people so hard before they change their behavior, the harsher the punishment, the more they will change to avoid it.

      Maybe it could get them to stop doing trillions of dollars in damage. That changed behavior is good.

    52. Re:Consequences... by AK+Marc · · Score: 2

      The customers have no knowledge of, nor ability to change, Exxon's practices. Even if *nobody* bought Exxon gasoline, they would have bought gasoline handled by Exxon. They just wouldn't have known.

    53. Re:Consequences... by DarkOx · · Score: 1

      Gee and here I thought the point of punishing people is to get them to change their behavior. Clearly the difference between punishment and restitution is too complex for Slashdot grasp

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    54. Re:Consequences... by DarkOx · · Score: 2

      It would definitely have the effect of reorganizing markets. I would go farther and make the shareholders responsible for companies debts as well in a bankruptcy. If you don't want to risk getting on the other side of financial sell the company bonds which will now be safer because I'll be back by the shareholders pocketbooks, of course you can't get all the upside only whatever the preagreed amount of interest is.

      The current system that really is socialized risk and losses and private gains. While it has the effect of driving a lot of investment capital I'm not sure it's ultimately win for society. I'm not even sure it's really free-market in spirit

      --
      Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    55. Re:Consequences... by Anonymous Coward · · Score: 1

      you could seize the assets of every board member - that would get you approximately what, a few hundred million? Maybe a couple of billion at first blush?

      Yes, if you look at the taxed assets. That doesn't mean that they don't have valuables that are less taxable.
      About $3.9 trillion of the national debt is to private entities. I would be surprised is not at least a part of that was to rich people in the oil industry.
      Also, about $98 billion of the national debt is to oil companies directly. (Not the board members but the actual companies.)
      The government could say "OK, we are going to spend $98 billion cleaning up your mess, if that isn't enough you will have to take care of the rest."
      That would only make a dent in the oil companies saved (invested) assets without making a dent int their current profit.

    56. Re:Consequences... by Penguinisto · · Score: 1

      What if they just sell off their assets and move on with life?

      Who would buy them if there is a standing order to clean up a mess before they can turn a full profit again?

      You assume they'd sell the whole thing in one go. Most folks who run a corporation are smart enough to start spinning off new companies, each taking a substantial chunk of the assets until all you have left of the old one is the name, an office somewhere, and maybe a desk and chair in it. If you're lucky there may be a working telephone on the desk.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    57. Re:Consequences... by Penguinisto · · Score: 2

      Then again, no one on the board knew of the captain's little toke habit, and I doubt that they knew anything about the efficacy of their cleanup plan beforehand, at least outside of having some ostensibly smart consultants say "oh, this will work perfectly!"

      Plausible deniability works in both directions too...

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    58. Re:Consequences... by Anonymous Coward · · Score: 0

      Sometimes a whole set of good decisions lead to bad events, and we don't accomplish anything good be punishing people for things they can't foresee.

      Cutting margins for higher profits isn't a good decision. It is a decision made by someone who didn't understand why the margins were there to begin with.
      Just saying "Shit happens" isn't a good way to handle the situation. Retroactively punishing greed might not be preferable to first informing about the consequences and then punish, but just letting it slide is worse.
      So, you can't accurately predict that shit will happen. Well, then perhaps you shouldn't be allowed to call the shots in such a large operation?
      Can't find anyone who can? Well, too bad, that doesn't mean you still have a right to make a profit.

    59. Re:Consequences... by Penguinisto · · Score: 1

      if you punished them for 30 billion dollars then you would have the 30 billion dollars for the cleanup and if it was too much the remaining tankers and oil refineries sold to highest bidder so I don't really see the downside there..

      ...which would last only as long as it takes for prices at the gas pump to skyrocket, at which point the public would take up pitchforks and torches and demand that the company's assets be put back to work again immediately.

      There really aren't that many oil companies out there, and taking one out would put a pretty big dent in the global logistics. Petroleum, like Spice, must flow.

      --
      Quo usque tandem abutere, Nimbus, patientia nostra?
    60. Re:Consequences... by u38cg · · Score: 1, Flamebait

      No, and there is literally no point in you flapping your jaw about this issue because you understand so little about it.

      --
      [FUCK BETA]
    61. Re:Consequences... by Anonymous Coward · · Score: 0

      How about someone tell BP or Chevron that there's a huge easily-accessible "oil sands" deposit ready for strip mining? As the price of oil increases, this will make more and more financial sense.

    62. Re:Consequences... by drinkypoo · · Score: 2

      You say that like you think every executive gets out of bed in the morning saying "Today, I'm going to fuck over the world. I think I'll start with that pesky Alaskan wildlife."

      Close enough. "Today, I'm going to go make some money, and if it hurts people, fuck 'em." Explain in detail why that is not accurate if you disagree — it seems to match up perfectly with the behavior of every petroleum company.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    63. Re:Consequences... by drinkypoo · · Score: 1

      Take it out of the board members' pockets.

      What about the shareholders? You couldn't do it without them. Why should they be absolved of liability for the behavior they funded? Oh, because people might not invest willy-nilly in any random bullshit? Gee, that would be terrible. We all know that oil companies do evil and we all know they need our money to do it.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    64. Re:Consequences... by Anonymous Coward · · Score: 1

      It would also make them more cautious. The lack of personal responsibility on the parts of company leadership is an *amazing* way to reward short-sighted growth policies.

    65. Re:Consequences... by ShieldW0lf · · Score: 2

      Apparently, you haven't been paying much attention to how the govenment has handled everything else so well and so cheaply...

      Yeah, private enterprise is good at being cheap. By cutting every corner. While no one is looking.

      That's the problem.

      --
      -1 Uncomfortable Truth
    66. Re:Consequences... by Anonymous Coward · · Score: 1

      It wouldn't just "make folks feel better". It would make any future board members hesitate before making the same bad-but-short-term-profitable decisions again.

    67. Re:Consequences... by AmiMoJo · · Score: 1

      The problem is that a lot of activity would then become impossible for almost any corporation. For example Fukushima is looking like it will end up in the hundreds of billions of dollars range to sort out, and few energy companies are worth that much. Also after such an accident the value of the company's other assets would likely plummet, e.g. because of safety issues that were discovered and now need putting right.

      It's the same with insurance. The oil industry just doesn't have enough and the nuclear industry can't get enough so is covered by the government.

      The only viable solution seems to be to run these kinds of operations as non-profit and put all the excess cash into a fund to cover disasters.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    68. Re:Consequences... by Sarten-X · · Score: 3, Insightful

      The Hivemind doesn't want justice. It wants vengeance.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    69. Re:Consequences... by khallow · · Score: 2

      We want the beaches cleaned up first and foremost

      Sounds like maybe you should pony up then. One of the problems with pollution mitigation is that it uses Other Peoples' Money and is mandated by people who don't care how expensive it is to clean up pollution to a arbitrarily low level. This leads to creation of externalities by the regulators - fining businesses and whatnot for effort that no one else would willingly pay for.

      I think that large fines should have a deductible, just like most insurance does. If Exxon pays a $900 million payment for cleanup costs, then someone should pony up oh, $300 million in matching funds. That way we can determine whether the cleanup to the mandated degree really was that important or not.

    70. Re:Consequences... by khallow · · Score: 0

      For example, the Social Security Administration is almost unfathomably efficient

      Keep in mind that all Social Security is supposed to do is write checks that people cash. It's not unfathomably efficient once you consider that, but rather expensive.

    71. Re:Consequences... by Anonymous Coward · · Score: 0

      The question then becomes: Is the inefficient and dangerous nature of the oil companies you listed a trait inherent to government owned oil companies, or is it a result of the less than first world standards by which they are run? I would argue for the latter. Norway has a state-owned oil company, Statoil. They own 67% of the company- and it does an effective job.

    72. Re:Consequences... by Anonymous Coward · · Score: 0

      Well, there's an easy answer: attach the lein to the assets themselves.

    73. Re:Consequences... by The+Grim+Reefer · · Score: 1

      Government does some things really well. For example, the Social Security Administration is almost unfathomably efficient, compared to other large national or private retirement systems. For example, the overhead of SS is less than 3%,

      While the social security administration part of the government is very efficient, the government as a whole is not. If congress hadn't raided the hell out of the social security trust fund, it wouldn't be in the financial mess it is in right now. It would be eventually, but it would have been many years from now

      The United States Post Office is also very economically efficient, especially considering how hemmed in they are by Congress. How people can both believe that post office workers are lazy, yet at the same time be so stressed out and overworked as to be the archetype for "going postal", I'll never understand. Cognitive dissonance at its finest.

      I have a hard time believing this was all due to stress. You have to be pretty damn mentally unbalanced to come to work and start killing people that you've been interacting with for some period of time. There are a lot of jobs that are one hell of a lot more stressful, but you don't see this happening at. The problem is that the first guy did it and the term "going postal" stuck. Look at the people who have gone on shooting sprees in other places. The school shootings were people who were mentally unbalanced. Fort Hood was another nut job, as were the DC snipers.

      Now that being said, I agree, the post office is amazingly well run. Congress is screwing them up. But you need to take the entire organization as a whole. When a company is going bankrupt, you can't say, they did a fantastic job because the mail room was efficient. Or that the pension was great. Especially if the pension fund is running backwards.

    74. Re:Consequences... by Vitriol+Angst · · Score: 1

      Why is everything couched as if it's either; a tiny pittance of responsibility or "they go out of business -- JOBS - OMG!!!"? That was a rhetorical question. It's advantageous to companies like Exxon that the argument always be; Free Enterprise vs. No Enterprise.

      Exxon got the contract to extract the oil from the Inuit because they PROMISED to have radar and warning systems set in place and not crash their tankers. The "big lie" is that a one drunk captain crashed the ship -- and he went along with it. There are more than one person driving that tanker and warning alarms should have gone off -- if they had not powered down their expensive warning system to save money.

      After all the stalling and court cases -- Exxon still saved more money than if they had made good on their original deal. And a lot of Inuit lost their only source of income and died bankrupt while asking Exxon to pay up for their cost cutting catastrophe.

      The Exxon Valdez was preventable pretty much like the BP oil gusher under the Gulf was preventable -- but actuarial science says it's much cheaper to do nothing and argue in court -- and spend money on lobbyists and a-holes to champion Torte reform.

      It's amazing that the information is readily available on the TRUE CAUSES:
      http://www.adn.com/evos/storie... >> they skimped on staff and not following requirements for double-hulled vessels.
      http://www.evostc.state.ak.us/... >> The Radar didn't work because they didn't MAINTAIN IT -- not because of design flaws; Government negligence in oversight is a direct result of company influence on them.

      -- criminal negligence by the company and lax supervision by the regulators (who were known to not only sleep with the corporate reps, but have meth filled orgies with the corporate reps). (no really, not kidding; http://www.motherjones.com/blu... )

      The media of course, doesn't bother to investigate crap if they already have a great story to tell about one drunk sea captain -- truth be damned.

      --
      >>"ad space available -- low rates!!!"
    75. Re:Consequences... by imikem · · Score: 1

      So is dioxin. Please go and drink a few shots, then get back to us with your incredible insights.

      --
      Perscriptio in manibus tabellariorum est.
    76. Re:Consequences... by fustakrakich · · Score: 1

      There's always the revocation of the corporate charter in addition to everything else. That should put shareholders in the right mindset.

