Torts Today

The National Academy of Sciences has issued its Report on the Deepwater Horizon BP Oil Spill: Macondo Well-Deepwater Horizon Blowout:Lessons for Offshore Drilling Safety 
Authored by the Committee for Analysis of Causes of the Deepwater Horizon Explosion, Fire, and Oil Spill to Identify Measures to Prevent Similar Accidents to the Future -  National Academy of Engineering and National Research Council, it concludes that their were failures across the board.  The press release accompanying issuance declares:

Despite challenging geological conditions, alternative techniques and processes were available that could have been used to prepare the exploratory Macondo well safely for "temporary abandonment" -- sealing it until the necessary infrastructure could be installed to support hydrocarbon production, the report says. In addition, several signs of an impending blowout were missed by management and crew, resulting in a failure to take action in a timely manner. And despite numerous past warnings of potential failures of blowout preventer (BOP) systems, both industry and regulators had a "misplaced trust" in the ability of these systems to act as fail-safe mechanisms in the event of a well blowout.

BOP systems commonly in use -- including the system used by the Deepwater Horizon -- are neither designed nor tested to operate in the dynamic conditions that occurred during the accident. BOP systems should be redesigned, rigorously tested, and maintained to operate reliably, the report says. Proper training in the use of these systems in the event of an emergency is also essential. And while BOP systems are being improved, industry should ensure timely access to demonstrated capping and containment systems that can be rapidly deployed during a future blowout.  

 BP did not assert the $75 million cap on damages in the Oil Pollution Act - because it elected not to contest the issue of whether it had been reckless.  This report suggests that decision was wise.