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Could the Macondo blowout happen in the UK?A Sand-Table exercise in responsibilities and liabilities
Ernst Schnell / Dr. Leon Moller [email protected] / [email protected] 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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