      --
      “He’s not deformed, he’s just drunk!”
    77. Re:Consequences... by Anonymous Coward · · Score: 0

      The Hivemind doesn't want justice. It wants vengeance.

      Nonsense. The hivemind are those who still live under the illusion that justice exists.

      Justice is merely a tool to rationalize one's violence against others, while condemning others from using violence against one's self. Case in point: you labeling others as only wanting vengeance. They on the other hand would consider themselves to be promoting justice. One man's hero is another man's traitor

      The truth is that life isn't just. Justice is decided by whoever has power. Contrast to "life isn't fair", which actually is incorrect. Life is VERY fair. Gravity works the same way on you or I. So do the laws of physics, mathematics, chemistry, etc. A bullet could kill a rich man as well as it could a poor man. "Justice" is when we humans try to rationalize that it was "right" or justified to kill a man, be it the poor man, the rich man, or both (maybe they're both terrorists, or enemy combatants, or whatever the boogeyman of the day is)

    78. Re:Consequences... by interkin3tic · · Score: 3, Insightful

      "Corporation: An ingenious device for obtaining profit without individual responsibility." -Ambrose Bierce

      The whole point of a corporation is to pretend it's not individual people doing something, it's a entity called the corporation. The other essential part of the corporation is it can evaporate instantly when needed, with very little of the profits evaporating. This is not true of pot smokers, which is why it works for pot smokers but not for corporations. Everyone has been pretending it for so long that holding the individuals responsible is unthinkable in politics, and has been for as long as I've been alive.

      That said, some profits would evaporate with the corporation, it's not a painless procedure, so I would have preferred that.

    79. Re:Consequences... by Anonymous Coward · · Score: 0

      Thanks! I have a new morning prayer now!


      "Today I'm going to make a lot of money, and fuck anyone/thing who gets hurt in the process"

    80. Re:Consequences... by Anonymous Coward · · Score: 0

      "to be fair, if you punished them so hard that they went out of business, then they wouldn't be able to clean up. "

      "To be fair, if you punished this bank robber so hard that he wouldn't make a decent salary, then he wouldn't be able to pay the bank back." When someone is responsible for a crime, that person should be punished, even (more so!) if it's a moral person.

    81. Re:Consequences... by Anonymous Coward · · Score: 0

      It's too often that the ideas and plans from these suit-wearing individuals rely on chance after chance that things won't fuck up.

      We don't backups! The failure rate is practically nil! Why bother with a contingency plan for something that won't happen? No need for estimations of the consequences of failure or what type or size of response would be necessary for containment & cleanup! By golly, it'd be a waste of shareholders' dollars and as some twat will point out, we're legally obligated to maximize profit even if it means breaking the law, stonewalling, misdirecting, and covering up then accepting no-fault payoff fines a couple magnitudes less than what was made in the first place! YEE HAW! GOD BLESS AMURICA!

      Sorry. I kinda got into a thing there and had to see it through but I stand by my first sentence. And the rest of it, too.

    82. Re:Consequences... by Anonymous Coward · · Score: 0

      But won't the Invisible Hand of the Market adjust for such changes? Isn't that what it's suppose to do?

    83. Re:Consequences... by Grizzley9 · · Score: 1

      Government does some things really well. For example, the Social Security Administration is almost unfathomably efficient, compared to other large national or private retirement systems. For example, the overhead of SS is less than 3%, compared to something like 30% for Chile's privatized retirement system, lauded by conservatives.

      Efficiency is worthless unless it is also effective. I can be very efficient digging a hole and filling it back in.

      How people can both believe that post office workers are lazy, yet at the same time be so stressed out and overworked as to be the archetype for "going postal", I'll never understand. Cognitive dissonance at its finest.

      Lazy is not a term I've heard describe postal workers very often, but that term justifies your rant so whatever. My dad retired as a postal worker, was even part of the intervention team dealing with workplaces to prevent people from "going postal". It wasn't about being stressed out and overworked. It's a combination of low barriers of entry for the job, conflicting personalities, etc. Besides the fact they are one of the largest employers in the US (which makes them an easy target) you are going to have some crazies.

    84. Re:Consequences... by tsqr · · Score: 2

      Keep in mind that all Social Security is supposed to do is write checks that people cash.

      You wrote that as if it was fact rather than your opinion of how it should be. If that was on purpose, you appear to be somewhat uninformed with respect to the charter and organizational structure of the Social Security Administration. You really should read up on it, as over your lifetime you and the people you work for will be pouring a lot of money into it.g

    85. Re:Consequences... by Anonymous Coward · · Score: 0

      Sounds like maybe you should pony up then. One of the problems with pollution mitigation is that it uses Other Peoples' Money and is mandated by people who don't care how expensive it is to clean up pollution to a arbitrarily low level.

      Yeah, right.

      One of the problems with pollution is other people are affected, and at risk from corporations being lazy or incompetent. And when they fail, the pollution affects the lives (and livelihoods) of more than just the corporations.

      If you think companies should be able to reap all of the profit while the rest of us bear the risk and expense of cleaning up after them, then enjoy the terrible world you'll live in. Because it will be a toxic, poisoned world in which large corporations make butt loads of money and the rest of us get environmental disaster.

      If companies are just going to pollute and say that cleaning up afterwards is too costly -- well, they should be factoring those risks into the costs of doing business.

      Companies which pull in billions in profits but then fuck up the ecosystem of those people affected by the spills don't get my sympathy.

      Profits by these companies need to reflect the real costs of policing and cleaning up after they've been in. Otherwise they're just privatizing the profits and socializing the risks.

    86. Re:Consequences... by Immerman · · Score: 1

      Fair enough, provided that funding for repairs is *guaranteed* meaning that even if a catastrophe is due to gross negligence or intentional sabotage, some combination of insurance and company liquidation will still cover it. And that the insurance company has to be able to cover their liabilities even if several unrelated catastrophes occur in the same bad year. That's going to drive the cost of insurance through the roof, much like medical malpractice insurance, and that means we'd be siphoning a pretty huge amount of money out of the system, so I don't know that it would actually improve anything.

      Also, if you trace through the various corporate shell games, there aren't exactly a lot of independent corporations in any given major field to begin with.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    87. Re:Consequences... by Immerman · · Score: 1

      That's also a viable option. The problem arises only when we socialize the risks but privatize the profits.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    88. Re:Consequences... by SleazyRidr · · Score: 1

      I think this is appropriate here: http://www.smbc-comics.com/?id...

    89. Re:Consequences... by Sponge+Bath · · Score: 1

      More precisely, private enterprise is good at cutting corners (costs) while charging as much as possible. If you want to add 30% to your cost for a critical service, like health insurance, privatize it.

    90. Re:Consequences... by Anonymous Coward · · Score: 0

      Obviously financial deterrents haven't and won't work against these hardened criminal organizations. It's time to start prosecuting the executives of these organizations for the crimes they've committed. When a few guilty CEOs start swinging from the hangman's noose, then, and only then, will we see any change in their actions.

    91. Re:Consequences... by Anonymous Coward · · Score: 0

      You really should read up on it, as over your lifetime you and the people you work for will be pouring a lot of money into it.

      Ah, but that's the thing. He doesn't want to be forced to pour a lot of money into it. He doesn't want to be forced to pay for a lot of things government does right now. When your objective is an overall reduction in government, you don't have time for details.

      It's the same way a lefty would generalize entire groups of people ("1%ers" "the rich" etc). Difference is, a lefty has much more experience in this field, and will likely win in a battle of generalizations. This is evident in the continued expansion of government.

    92. Re:Consequences... by operagost · · Score: 0

      You're a government worker, I see.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    93. Re:Consequences... by operagost · · Score: 2

      Yeah, that would have fantastic consequences on the rest of the industry that DIDN'T spill oil.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    94. Re:Consequences... by Sponge+Bath · · Score: 1

      No. Your make baseless claims, I see.

    95. Re:Consequences... by Anonymous Coward · · Score: 0

      You make a very persuasive point.

      OTOH, as Statoil has grown and expanded to work fields outside of Norway, it hasn't been very competitive, losing money on those ventures. The current government wants to further reduce its stock holdings, and investors would like to see Statoil spin off its foreign interests because the only profitable business they do is tending to Norway's resources, which they do very well. Also, I'd point out that a majority stake in a private company is not the same thing as a national ownership.

      But your point stands. Nordic societies have proven exceptional in many ways in the past 50 years.

    96. Re:Consequences... by operagost · · Score: 2

      25 years ago, this WAS considered an adequate cleanup. This may shock Slashdot, but we're come very far since then. That's why the Deepwater Horizon spill cleanup was so effective.

      Perhaps it would help if I quoted the part of the article that WASN'T in the summary:

      Researchers aren't sure how much oil remains ensconced under these bouldersâ€"that would require a different kind of study. "We think it's low levels," says Irvine. "Quite frankly, I didn't think [oil] would be there because it's been so long."

      Nonetheless, the oil is thereâ€"and is leaking out. Irvine and colleagues collected and tested mussels near these boulder fields and found low levels of Exxon Valdez oil in their tissues.

      Irvine says the levels are so low that it probably isn't a cause for concern for the animals. She says the main takeaway from the study is the fact that surprisingly fresh oil can linger in certain environments long after a spill has been cleaned up.

      The oil levels are basically only interesting and not threatening.

      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
    97. Re:Consequences... by TapeCutter · · Score: 1

      The basic premise of capitalism is that the guy with the capital takes both the financial risks and the financial rewards. Labour prostitutes itself to capital for the best deal it can get. The government sets and enforces the rules of trade (ie: the "market"), some are closed markets (eg: plutonium market), others are "free" for anyone to participate (eg: NYSE). However without government regulations (in particular property law), there is no "free market" or any other kind of market, the entire edifice simply collapses back to the default system of trade - anarchic barter.

      Domestic laws and international trade agreements are the "mysterious force" that motivates the "invisible hand" to move in a particular direction in search of profit. Unfortunately for most of us that direction has been towards greater income inequity for the last 4-5 decades, so much so that the world's richest 500 now have a greater combined net income than the world's poorest 3.5 billion, to put that number in perspective there were only 3.0 billion people alive when I was born..

      The "system" can and should be changed to one where labour is actually rewarded and the difference between riches and poorest is one or two orders of magnitude, not the current six or seven. How this can be achieved I have absolutely no idea, all the other "isims" are just as bad, if not worse. For instance Karl Marx starts his manifesto with the words "To each according to need, from each according to ability", it's a really good opening line that is hard to disagree with without looking like a sociopath, but it goes down hill rather rapidly after that first sentence.

      There is however hope that the pendulum might swing the other way. This whole (modern) democracy thing can be traced back to a group of wealthy merchants forcing a warmongering English King to sign the Magna Carta. Wealthy merchants today also have the upper hand with the current globalization thing and wars are bad for everyone except those in the (closed market) international arms trade. Many of the really big multi-nationals have openly embraced moves like the Sarbanes-Oxley act in the US and anti-corruption laws in the UK/EU. I'm sure like me, many people here on Slashdot have to suffer mandatory "corporate governance training" as I do once a year to officially remind us these laws exist and apply no matter where you do business. But at least it's a serious attempt from the "big end of town" to move the invisible hand in the right direction. - Assuming that you think enforcing the same basic market rules no matter where or with whom the company does business is a sensible step towards levelling out a very lopsided global playing field.

