Could the Macondo blowout happen in the UK - Dissertation Poster - Ernst Schnell 1015769 - V 1.2

Could the Macondo blowout happen in the UK?A Sand-Table exercise in responsibilities and liabilities

Ernst Schnell / Dr. Leon Moller e.r.m.schnell@rgu.ac.uk / l.e.moller@rgu.ac.uk 01224-735527 / 01224-263981 Robert Gordon University, Schoolhill, Aberdeen, AB10 1FR, Scotland, UK www.rgu.ac.uk

Ernst Schnell (Oil & Gas Law Student, MCIArb, SPE, VDI-GVC)

Introduction➢The blowout of the Macondo well in the Gulf

of Mexico caused 11 fatalities, 17 injured persons and severe environmental damage by spilling 4.4-5.4 million bbl crude oil. It led to extensive investigations, changes in regulatory framework and multi-district lit-igation covering around 200 cases.

➢Singular incidents such as this one are not accessible with statistic methods due to their scarcity.

➢The Sand-Table Exercise is a Tactical De-cision Game, where a given scenario is re-enacted on a table-top with game pieces representing the acting parties. It allows structural understanding of weakly struc-tured, highly complex problems. Transfer-ring the Macondo scenario to the UK allows a comparative study of the legal frame-work, the responsibilities and liabilities and allows a prediction of the outcome.

The Macondo Scenario The UK Scenario

Conclusion➢ A Macondo scenario in the UK is not

probable but possible and thinkable. The response framework is very similar to that in the USA. The core issue is compliance and enforcement and not regulation.

➢ In both jurisdictions, operating- and con-tracted companies are subject to the same contractual liabilities and responsib-ilities. Statutory and common law liability of operators is weaker than in the US.

Offshore Installations(Safety Case)

Regulations 1992

BP (Operator)Partners

(Moex, Anadarko)

US Government

DoI

MMS

Transocean

Triton Asset Leasing

Halliburton et al.

Cameron

DHS

Coast GuardEPA

SLA, OCSLA,Lease agreement,

30 C. F. R.–Mineral

Resources

SOLASConvention,

SAR Convention,OPA, NCP

NEPA,OPA, NCP

Joint Operating Agreement

Serviceagreement

Service Agreement

ServiceagreementLease Agreement

Health and Safety at

Work Act 2008National

ContingencyPlan for

Marine Pollution

Operator Partners

UK Government

DECC

Drilling Contractor Contractors

Contractors

HSE

MCA

DfTSOSREP

Subcontractors

Licensing (Production) (Seaward Areas) Regulations 2008,

License Model Clauses,Pollution Prevention and Control Act 1999

Petroleum Act 1998 Petroleum Act 1998

Joint Operating Agreement

LOGIC Serviceagreement,IMHH Deed

LOGIC Service Agreement

Service Agreement LOGIC Serviceagreement,IMHH Deed

SOLAS Convention,SAR Convention,

Merchant ShippingAct 1995

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