      --
      And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    98. Re:Consequences... by Immerman · · Score: 1

      Well obviously we wouldn't want to apply such market-changing regulations retroactively, and 401k's tend to shoot for relatively low risk investments, so presumably the fund managers would simply move to less risky investments. And if corporations want to attract more investors then they have great incentive to actually implement state-of-the-art safety systems and painfully transparent independent oversight.

      Would it hurt inherently high-risk industries like oil and nuclear? Probably. But if those industries can't remain viable without socializing the risk then perhaps we don't want them operated as private industries to begin with. Either socialize* the profits along with the risks, or phase them out entirely. After all renewable energy is already cheaper than either once you remove the extensive subsidies and tax breaks, and that doesn't even factor in the free pass they get for environmental.

      * and lest you be of the anti-big-government persuasion (and I wouldn't blame you) there's no reason government would have to be directly involved in the process - how about every citizen gets exactly one non-transferable voting share in each of the N companies licensed to operate (don't want monopoly abuses after all, nor non-competing stagnation), and collect dividends accordingly. No reason corporate legal infrastructure can't be leveraged for more socially beneficial ends, we could basically create one or more democracies-in-microcosm for any given socialized industry, and if a company needs a cash infusion instead of selling additional stock they request it from their investors in the form of either temporarily reduced dividends or asking the government for a grant/loan/subsidy.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    99. Re:Consequences... by plopez · · Score: 1

      The breakup value of Exxon is far beyond what is needed to pay for the spill and the lives that the spill destroyed. Over a 25 year span it would be miniscule.

      --
      putting the 'B' in LGBTQ+
    100. Re:Consequences... by mrchaotica · · Score: 0

      Not to mention, with automation (including direct-deposit, so there's not even physical checks being mailed), a lot of the overhead ought to be fixed rather than scaling with population. Given that the US population is 18x larger than Chile's but the overhead is only 10x less, that means the US SSA is doing worse than Chile's (assuming the % of population on retirement is the same in both places, etc.).

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    101. Re:Consequences... by Anonymous Coward · · Score: 0

      if its leaking out its probably occurring naturally.
      there is oil there you know.

    102. Re:Consequences... by blue9steel · · Score: 1

      Sure, bad things happen, no doubt. The issue is that in this case, as in many other corporate environmental disasters, is that they were over optimizing for the short term and attempting to externalize a variety of costs that shouldn't be. They did that because the perceived risk was less than the cost of fixing the problems. A quick look a the consequences suggests it wasn't that traumatic for them: $287 mm actual damages $507.5 mm punitive damages $2 Billion cleanup costs $1 Billion settlement costs of civil and criminal cases A significant portion of the legal and cleanup charges were recovered from their insurers So they paid less than $2 Billion dollars (after insurance) compared to their net income at that time of roughly $5 Billion and they didn't even have to pay it all right away, it was spread over many years while inflation reduced its value. For an oil spill that was enormously damaging to the environment and easily preventable given reasonable precautions that's an extremely light punishment. Not one person went to jail and the company essentially got a slap on the wrist.

    103. Re:Consequences... by Gavagai80 · · Score: 1

      No company folds because of reduced profit. Taking half the profit means they're getting rich at a slower pace, it cannot put the company in trouble. Child support wouldn't be bankrupting anyone if it were a percentage of profits after deducting all living expenses, either.

      --
      This space intentionally left blank
    104. Re:Consequences... by mrchaotica · · Score: 2

      Bad events happen because humans (including the suit-wearing ones) can't predict the future.

      Large corporations cause bad events to happen because they dilute responsibility.

      Solution: ban large corporations!

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    105. Re:Consequences... by mrchaotica · · Score: 1

      Your average investor who owns stock via their 401(k) or other mutual fund investment isn't able to make such choices...

      Bullshit. The average investor is perfectly free to choose not to hold funds that include Exxon.

      (Personally, I think the risk is worth it anyway... I hold total-market index funds, and would be perfectly fine with the fraction of value represented by Exxon going to zero if that were necessary for the clean-up. Oh noes, my VTI decreased by 2.15% -- whoop-de-fucking-do!)

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    106. Re:Consequences... by Anonymous Coward · · Score: 0

      OTOH, locating, recovering, shipping, and distributing oil and oil products is a very complex, capital intensive business with a rapid pace of development and subject to extreme market volatility

      When contigiency plans that are supposed to be in operation, when support materials aren't where they were supposed to be in the event of such a catastrophe and when the obvious usual corporate policing of itself (letting a known alcoholic master the Exxon Valdez oil tanker) is absent as well as state and federal oversight, the recipe for this kind of accident is completely man-made and waiting to happen. So, everyone is caught with their pants down and crying in a closed conference room. However, profits were so fricking high regardless, this company could still be doing much more to continue cleaning up their mess. Many decisions were made that just made the spill in Prince William Sound worse. Much of the dispersement chemicals used were almost as toxic to the ecosystem if not more so. The air to water coordination of booming containment was nil and also so extremely impossible because the first thing done was to dump the dispersement chemicals on the grossly immense spill. And then, the seas got rough to make everything worse, except for churning up the dispersement chemicals and oil. So now, huge tar balls are still rolling around on the bottom of the ocean killing everything they roll over. Was it possible to skim and recover the oil with a proper attachment of contingency in place, maybe we'll never know. Some of my friends have since died because they got sick from the on-shore clean-up effort, and were not made aware of just how toxic the oil and the chemicals used to wash it off the rocks were. Many livelihoods were all but destroyed for years fishing in PWS, and eXXoff never paid me one penny. It still owes many fishermen millions of dollars. MILLIONS. All the ball-busting now by state, federal, & USCG agencies doesn't make a lot of good sense, we didn't do this. And look here.. no one is attempting to clean up the air around the pipeline terminal where vapor recovery is a non-existent joke. Watch for the blue benzene haze to linger around the bay, some time for months. Its a sad legacy for a once proud nation and for such a pristine place on the planet.

    107. Re:Consequences... by AK+Marc · · Score: 1

      They knew about the crash worthiness of the ship.

    108. Re:Consequences... by AK+Marc · · Score: 1

      Their market cap was such that if they didn't pay, you nationalize them, then sell off the parts (stock or equipment, depending on which is worth more). And you'd get a better result.

    109. Re:Consequences... by Concerned+Onlooker · · Score: 2

      "The problem lies in the definition of "just" - the term is too subjective."

      Then let me define it for you. The laws apply evenly and equally to everyone.

      --
      http://www.rootstrikers.org/
    110. Re:Consequences... by Toth · · Score: 2

      If the oil companies had their way, the spill would not have taken place. The Business Proposal was the Mackenzie Valley pipeline. The environmental folks opposed it because it. There were hearings and it was denied. "The noise of construction might frighten the caribou.!", etc.

    111. Re:Consequences... by AK+Marc · · Score: 1

      ...Because, of course, it's the board that chooses what route to take through a narrow channel, and the maintenance plan for the radar, and the sleeping schedule on the ship.

      So you are asserting that no employee or contractor of Exxon knew about the captain's problem until after the crash?

      Because that captain had a boss. If that boss knew nothing about the captain's performance, he's incompetent. And so on up the chain. Corporations are shields because we hold nobody responsible for anything. So they act like spoiled 3 year olds, knowing there's nothing they can't cry their way out of.

    112. Re:Consequences... by AK+Marc · · Score: 1

      An environment of safety is something that can be set by the top. China beats the US in lots of metrics. One reason is that a guy on a loading dock makes an error, and the CEO can lose his head over it (actual death penalty). If that accountability was used in the US, you honestly think that nothing would ever change?So nobody could have foreseen any ill consequences from putting a drunk in charge of an oil tanker that has a complicated and dangerous route?

    113. Re:Consequences... by FlyHelicopters · · Score: 2

      Yes, it sure would reorganize the markets...

      The question is, do you understand what those markets might look like when that was done?

      Do you have any idea of the effects of your ideas? You might find that you make us all poorer in the end for your thinking.

      Is the current system perfect? No. But that doesn't mean any change is good by default, and your suggestion would be a disaster for our way of life.

    114. Re:Consequences... by FlyHelicopters · · Score: 1

      You might be surprised, take a look at some large company 401(k)s. Many of them offer only limited investment choices and some of the larger companies are in most, if not all of them.

      Most people who have a 401(k) can't just trade in it like a normal account, they have sometimes 10 or fewer things they can invest in.

      As for Exxon going to zero, that would have massive and wide ranging effects, far beyond the value of Exxon stock. That you don't understand this is ok, many people don't understand this... but it means that you shouldn't be talking about such things that you don't understand.

    115. Re:Consequences... by FlyHelicopters · · Score: 1

      Some 401(k)s are low risk, but plenty are not. After all, in 2009, a whole lot of them went down a lot in value. If they were such low risk, that wouldn't have happened.

      Your comment that renewable energy is cheaper than oil and nuclear indicates that you have an agenda... No, they really aren't, if they were, companies would be making money hand over fist with them...

      In truth, your comments and views seem to be of a socialist nature... which isn't a crime, but we don't live in a socialist country.

    116. Re:Consequences... by FlyHelicopters · · Score: 1

      Sometimes that is the point of punishment, to get them to change their behavior... but sometimes it isn't...

      After all, when you put someone to death, clearly you aren't going to get them to change anything (other than prevent them from doing it again).

      And frankly, it doesn't seem to deter much crime either, the general view seems to be that people don't think they'll get caught or don't think it will happen to them. So punishing someone else doesn't seem to do much outside of minor punishments for minor crimes.

      Now, that being said, if you want the oil companies to change their behavior, you can do that several ways. One is to change the "rules". After all, if an oil spill happens, that does not mean, by default, that they broke the rules. Accidents happen, it doesn't mean there is always "fault".

      One way is to make the punishments harsh for breaking any existing rules... Which is fine, but if you make the punishments too harsh, they either stop being effective or, in the case of large companies, it becomes cheaper to buy off Congress to get their way.

    117. Re:Consequences... by FlyHelicopters · · Score: 2

      Actually, that isn't true...

      How you live your life and how capital is invested in companies is not the same thing.

      If you take half of a company's profits, then the investors in that company have to decide if the return on investment is still worthwhile. They may well put their money into another company that has no such restrictions and make more profit.

      Capital gets invested in projects that return enough in profit to make the investment worthwhile. Take away half that profit and the company may no longer be viable, even if it still makes profits.

    118. Re:Consequences... by AK+Marc · · Score: 1

      Compared to what ADP charges for it, it's a bargain.

    119. Re:Consequences... by Immerman · · Score: 1

      Renewables have their issues, most prominently the need for energy buffering, but the cost of production is not one of them. Without the extensive subsidies, tax breaks, and grandfathered immunity to environmental regulations, it's estimated that fossil fuels would cost 2-3x as much as they currently do, and renewables are already approaching or exceeding price-parity with fossil fuel based energy. That's why in much of the world an unsubsidized private solar installation on your home can already pay for itself in under ten years, while having at least a 20 year lifespan. Do the math - you're getting your electricity for half the price, and that's without the benefit of the economy of scales that a power company benefits from.

      How is it socialist to claim that people should be responsible for the consequences of their actions? Just because you incorporate you shouldn't get a magical "get out of jail free" card that lets you push the costs of your business onto the public. Either give up the card, or give up the corporation. If you have both you're no longer practicing anything resembling capitalism.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    120. Re:Consequences... by AK+Marc · · Score: 1

      Domestic laws and international trade agreements are the "mysterious force" that motivates the "invisible hand" to move in a particular direction in search of profit.

      Go re-read about the hand. The invidible hand acts in spite of the laws and agreements, not because of them. If you erect artificial barriers, the "invisible hand" will arbitrage around them, not be guided by them.

    121. Re:Consequences... by AK+Marc · · Score: 1

      They have liability up to the amout of money they have invested. The way it works now, they have much lower liability than that. Only in truly exceptional circumstances (Enron) do shareholders get held to their maximum liability. Shareholders should be held laible more often.

    122. Re:Consequences... by AK+Marc · · Score: 1

      The original point of a corporation was to limit liability of the investor to no more than the amount invested, presuming they weren't otherwise involved (on the board, employed by it). This has been misunderstood to having the corporation accept liability for individual actions, but that may just be a modern thing caused by lawyers showing that any individual couldn't have known they'd change the outcome, even if they provably did change it.

    123. Re:Consequences... by AK+Marc · · Score: 1

      How would it have hurt BP to have nationalized Exxon at the time?

    124. Re:Consequences... by Hognoxious · · Score: 1

      Exxon are good ol' boys. They should make those limey BP bastards pay for it.

      P.S. Is this guy a retarded shitcock or what?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    125. Re:Consequences... by FlyHelicopters · · Score: 1

      I would disagree with your idea that subsidies and tax breaks would raise the price of fossil fuels 2-3x.

      They are expensive in the rest of the world due to taxes, not because they actually cost all that much.

      Coal, oil, and natural gas are cheap, that is all there is to it.

      I live in Texas, I'm part of a non-profit electric co-op, I pay 11 cents per kwh for power and get a check at the end of the year for my share of any left over profits, my net cost is actually a tad under 10 cents per kwh after that.

      My co-op has installed a limited test solar panel generation facility, they have reported their total cost of power from that facility in 2013 (it was installed in 2012) was 25 cents per kwh.

      Solar is not cheap, not by a long shot. Wind is cheaper, but not as cheap as coal is. They are working on it, some day it may well be cheaper than coal, but we aren't there yet.

    126. Re:Consequences... by drinkypoo · · Score: 1

      If the oil companies had their way, the spill would not have taken place.

      Sure it would have. It just would have happened somewhere else. History shows us that the oil companies will have leaks so long as it is not made unprofitable to have the occasional leak.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    127. Re:Consequences... by Anonymous Coward · · Score: 0

      Do you drive a car?
      Do you buy groceries from the store?
      Do you have electricity, running water, etc?

      Then you're just as much to blame as they are.

    128. Re:Consequences... by Anonymous Coward · · Score: 0

      Except without those corporations it would be prohibitively expensive to transport goods and services, provide electricity, move food from farms to stores, employ thousands of American citizens. You don't seem to have any problem using the Internet and yet how would it exist without infrastructure provided by corporations? Your analysis is far to simple to be taken seriously.

    129. Re:Consequences... by Anonymous Coward · · Score: 0

      I'd wager that the company did not knowingly allow him to operate the tanker drunk. I'd think Exxon, much like all companies have rules regarding drinking on the job. Most of them have verbiage that includes "up to and including termination." The problem is that someone can work under the influence for years and not have an incident. On the one occasion where one happens then that suddenly becomes the focus. If we're going to talk about responsibility why don't we talk about the guy operating the tanker under the influence? Should the CEO lose his head because the operator made a bad decision? Would you accept that risk and lead a corporation if that were the case? Don't get me wrong I think there should be more responsibility in corporate levels up to CEO, but let's not ditch personal responsibility while we're in that process.

    130. Re:Consequences... by Anonymous Coward · · Score: 1

      So the next time you get into an automobile accident, whether your fault or not, we say you should have foreseen it, and seize your house, savings - including any and all retirement funds (yes, social security account as well) - and permanently garnish 75% of all future income to punish you for obviously cutting corners such that you were hit by a car running a red light. After all, you should have been able to foresee that event and avoid it.

    131. Re:Consequences... by Immerman · · Score: 1

      I'm next door in northern New Mexico, and have a friend in the home solar installation business. As of 2012 electricity from the local monopoly cost around 11.5 cents per kwh. Roof mounted, grid-tied home solar installations typically pay for themselves in 5~7 years, meaning that amortized over a 20 year "optimal production" lifetime the cost per kwh is 11.5 * (5~7) / 20 = 2.9 ~ 4 cents per kWh. Subsidies and tax breaks typically cover ~30% of the total cost, so we're looking at a maximum of 4/(1-0.30)= 5.7 cents per unsubsidized kwh over the first 20 years, and the panels are expected to have at least another decade or two of life in them after that, so call it 2~4 cents per kWh over the expected lifetime - even the cheapest coal will have trouble hitting those prices.

      Granted we're a near-ideal setting for solar power, with well over 300 clear-sky days per year, but if your coop pilot project was 5x as expensive I would suspect incompetence, corruption, or that they're attempting to amortize the infrastructure over far too short a timespan. Or perhaps they were attempting to use high-efficiency solar panels, which are far less cost effective.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    132. Re:Consequences... by Immerman · · Score: 1

      Or - another possibility - it could be that your co-op has to provide it's own power buffering rather than being able to sell power to the grid at the same rate it purchases it. Sufficient batteries are easily the most expensive part of a non-grid-tied solar system. But that has nothing to do with generation per se.

      Oh, and as for fossil fuel costs - in the rest of the world those high taxes are largely in place to pay for the socialized expenses incurred by fossil fuels - toxic pollution, international politics, etc. So yes, they are part of the real cost, just part that aren't reflected in market prices.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    133. Re:Consequences... by FlyHelicopters · · Score: 1

      Something is wrong with your numbers... If solar was that cheap, it would be installed everywhere, it would be obvious and cheap and everyone would be doing it.

      I've priced solar installed on my home. At my current power rates, the break even ranges from 15 years to never, depending on what assumptions you use.

      Solar doesn't cost 4 cents per kWh anywhere, if it did, power stations everywhere would have them very, very quickly.

    134. Re:Consequences... by AK+Marc · · Score: 1

      So, nobody who worked closely with him had any idea he was drunk repeatedly? I remember reading that the crew was familiar with him being below decks for the "tricky" part of the trip, as he slept off his previous night's actions.

      "At the helm, the third mate never would have collided with Bligh Reef had he looked at his RAYCAS radar. But the radar was not turned on. In fact, the tanker's radar was left broken and disabled for more than a year before the disaster, and Exxon management knew it. "

      That's sufficient to get Exxon a loss with insane penalties. They knowingly sent a ship to sea in an unsafe manner. Anyone who permitted that should have been sent to jail, and $100 Billion would have been about right for the fine.

    135. Re:Consequences... by khallow · · Score: 1

      If you think companies should be able to reap all of the profit while the rest of us bear the risk and expense of cleaning up after them, then enjoy the terrible world you'll live in.

      No, I already stated what I think. Namely, that if this were truly important to you, then you should have to put something in the pot as well.

    136. Re:Consequences... by Immerman · · Score: 1

      I tend to trust them, this company has been in operation for many years with a long list of satisfied customers backing up their claims. And of course you need to establish a good working relationship with the right companies to get the prices they're leveraging - if you buy solar panels out of a consumer-oriented catalog they'll be considerably more expensive.

      As for the power companies converting - not necessarily. Most places without our sunny weather are looking at closer to 10-12 years payback, and probably closer to 15-20 for a power company for whom the usual markup is profit rather than expense. Essentially you're buying a decade or two worth of energy up front, and power companies are just as focused on short-term profit as any other industry - being in debt for 20 years won't do good things for anyone's bonuses. Plus there's the fact that solar panel prices are still in free-fall, in ten years the same production capacity can reasonably be expected to cost significantly less than it does today.

      Oh, and finally - the local power company doesn't have the luxury of offloading power buffering to the grid, they *are* the grid. And current batteries can easily cost twice what the solar panels do, for half the operating life, easily making the total system cost 5x the generating costs. Alternately the fossil-fuel generators could be kept online - but you still need just as much production capacity to handle peak loads on overcast days, so you get no reduction in fixed or maintenance costs, you just have a *whole* lot of generators that are now sitting idle most of the time, and a reduction in fuel costs. Some companies in regions where private grid-tied solar has taken off are already seeing the beginnings of such problems.

      There are several far more cost-effective grid-scale power storage systems on the horizon, but until they get here solar is just not a particularly good investment for power companies.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    137. Re:Consequences... by Sarten-X · · Score: 1

      They knowingly sent a ship to sea in an unsafe manner.

      Sending out the ship without radar wasn't necessarily unsafe. After all, there's still the skill of the pilot to consider, and the planned route goes through known-safe waters, and the Coast Guard tracks ships to warn of any danger. The radar's just an extra sensor.

      Unfortunately, the Coast Guard stopped their tracking, the route was changed to avoid icebergs, and the third mate was piloting. What are the odds that any single person was actually aware that all of the safety mechanisms were failing at once? Sure, HR might have known about the captain's drinking, but it may not have been considered a serious issue (at a corporate level) because of the other safeguards in place. Similarly, the radar's maintenance wouldn't have been considered a high priority, especially if it wasn't often relied on, and the ship's crew changed course with no knowledge that the Coast Guard wasn't watching.

      So who, exactly, sent the ship out knowing that it was unsafe to do so?

      --
      You do not have a moral or legal right to do absolutely anything you want.
    138. Re:Consequences... by fustakrakich · · Score: 1

      Personally, I have a better idea: Let's just accept the fact that life is complicated and there are no easy answers...

      Gee, I hope you feel that way after I run over your mother-in-law because I was drunk.

      --
      “He’s not deformed, he’s just drunk!”
    139. Re:Consequences... by khallow · · Score: 1

      If that was on purpose, you appear to be somewhat uninformed with respect to the charter and organizational structure of the Social Security Administration.

      And you appear to be unfamiliar with the accounting. Social Security doesn't do GAAP (Generally Accepted Accounting Principles) for example. And real pension funds (yes, I know that Social Security isn't meant to be anything useful like a pension fund) manage the funds they have, not just shunt them off to the general budget of the US to be squandered that fiscal year. The "efficiency" of Social Security is bought at tremendous cost.

    140. Re:Consequences... by AK+Marc · · Score: 1
      The captain had a suspended license from his most recent of a string of DUIs. He couldn't drive a car, but was legal to thread the needle with a tanker? Either Exxon is criminally negligent with failure to perform basic checks, or criminally negligent in identifying a repeat offender of operating heavy machinery while drunk, then giving that person very very heavy machinery to operate.

      So who, exactly, sent the ship out knowing that it was unsafe to do so?

      Exxon did.

    141. Re:Consequences... by khallow · · Score: 1

      He doesn't want to be forced to pour a lot of money into it. He doesn't want to be forced to pay for a lot of things government does right now. When your objective is an overall reduction in government, you don't have time for details.

      While I think you sum up my attitude well, I want to point out something about that last sentence. Nobody has that kind of time for a government with a budget almost a hundred million times larger than the median personal income in the US and which employs several million people in the US.

      Nor do we have the details. For example, most such claims of "efficiency" in Social Security ignore whether there is fraud. The slim overhead is for a system that writes checks, not one that has sophisticated fraud detection.

      Similarly, they ignore that Social Security doesn't do anything useful with the funds that get put in. Historically, these got transferred immediately to the US general fund (via purchase of imaginary treasury bonds) and squandered that fiscal year. Or dumped in the laps of the relatively rich elderly. Now, it's starting to reverse with Social Security consuming a small but increasing portion of the federal budget.

      It's the same way a lefty would generalize entire groups of people ("1%ers" "the rich" etc). Difference is, a lefty has much more experience in this field, and will likely win in a battle of generalizations.

      The real difference is that I'm talking concrete money (and a vast economic misdirection of society) and the "lefty" is talking vague groups of people. And it's not really "lefties" that are causing the problem here with Social Security, but people who vote, who tend to be older and more likely to benefit from Social Security.

    142. Re:Consequences... by Immerman · · Score: 1

      So the investors leave and the stock falls to a penny on the dollar, so what? That has exactly zero effect on the value of the comapnies assets, nor on it's profitability. The value of a company's stock is largely irrelevant to the functioning of the company, except when they are selling new stock to raise additional capital.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    143. Re:Consequences... by khallow · · Score: 1
      You have nothing useful to say. Even though we don't magically agree on what is "just" doesn't mean that there is no such concept or that we shouldn't attempt to strive for it.

      Justice is decided by whoever has power.

      No, to the contrary, it's been from the beginning the constraining of the powerful to the benefit of the weak and all of mankind. From the preamble to the Code of Hammurabi:

      When Anu the Sublime, King of the Anunaki, and Bel, the lord of Heaven and earth, who decreed the fate of the land, assigned to Marduk, the over-ruling son of Ea, God of righteousness, dominion over earthly man, and made him great among the Igigi, they called Babylon by his illustrious name, made it great on earth, and founded an everlasting kingdom in it, whose foundations are laid so solidly as those of heaven and earth; then Anu and Bel called by name me, Hammurabi, the exalted prince, who feared God, to bring about the rule of righteousness in the land, to destroy the wicked and the evil-doers; so that the strong should not harm the weak; so that I should rule over the black-headed people like Shamash, and enlighten the land, to further the well-being of mankind.

      Justice is a particularly difficult ideal to approximate, but that doesn't mean that it doesn't exist or that we should not try to achieve it.

      "Justice" is when we humans try to rationalize that it was "right" or justified to kill a man, be it the poor man, the rich man, or both (maybe they're both terrorists, or enemy combatants, or whatever the boogeyman of the day is)

      We can rationalize on different sorts of bases. For example, I could rationalize that killing you was justified because you had money I wanted. Or maybe I just never bothered to rationalize my acts at all.

      But most of the time, I'll rationalize some reason for not killing you or even for that matter, bothering you in some way. Everyone does that. So these rationalizations can and have saved your life on many, many occasions. So that seems a very poor reason to discount "justice".

    144. Re:Consequences... by Sarten-X · · Score: 1

      I'm asserting that no single person at Exxon knew the actual magnitude of the total risk prior to the crash.

      Everyone up the chain from a problem receives reports in ever-diminishing detail. By the time reports of multiple risks (like the nonfunctional radar, crew condition, and lack of equipment) are actually together in one place, their relative importance has been diluted by all of the other similar reports that will not result in a disaster. The inverse also holds - successes are also diluted, which is why it seems so hard to be recognized for successes in a large organization.

      It's not that the corporation is a shield as much as it is that the corporation is too big to not fail. Even if it's possible for the risks to be communicated across the organization effectively, there are so many other mundane concerns that it's unlikely anyone will every put together the fact that there are no remaining safeguards.

      --
      You do not have a moral or legal right to do absolutely anything you want.
    145. Re:Consequences... by FlyHelicopters · · Score: 1

      So what? You simply don't understand the harm that you'd do to the overall economy, your ideas would cost jobs, destroy wealth, and reduce the standard of living for everyone.

    146. Re:Consequences... by riverat1 · · Score: 1

      That's why the Deepwater Horizon spill cleanup was so effective.

      There's a big difference between the cold water North Pacific waters and the warm Gulf of Mexico waters. Bioremediation works much better in warm waters. Nevertheless I'd bet you that 25 years from now we will still be able to find remnants of the Deepwater Horizon spill in the Gulf.

    147. Re:Consequences... by riverat1 · · Score: 1

      No, there is no oil in Prince William Sound. The oil that was spilled was piped down from the Arctic Ocean to Valdez, AK to be loaded on the tanker.

    148. Re:Consequences... by AK+Marc · · Score: 1

      I'm asserting that no single person at Exxon knew the actual magnitude of the total risk prior to the crash.

      And I'm asserting that 100 people knew there was a 1% risk. So the choice is to not punish the gulty because they didn't know enough to know it was a "big" risk, or to let everyone get away with everything, so long as they are rich, or work for the rich. Apparently, Cash is King.

    149. Re:Consequences... by Sarten-X · · Score: 1

      He couldn't drive a car, but was legal to thread the needle with a tanker?

      Yes, actually. They're separate licenses, from entirely separate agencies. Apparently the Coast Guard requires disclosure of such things during renewal, but that only happens every five years. I guess the Coast Guard's also negligent for not keeping up with every certification of every sailor.

      Exxon did.

      If Exxon itself, the collective entity, was the only entity that knew the whole risk in sending the ship out, then the next issue is responsibility. That requires a conscious decision to cause harm. Are you also going to assert that Exxon is conscious?

      --
      You do not have a moral or legal right to do absolutely anything you want.
    150. Re:Consequences... by AK+Marc · · Score: 1

      Exxon made a conscious decision to cause harm. They knew they had a drunk driver at the wheel of a "broken" ship. Yes, that was a conscious decision.

    151. Re:Consequences... by sFurbo · · Score: 1

      Fair enough, provided that funding for repairs is *guaranteed* meaning that even if a catastrophe is due to gross negligence or intentional sabotage, some combination of insurance and company liquidation will still cover it.

      Sure, but allow the insurance company to sue the oil company for the damage afterwards if they can prove negligence or intentional sabotage. The cleanup will be paid, and the culpable parties will be punished (eventually, if culpability can be proved).

      And that the insurance company has to be able to cover their liabilities even if several unrelated catastrophes occur in the same bad year.

      That's already a problem with insurance now, and it is handled by reinsurance. If the probability of oil spills are not linked (and I don't think they are, but please enlighten me if I am wrong), it shouldn't drive up the price of insurance too much.

      [...]we'd be siphoning a pretty huge amount of money out of the system, so I don't know that it would actually improve anything.

      Don't think of it as siphoning, think of it as paying to a reserve that covers the cleanup of any spill. Sure, there will be an overhead, but putting all of the money needed in a reserve from day one would result in opportunity cost, so I don't think it will be much more expensive (assuming functioning markets in the insurance business, but between companies, I don't think that's much of a stretch).

    152. Re:Consequences... by Anonymous Coward · · Score: 0

      No, to the contrary, it's been from the beginning

      the Code of Hammurabi

      Incorrect, Hammurabi actually validates my statements. The Code only meant anything AFTER Hammurabi used violence to conquer everybody else in the region to establish his rule, and wouldn't hold meaning if he didn't use violence to enforce it. Hammurabi had power, so he decided for all his subjects what "justice" is, and if they didn't obey he'd use violence to enforce his will.

      Hammurabi (not he himself necessarily, but his enforcers) will cut your tongue out if you badmouth your dad

      Hammurabi will make you your husband's slave if you've been a bad wife (whatever bad wife means)

      Hammurabi will throw you in a river if you are charged with sorcery

      etc

      Justice is a particularly difficult ideal to approximate, but that doesn't mean that it doesn't exist or that we should not try to achieve it.

      It doesn't mean we should try either. You could make that same argument for AGW (look, it's particularly difficult to approximate global temperatures and the effects of human activity, but it doesn't mean global warming doesn't exist or that we should try to do something about it. WE MUST ACT NOW!) or even communism.

      Throughout history, those who "try to achieve" justice often do it by killing. God/the King/Government told me they're evil, and we're bringing "justice" to them by killing them (or enslave them, or stealing from them and redistributing their wealth, etc)!

      Activities that actually progress humanity, like inventing a useful technology or starting a business, are not done in the name of justice, but free market economics. It is not out of the kindness of bakers that we get our bread. Neither is it out of his sense of justice.

      But most of the time, I'll rationalize some reason for not killing you or even for that matter, bothering you in some way. Everyone does that. So these rationalizations can and have saved your life on many, many occasions. So that seems a very poor reason to discount "justice".

      False dilemma. One does not need "justice" to not kill people. For example, there's always rational self interest. From a rational self interest standpoint, killing someone terminates any future productivity and value they might bring. There's also costs related to killing someone (their family and friends will be hurt, and they might take revenge). In the end, killing someone is a costly and risky operation with questionable gains, and thus is a rarely exercised option.

      Contrast to acting in the name of "justice", where costs are ignored because god dammit we NEED to bring those EVIL EVIL people to justice! Think of the children!

      "Justice" is not necessary to create an equitable and prosperous society. In fact, it is when people pursue justice that unintended consequences happen and things become less equitable.

    153. Re:Consequences... by Anonymous Coward · · Score: 0

      Nobody has that kind of time

      Nor do we have the details.

      Lefties also has no time to go over the details of the "rich", nor would they get all details. It's not like rich people have to obey by FOI processes (not that government obeys, but at least we can then say it's government who's wrong for not obeying)

      The real difference is that I'm talking concrete money

      So are the lefties. They're talking about concrete money "the rich" and the "1%ers" have.

      and the "lefty" is talking vague groups of people

      This falls under "they don't have time for details".

      This is one of the ways how lefties are more adapt in a battle of generalizations and usually win. It's asymmetrical warfare in way. They can launch more attacks faster while you have to take time to build precise arguments.

      And it's not really "lefties" that are causing the problem here with Social Security, but people who vote, who tend to be older and more likely to benefit from Social Security.

      I didn't say lefties are causing the problem with SS, I'm pointing out your way of thinking is not so different from the lefties.

      You are right that it's older people who benefit from SS. It's worth noting though that older people tend to be richer, and would fall into a lefty's vague definition of "rich" people. A lot of vitriol is directed at Boomers, blaming them for the mess we're in.

      So really, you and the lefties may very well want the same thing and cut off SS. You do it in the name of reducing government. They do it in the name of cutting off those eeeeeeeevil "rich" retiring Boomers

    154. Re:Consequences... by Immerman · · Score: 1

      >Sure, but allow the insurance company to sue the oil company...
      Works for me

      >Don't think of it as siphoning...
      If it were mostly going into a reserve fund/ being paid out for ongoing remediation I'd agree, but that's not usually how insurance works, lucrative profit margins must be maintained after all. With extensive regulation and oversight we could perhaps bring overhead down to only 30% or so, lets see how the medical insurance reforms play out in practice, shall we?

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    155. Re:Consequences... by khallow · · Score: 1

      The Code only meant anything AFTER Hammurabi used violence to conquer everybody else in the region to establish his rule, and wouldn't hold meaning if he didn't use violence to enforce it. Hammurabi had power, so he decided for all his subjects what "justice" is, and if they didn't obey he'd use violence to enforce his will.

      So "using violence" or "having power" somehow precludes the concept of justice?

      Hammurabi could have just not bothered with the exercise in the first place. But that "rationalization" was more important to him than his power was.

    156. Re:Consequences... by khallow · · Score: 1

      I didn't say lefties are causing the problem with SS, I'm pointing out your way of thinking is not so different from the lefties.

      Ok, how is "my way of thinking" similar? Or your way, for that matter.

    157. Re:Consequences... by Pseudonym · · Score: 1

      You mean try to use energy sources that are less dangerous and potentially cheaper (when you take out subsidies) than oil? What are you, some kind of Marxist?

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    158. Re:Consequences... by Anonymous Coward · · Score: 0

      So "using violence" or "having power" somehow precludes the concept of justice?

      Using violence and power brings you order, not justice. Now, order has many advantages, but it still isn't justice.

      Hammurabi could have just not bothered with the exercise in the first place.

      Then we'd be talking about the next earliest guy who codified laws. Hammurabi just happened to be the earliest guy we know of.

      But that "rationalization" was more important to him than his power was.

      Sure, if we take the words of government praising its own king at face value. Let's assume that politicians lying and saying whatever garners them more support and entrench their powers is just a recent phenomenon.

      Let's assume Hammurabi actually believed what he wrote down, that the gods inspired him (or was it handed down directly, doesn't matter, it's from GOD ok?), that all the work he's doing, he's doing it for the Greater Good... ...that doesn't mean you have justice. It just means Hammurabi, like plenty of people before and after him, like to tell himself that he's paving this road with the best of intentions.

  3. Mayonnaise by Anonymous Coward · · Score: 0

    Also like mayonnaise left out on the counter for too long, it is disgusting, toxic, and may harbor several species of bacteria previously unknown to science.

  4. why the surprise? by Anonymous Coward · · Score: 0

    the surprising thing is being surprised million-year old oil lasting longer than 25 years

    1. Re:why the surprise? by flyingfsck · · Score: 4, Insightful

      Eventually, something will eat the oil. Oil is basically archaia bacterial poop originally made deep under ground.

      --
      Excuse me, but please get off my Pennisetum Clandestinum, eh!
    2. Re:why the surprise? by Anonymous Coward · · Score: 2, Informative

      There are bacteria that eat oil, but they work very very slowly. This should not be surprising given the quantity of oil just sitting there in the ground, undigested.

    3. Re:why the surprise? by Anonymous Coward · · Score: 0

      Yeah, just wait 400 years and everything will be fine.

    4. Re:why the surprise? by sFurbo · · Score: 2

      The oil in the ground is undigested because there is no oxygen present, not because it takes a long time to digest it. n-alkanes, some of the most abundant compounds in oil, are the ones that are eaten first by bacteria once the oil is in the environment.

    5. Re:why the surprise? by Anonymous Coward · · Score: 0

      Are you saying that this oil will be consumed by bacteria rapidly, because it's been 25 years already and it's still there. This is a cold place. It will take a long time to clean itself up.

    6. Re:why the surprise? by mythosaz · · Score: 1

      On a long enough timeline, all problems pretty much solve themselves.

  5. Figures by Anonymous Coward · · Score: 0

    And still no fines have been paid! It's good to be crazy rich and criminally immune... God bless the U.S.A.

    1. Re:Figures by Anonymous Coward · · Score: 0

      I guess $900 million is equivalent to nothing in your world? I mean, Alaska even has a fund set up to manage those payments. Perhaps you need to look outside your little "ThinkProgress" world...

    2. Re: Figures by Anonymous Coward · · Score: 3, Insightful

      The fine was for $5 billion+, after twenty years they settled out of court for pennies on the dollar, I'd say they paid nothin!

    3. Re: Figures by Anonymous Coward · · Score: 1

      The fine was for $5 billion+, after twenty years they settled out of court for pennies on the dollar, I'd say they paid nothin!

      So they settled for roughly 1/5th of the original amount instead of dragging it out. Seems about right?

    4. Re: Figures by plopez · · Score: 1

      25 years isn't dragging it out? How about "I burned my neighbors house down but I'll pay for 1/5 the replacement cost instead of dragging it out"? Is that a great deal or what?

      --
      putting the 'B' in LGBTQ+
  6. shale by Anonymous Coward · · Score: 0

    It has to be cheaper to extract oil from a beach than from shale.

  7. And? by Anonymous Coward · · Score: 0

    Where the fuck did you expect it to go? It doesn't just disappear because you've forgotten about it!

  8. A few suggestions so this does not happen again by blindseer · · Score: 0

    It's very unfortunate that the oil spill happened, that was a lot of oil that could have been used to keep people warm and fed. Much has been done already to keep something like this from happening again, just simply requiring all oil tankers to have a double hull would prevent many spills like this. The United States has already required all oil tankers that travel between US ports to have double hulls.

    Less transport of crude oil in tankers would help. A really big pipeline would be nice, like the Keystone XL. More domestic oil drilling would be nice too, I understand that there is a lot of oil just off the California coast. So much it's seeping out of the ground and washing up on beaches. But, no, we can't drill for that oil. Somehow allowing "natural" oil to collect on the beach is "good" but "unnatural" oil collecting on the beach is "bad". I say that all oil on beaches is bad. Much better to burn it and get some benefit from it rather than wait for it to decompose to CO2 on its own.

    I'm not a fan of oil tankers. They tend to spill and waste a lot of oil. Moving oil by rail is better, they don't spill as often or as much when they do. Pipelines are the best means we have to move oil. They spill much less often and are much easier to fix. They are much cheaper too. But the tree huggers think that if we don't build pipelines that somehow we won't be burning that oil. No, we will burn it. We will move it from where it is plentiful to where it is needed. We will just move it by means more likely to spill.

    If we want to stop burning oil we need something better. By "better" I don't mean something with less carbon emissions. If less carbon output was the goal then the solution is not doing whatever it is we do with that oil. I mean like we let our food spoil and we freeze to death in our homes. Of course people suggest that is precisely what we should do, and I suggest they do it first and I'll consider it.

    Conservation is an excellent goal but all it does is mean we burn a limited resource at a lower rate, we will still run out but just later. By "better" I mean something just as convenient, just as cheap, and just as safe but also more plentiful. I say we need nuclear power. Anything else means choosing between starving to death or freezing to death.

    --
    I am armed because I am free. I am free because I am armed.
    1. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 5, Informative

      Pipelines leak constantly. Not in huge spills, but they do leak constantly and often in considerable amounts before being noticed.

      I used to write software to help various agencies track leaks in pipelines.

    2. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 4, Interesting

      I'm not a fan of oil tankers. They tend to spill and waste a lot of oil. Moving oil by rail is better, they don't spill as often or as much when they do. Pipelines are the best means we have to move oil. They spill much less often and are much easier to fix.

      Really? Well, no and no.

      One must be careful not to confuse the frequency of spills with the quantity spilled, or the size of a spill with how much press it gets.

    3. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 1

      The shills are out tonight...

    4. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 1

      Did you also have to write a software patch to patch the pipes?

    5. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 0

      To be fair, depending on exactly what figures you focus on, rail or pipeline are better, nobody objectively knows (and tankers, though good for making the news, are usually insanely safe and cheap for transportation, and of course the only way to get things across oceans affordably). The one number that pipeline supporters can point to is that it is far safer for the crews involved, with fewer moving vehicles and all. But environmentally anyone that says they know for sure that one way or the other is better is just making stuff up.

    6. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 0

      I'm not a fan of oil tankers. They tend to spill and waste a lot of oil.

      Actually, oil tankers have one of the highest transport efficiencies (of all methods of transport!) on the planet. Not by 10%, by like an order of magnitude.

    7. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 0

      One must be careful not to confuse the frequency of spills with the quantity spilled, or the size of a spill with how much press it gets.

      Actually the spill rate (measured in gallons spilled per million ton-miles of oil transported) is the right figure to look at. Those articles you linked to didn't indicate this is what they're looking at, but it seems to be the case. Apparently* trains spill about 2.2 gallons per million ton miles, whereas pipelines spill 6.3.

      * this is according to the following document which, in full disclosure, comes from a Railroad industry trade group.

    8. Re:A few suggestions so this does not happen again by plopez · · Score: 1

      Or the concentration.

      --
      putting the 'B' in LGBTQ+
    9. Re:A few suggestions so this does not happen again by Anonymous Coward · · Score: 0

      Or the concentration.

      Concentration can often be replaced by "size", unless you're transporting 30% oil, 70% water, in which case, I can't believe you're still in business.

  9. HMMMM by phantomfive · · Score: 1

    "It's like mayonnaise left out on the counter. The surface will crust over, but the inside of the clump still looks like mayonnaise,"

    I don't understand that analogy. Does someone have a car analogy to explain it for me?

    --
    "First they came for the slanderers and i said nothing."
    1. Re:HMMMM by laejoh · · Score: 3, Funny

      Here you are: "It's like mayonnaise left out on the roof of your car. The surface will crust over, but the inside of the clump still looks like mayonnaise,"

  10. Well sequestered? by uncqual · · Score: 0

    So, it sounds like the oil is sequestered under rocks. Sure, things that once lived under those particular rocks may not do well, but the oil is obviously being kept out of the broader environment. Eventually bacteria will transform the sequestered sludge into something that's fairly harmless and that will eventually disperse. Meanwhile the 99.9999% of the organisms of the type that lived under those rocks, but didn't actually live under those specific rocks, will go on as if nothing has happened.

    Seems like a good outcome.

    Sure, it would have been better if the tanker hadn't crashed, but it did - time to move on after (as has been done) reducing the chances of similar environmental impact in the future (now, if we could just due that for cruise ships in Italy).

    --
    Why is there an "insightful" mod and why isn't it "-1"? If I wanted insight, I wouldn't be reading /.
  11. Fuck off by Anonymous Coward · · Score: 1

    Cyanide is also an organic substance.

    1. Re:Fuck off by Anonymous Coward · · Score: 0

      Dioxins and PCBs are as well. I think we're on to something!

  12. We worry too much by Anonymous Coward · · Score: 0

    Hm. 25 years. And yet, no massive die-offs, no world-wide consequences. In the words of Jurassic Park, "life finds a way." A little less hysteria would be a good thing.

  13. Free insurance policy by Dr.+Evil · · Score: 1

    50% of profits as a cap on liability? Great!

    Now smaller unprofitable oil companies can take big risks.

  14. Corporations are NOT people ('one') my friend. by Anonymous Coward · · Score: 0

    Corporations are NOT people ('one' in your weak-ass defense) my friend.

    No matter what your Saint Rmoney may say.

    1. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 2

      And that is completely irrelevant since corporations have people as owners, workers, and customers. When are you going to consider those people?

    2. Re:Corporations are NOT people ('one') my friend. by AK+Marc · · Score: 1

      Based on the current rules in the US, never.

      If a person was treated like a corporation, murder would be legal. You could walk up to somone with 10,000 witnesses, 10 video cameras coving you, then shoot someone. If you were tried for it, you'd challenge the prosecution to prove you didn't have a muscle spasm that caused the trigger pull.

      The captain, the first officer, and the captain's boss should have ended up in jail, unless the helmsman could prove he called Exxon's safety line and reported erratic behavior of the captain. If Exxon didn't have an anonymous way to report safety issues, then Exxon should have been held criminally liable. And not the few-days-of-revenue criminal liability, but actual losses that will harm a corporation as much as the same thing done by a lone human would.

    3. Re:Corporations are NOT people ('one') my friend. by FuzzNugget · · Score: 1

      The consideration I will give them is: people who, individually or collectively, have billion-dollar legal budgets, powerful influence on public policy and have executive control over major operations that affect billions of average people need to held to a higher standard of transparency and accountability in the context of their corporate life.

    4. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      If a person was treated like a corporation, murder would be legal. You could walk up to somone with 10,000 witnesses, 10 video cameras coving you, then shoot someone. If you were tried for it, you'd challenge the prosecution to prove you didn't have a muscle spasm that caused the trigger pull.

      Except that corporations can't really commit crimes. People employed by the corporation would be commiting those crimes. And that makes a lot of difference to all this talk of treating corporations "like people", except when we don't want to.

    5. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      So what individual rights to those people associated with the corporation lose because of their association with it that have to made up by granting additional rights to the corporation. The fact is that corporations are an artificial creation of law and as such they should have nothing other than what is granted them in law. To grant them rights not explicitly outlined in law is a travesty.

    6. Re:Corporations are NOT people ('one') my friend. by AK+Marc · · Score: 1

      So a corporation can't be held responsible, neither can the people that work for it. So how do you force "legal" behavior from a corporation?

    7. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      So a corporation can't be held responsible, neither can the people that work for it.

      That's a prime example of a non sequitur. Fire hydrants can't be help responsible for crime too. So that must mean that fire fighters can't either. Or guns can't be held responsible for crime so I can shoot people legally. These sort of arguments don't make sense logically because there's no connection between the two assertions. There are plenty of examples of corporate employees being charged and convicted of crimes.

    8. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      To grant them rights not explicitly outlined in law is a travesty.

      The Constitution explicitly grants such rights. For example, the First Amendment doesn't say that "Congress shall make no law (unless the target works for 'artificial creations of law', then it's ok)..." No such distinction is made. Similarly, the same holds for various other amendments. And of course, there is the Ninth Amendment which prohibits the federal government from prohibiting stuff just because.

    9. Re:Corporations are NOT people ('one') my friend. by AK+Marc · · Score: 1

      The people (within a corporation) are, generally, not held responsible. The corporation is generally not held responsible. Those are independent statements that are both true. One does not "cause" the other. You implied, and then ridiculed the causation that was not stated or implied.

    10. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      The people (within a corporation) are, generally, not held responsible.

      I don't see the problem. If a few people in a corporation commit a crime, then they should held responsible for the crime. The rest of that corporation shouldn't be since they didn't actually commit the crime. Similarly, the corporation shouldn't be because it can't actually commit crimes.

      It's like saying that if a resident of New York City mugs someone, then everyone in New York City is responsible for that crime and in particular, New York City itself is responsible for that crime.

    11. Re:Corporations are NOT people ('one') my friend. by AK+Marc · · Score: 1
      When someone in a corporation illegally dumps hazardous chemicals, they aren't held responsible. They claim they were "told" they were safe. The guy who told them they were safe isn't held responsible because he didn't know they weren't. The person who put the hazardous chemicals in the general bin thought the rubbish handlers would identify and separate them. So the corporation illegally dumps hazardous chemicals, and the corporation isn't responsible, and no person is responsible either. That's what generally happens, unless someone manages to find an email where the manager who told the dumper they were safe is poven to have known otherwise. And then, he blames the corporate policies, and still has only a trivial punishment, if any.

      It's like saying that if a resident of New York City mugs someone, then everyone in New York City is responsible for that crime and in particular, New York City itself is responsible for that crime.

      Nah, more like the mugger who did it getting off because he claims he only did it for profit from the pawn shop that knowingly deals in stolen goods.

    12. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      When someone in a corporation illegally dumps hazardous chemicals, they aren't held responsible.

      Incorrect.

      The guy who told them they were safe isn't held responsible because he didn't know they weren't.

      Incorrect.

      The person who put the hazardous chemicals in the general bin thought the rubbish handlers would identify and separate them.

      Incorrect.

      It's worth noting here that dumping hazardous materials is illegal, but it isn't a crime. And by regulation, the business is fined. This has nothing to do with the business being treated as a person or being able to commit a crime or break the law. The "being held responsible" duty is first left to the agents of the business to carry out.

      Now, if the above parties continue in their misbehavior despite repeated sanctions, then someone is doing something criminal, not just merely illegal. All these parties can't simultaneously continue to claim ignorance in the face of continued fines, warnings, etc. At that point, the behavior goes from being illegal to being criminal and people get fined and can end up in jail.

    13. Re:Corporations are NOT people ('one') my friend. by AK+Marc · · Score: 1

      You may confirmation-bias yourself to your opinion, but that's not how reality works. Individual workers doing illegal acts are shielded by the fact it was done inside a company.

    14. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      I make a distinction between a biological human* the legal fiction that is a corporate person. I think most of the writers of the Constitution would too.

      *I can see a future where sentient artificial intelligences could have personhood.

    15. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1
      First, do you understand the difference between illegal acts and criminal acts? Second, do you understand the difference between a business and a corporation? You can't really understand what's going on without that basic sort of understanding. Recall that your original comment was the over-the-top statement:

      If a person was treated like a corporation, murder would be legal. You could walk up to somone with 10,000 witnesses, 10 video cameras coving you, then shoot someone. If you were tried for it, you'd challenge the prosecution to prove you didn't have a muscle spasm that caused the trigger pull.

      You are saying that corporations can somehow magically commit horrendous crimes of some sort with impunity. But you just wrote:

      Individual workers doing illegal acts are shielded by the fact it was done inside a company.

      Now, it's merely illegal acts (and given that the example you gave a little back is a single case of dumping hazardous waste, not very illegal acts) inside a business. You moved the goalposts.

      Further, if I were a single person dumping hazardous waste, I wouldn't receive any more punishment than I would as an agent of a business. There is no such "shield".

    16. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      I make a distinction between a biological human* the legal fiction that is a corporate person.

      So what? Everyone does including the law. Your distinction however illegally takes away the rights of biological humans associated with corporations.

      Further, what is the problem with the legal fiction of corporate personhood? Should we really create unique structures of law for every distinct legal concept out there?

    17. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      Licenses, the No Fly list, public school diplomas, legally recognized marriage, and many other things are also artificial creations of law. Should the state have the power to arbitrary restrict the rights of people who have or want these things because they are artificial creations of law?

      Note this strikes to the core of the same sex marriage debate. If the US government can decide marriage means only a marriage between two people of opposite sex with the justification effectively because legally recognized marriage is an artificial creation of law and the state said so, then that means they just created a legal situation that favors one group unfairly at the expense of a second.

      The key problem here is simply that the state can create and grant privileges in a way that increases their power to the detriment of society. If they have the ability to regulate the behavior of corporations then they can choose to honor the rights of those associated with one corporation at the expense of those associated with another. They can pick favorites or cripple enemies. Corporate personhood was created in order to fight this abuse.

    18. Re:Corporations are NOT people ('one') my friend. by AK+Marc · · Score: 1

      You moved the goalposts.

      No, you just can't answer the questions, so you blame the questioner. Using different analogies to highlight different parts of the constant and immutable statement doesn't count as "moving the goalposts".

    19. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      Using different analogies to highlight different parts of the constant and immutable statement doesn't count as "moving the goalposts".

      Well, I guess others can read what I wrote and come to their own conclusions on that. But I believe posterity for the most part will agree with me.

    20. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      What rights of biological humans associated with corporations are taken away? I am employed by a rather large corporation and I can't think of any rights I have that come through that association.

    21. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      What rights of biological humans associated with corporations are taken away? I am employed by a rather large corporation and I can't think of any rights I have that come through that association.

      Think about what you wrote. Do you really think that having rights come through an association (sentence two) is equivalent to having rights taken away through an association (question one)?

      The point is that rights shouldn't be taken away by association with a corporation. That's the whole point to the corporate personhood exercise.

    22. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      I can't think of any of my rights (as a citizen of the USA) that are taken away by my association with a corporation. It's possible I could exercise my rights in a way that forces the corporation to dismiss me but that's the corporation forcing me to conform to certain standards of conduct including limiting my free speech if I want to remain associated with them, not the government limiting my rights. I just don't see that the company I work for has a right to exercise any rights on my behalf without my explicit permission.

    23. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      I can't think of any of my rights (as a citizen of the USA) that are taken away by my association with a corporation.

      That's because of corporate personhood. But if a government in the US could just seize or tax the assets of a corporation discriminatorily and without proper compensation, then that would be in violation of Section 8 and the Fourth Amendment of the Constitution.

      Similarly, if a government could ban the speech of an agent of the corporation from speaking on behalf of the corporation, then that's violation of the First Amendment (and the reason for the Citizens United ruling - Congress made it illegal for certain sorts of political speech by individuals when they were working for corporations).

      I just don't see that the company I work for has a right to exercise any rights on my behalf without my explicit permission.

      These are about the reverse - you exercising your rights on the behalf of a corporation.

    24. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      I'm perfectly capable of exercising my rights on behalf of the corporation I work for if I choose to without the corporation having any rights on its own.

    25. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      I'm perfectly capable of exercising my rights on behalf of the corporation I work for if I choose to without the corporation having any rights on its own.

      It turns out that sure, you could - if there was some legal equivalent to corporate personhood to protect your rights in this situation. Otherwise you wouldn't be correct in that assertion.

      And it's worth noting that while the US is relatively aggressive with respect to corporate personhood, it's not a thing unique to the US legal system.

    26. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      It turns out that sure, you could - if there was some legal equivalent to corporate personhood to protect your rights in this situation. Otherwise you wouldn't be correct in that assertion.

      I fail to see how my rights are curtailed in any way by the corporation I'm associated with not having all the rights you seem to think they should have.

      I'm not saying that corporations shouldn't have any rights. There is good reason to grant corporations a limited amount of personhood so they can be treated as a single entity legally and so their investors have liability limited to what they've invested in the corporation but that's about all the rights they need as far as I'm concerned.

    27. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      I'm not saying that corporations shouldn't have any rights. There is good reason to grant corporations a limited amount of personhood so they can be treated as a single entity legally and so their investors have liability limited to what they've invested in the corporation but that's about all the rights they need as far as I'm concerned.

      That's the current state of affairs. You already have what you want. This drama is for naught.

    28. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      I don't believe corporations should be able to freely spend their money on partisan politics. The Citizens United decision was a travesty.

    29. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      I don't believe corporations should be able to freely spend their money on partisan politics. The Citizens United decision was a travesty.

      So what? Just because you don't like the ruling doesn't mean that it was flawed in some way. The basis for the ruling was that the "Bipartisan Campaign Reform Act" unfairly made it illegal for corporations to do issue advocacy ads (which are expressions of free speech), but not other categories of people. This created an unconstitutional constraint on free speech by groups of people organized in the form of a corporation.

      Recall that I spoke of restrictions on the right of people to act on behalf of a corporation? This is one way it can happen. If I spent $1 million of my own money to take out an attack ad on President Obama, it would be legal under the above law. Similarly, it would be legal, if I spent $1 million of some other individual's money. But it becomes illegal, if it's $1 million of a corporation's money. The people whose interests the corporation represents just had their First Amendment rights taken away.

      And the idea that certain privileges should have a subsequent impairment of rights is a poisonous belief. There are certain situations where these are baked into the Constitution, such as when the person holds a political office or government position of power. They are held to theoretically higher and tougher standards than a normal person and a variety of concrete restrictions have been placed on their power.

      But the same is applied to other classes of people, such as people who own property or drive (drug seizure laws), or who fly (the ongoing security theater in US airports).

      Finally, there's really no way to make the law workable since it can't ban political speech without violating the First Amendment.

    30. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      But it becomes illegal, if it's $1 million of a corporation's money. The people whose interests the corporation represents just had their First Amendment rights taken away.

      That's just bullshit. Those individuals can make their own expenditures in support of their First Amendment rights which are no less than the First Amendment rights that anyone not associated with a corporation has. If the corporation has rights then they are in addition to the rights their associates have on their own. I haven't always supported the positions of the corporation I'm associated with and it offends me that they can imply that I do through their expenditures.

      You seem to think that money is equivalent to free speech but in reality it is merely an amplifier of free speech. Most corporations (especially the large ones) have resources far in excess of of most individuals. That stacks the deck in favor of corporations and wealthy individuals enough and I'm tired of my voice being drowned out by them.

    31. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      Those individuals can make their own expenditures in support of their First Amendment rights which are no less than the First Amendment rights that anyone not associated with a corporation has.

      Not if their money is tied up in corporations.

      If the corporation has rights then they are in addition to the rights their associates have on their own.

      I keep hearing that. No one has yet to put forth an argument for it.

      I haven't always supported the positions of the corporation I'm associated with and it offends me that they can imply that I do through their expenditures.

      Then choose not to be associated with it or change the corporation's positions. Your emotions otherwise mean nothing.

      You seem to think that money is equivalent to free speech but in reality it is merely an amplifier of free speech. Most corporations (especially the large ones) have resources far in excess of of most individuals. That stacks the deck in favor of corporations and wealthy individuals enough and I'm tired of my voice being drowned out by them.

      Technically, most corporations are shells and/or individual corporations and don't have such resources. But even if we consider big corporations what's a constitutional valid justification for preventing them from exercising a particular right to speech and yet allowing you that right? Merely having a lot of money and saying things you don't like aren't good enough IMHO.

    32. Re:Corporations are NOT people ('one') my friend. by riverat1 · · Score: 1

      Not if their money is tied up in corporations.

      Huh?!!!!! I've got a lot of money tied up in my house. Should it have First Amendment rights separate from my own? If I want to use my money to extend my First Amendment rights I may have to liquidate some of my assets. What's the difference if it's my house or my investment in a corporation?

      Actually, that brings up good point. Corporations are property. They are owned by humans. They don't have consciousness on their own. We don't grant rights to property, just to humans. My position is still that humans don't lose any of their existing rights by being associated with a corporation so why should the corporation have First Amendment rights beyond what their associates have individually on their own.

    33. Re:Corporations are NOT people ('one') my friend. by khallow · · Score: 1

      I've got a lot of money tied up in my house. Should it have First Amendment rights separate from my own?

      That would be equivalent to making it illegal to borrow against your house to fund a political ad, but allowing other means of funding.

      The thing here is that the corporate personhood argument applies because the corporation (here, Citizens United) was being blocked from speech that was otherwise legal. The corporate personhood argument wouldn't apply, if nobody was allowed to do the speech in question though obviously other First Amendment considerations would apply.

  15. Magically by MrKaos · · Score: 2

    Deep Water horizon is all cleaned up. All gone.

    --
    My ism, it's full of beliefs.
    1. Re:Magically by Anonymous Coward · · Score: 0

      Yup. Oil industry says it, so it must be true. It only took a few months after the hole was plugged, isn't progress amazing? /Sarcasm

      BTW it sounds stupid but people for whom the believe is politically convenient actually believe that the gulf is absolutely fine.

    2. Re:Magically by PPH · · Score: 2

      Aside from differences in the type of crude, I suspect that the breakdown speed has a lot to do with water temperature. The bacteria that eat the crude probably do a lot better in the warm Gulf waters than in Alaska.

      --
      Have gnu, will travel.
    3. Re:Magically by Anonymous Coward · · Score: 0

      Yep, all gone, nothing to see (especially if you're a shrimp in BP waters) thanks to BP's use of 2 million gallons of mutagenic, tetragenic, and carcinogenic chemical "cleanup". Enjoy your tumor-ridden eyeless shrimp-on-the-half-pustule...

    4. Re:Magically by plopez · · Score: 1

      And the rig workers who died have been resurrected.

      --
      putting the 'B' in LGBTQ+
    5. Re:Magically by Algae_94 · · Score: 2

      Big difference in water temperatures in the two locations. There was also 20+ years of knowledge gained from spill cleanups between the two accidents.

  16. It does? by MrL0G1C · · Score: 1

    Irvine explains. It's like mayonnaise left out on the counter. The surface will crust over, but the inside of the clump still looks like mayonnaise, she explains.'"

    Hate to think what this girls kitchen looks like.

    --
    Waterfox - a Firefox fork with legacy extension support, security updates and better privacy by default.
  17. Hmmm. by kqc7011 · · Score: 1

    The mutated bugs from Fukushima will eat what is left from the spill.

    --
    Passionately Indifferent
  18. high school science and exxon valdez by Anonymous Coward · · Score: 0

    ok i'll bite.
    there is no way the oil they are finding is coming from the spill.
    its more likely leaking from the oil(remember all the oil all ready there?)
    that is there naturally.
    this is the same stunt they pull down in the gulf.
    you know all those pretty beaches where you can dig down a foot and find oil?
    yes even today.what they don't tell you its all ways been there.thats one of the ways
    one would use to find large reserves.the presents of oil seeping to the surface.
    more oil naturally seeps into the environment every year than all the spills in history.
    bogus science.
    we were taught about this in high school back when every thing wasn't processed
    through the politically correct filter.

  19. Nukes by Anonymous Coward · · Score: 0

    There is also radiation left over from nuclear blast testing 60 years ago. Everybody freakout.

  20. No Worries At All by JimSadler · · Score: 1

    Thanks to global warming oil that is now coating the rocks on the beach will soon be completely under water and out of view. And when your seafood hits the frying pan you no longer need cooking oil to keep it from sticking to the pan. And dredging for gold where the river mouths reach the ocean may no longer be an issue as well as one simply can not run oil coated gold particles through the sorting riffles as it will not stay put. Also modern society has never figured out how to deal with tribal people in the artic regions and oil in their diet may well finish off what smallpox and alcohol failed to completely accomplish when tried out upon them in years gone by. Hey! If i really believed that rant i would sign up for the Republican party.

    1. Re:No Worries At All by plopez · · Score: 1

      Sounds like a win-win-win-win-win situation! Where do I sign up!

      --
      putting the 'B' in LGBTQ+
  21. Re:How do they know this is Exxon oil? by plopez · · Score: 1

    I assume that is sarcasm as I expect no one to be that stupid. But you could use Geospatial statistics coupled with the chemical and isotopic "finger print" of the oil itself.

    --
    putting the 'B' in LGBTQ+
  22. Corporations versus companies. by Immerman · · Score: 2

    You are attacking the very stated purpose of permitting corporations to exist in the first place - to allow investors to collaborate without exposing themselves to risk beyond losing their investment. Now there's an interesting conversation to be had there, but consider - do you really want to risk everything you own because your 401k was partially invested in a company responsible for some massive catastrophe? Personally I think simply requiring the corporations to possess assets and/or malpractice insurance to cover any potential liabilities would be less damaging to the economy.

    Executives and board members on the other hand - I'd be all for having them be personally liable for corporate malfeasance - the captain(s) go down with the ship, right? All that power and profit should come with some chains of responsibility to mitigate abuse.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
  23. Re:How do they know this is Exxon oil? by Anonymous Coward · · Score: 0

    yes it has the same finger print as the oil that is there naturally.thats where the oil came from.

  24. Overblown Concerns by Tenebrousedge · · Score: 3, Informative

    I submit I am the highest authority on this specific subject here on slashdot. I grew up in Valdez, AK, the closest town to the spill. I was there when it happened. There is some documentary footage somewhere of myself and my siblings at one of these oil-soaked beaches. I've known friends to go out and do these beach surveys looking for oil, and I've fished and kayaked throughout Prince William Sound.

    Firstly I have to say that, unless one goes specifically looking for it, this oil is invisible. The environment has entirely recovered, the salmon run is healthy, and there are as many sea birds, sea otters, and sea lions as there ever have been.

    Secondly, the other posters make a very good points about the relative safety of oil tankers vs oil pipelines. I will additionally say that tankers are better protected from deliberate damage than pipelines. I don't know where you're getting your costs from, but I make the average oil tanker to be in the $100M range, and the Trans-Alaska Pipeline System cost $8B.

    I don't know if you know about it, but there is also a proposed natural gas pipeline which was intended to run through Canada to the States. Extrapolating from the cost per mile of TAPS, an oil pipeline would probably be in the range of $15B. Setting aside whether it is actually better for the environment, it is a lot easier to suggest that environmental concerns trump economic ones when it's not your $15B.

    Nuclear power is probably a good option for Alaska, whereas solar is pretty much off the table. Hopefully one day someone will take advantage of the tidal energy in the Cook Inlet as well, one lobe of that (Turnagain Arm) having the third-highest tides in the world. There are one or two problems though with putting nuclear reactors in geologically active places though, and the NRC isn't exactly putting applications through quickly at the moment.

    Personally though, from having witnessed one of the larger oil spills in history, I don't really find them all that concerning.

    --
    Those who advocate genocide deserve every protection afforded by law, and none afforded by common human decency.
  25. People Need To... by rally2xs · · Score: 1

    ... get the Hell over it!

    The beaches in what is not Texas were found to have tar balls on them by the 1st wooden ships to land there. There's all sorts of "pollution" all over the world, and yet we are not all dead. Stop dwelling on the Exxon Valdez, the runaway oil well in the gulf, the Keystone Pipeline, etc. etc. They will not "kill us all" and we need to make progress and lift people out of poverty. Now, POVERTY is killing millions. People lose about 6.5 years of life from living in poverty, on average. There's about 47 million people on food stamps, and therefore in poverty, so do the math and find out the real enemy of humans in this country and everywhere.

  26. Sad that this still lingers today by Anonymous Coward · · Score: 0

    This spill was a big deal during my childhood, yet -- its effects still linger on that much later

  27. Harvesting by phorm · · Score: 1

    Maybe eventually somebody will find a way to harvest and use the oil. Perhaps after there's not enough oil being pulled from the ground they'll look at reclaiming some of that which was spilled.

  28. Re:Exactly what sort of failed math by mrchaotica · · Score: 1

    You tell me, since you misread my post. I was trying to make the point that increasing the population should not only result in a decrease of overhead, but that the decrease in overhead of the US vs. Chile should have been even larger than the GP reported. (The US overhead should have been closer to 1/20 that of Chile, not 1/10, i.e. 1.5% instead of 3%.)

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  29. Re:Exactly what sort of failed math by mythosaz · · Score: 1

    Sure. It's called economy of scale.

  30. Walking is better? by Anonymous Coward · · Score: 0

    What pretend world do you guys live in? Do you really think trying to make Exxon continue to pay for a human mistake (it was a ship captain that screwed up, you know) is a good answer? Its tough and complicated to get crude oil out of the ground, ship it, refine it, transport it, and sell it. The oil industry continually gets better. If you don't like it, try going a whole week without your car and maybe you will change your mind.

    Better yet, move to Midland, Texas where the economy is booming because of the oil companies. Or even better, go to Haiti and spend all day trying to find a single gas station that has diesel. Then figure out how many people actually even own a car.

    Grow up and move out of your parents house.