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Deterring and Compensating Oil Spill Catastrophes: The Need for Strict and Two-Tier Liablility

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  • Kip, Viscusi, W.
  • Zeckhauser, Richard Jay

Abstract

The BP Deepwater Horizon oil spill highlighted the glaring weakness in the current liability and regulatory regime for oil spills and for environmental catastrophes more broadly. This article proposes a new liability structure for deep sea oil drilling and for catastrophic risks generally. It delineates a two-tier system of liability. The first tier would impose strict liability up to the firm’s financial resources plus insurance coverage. The second tier would be an annual tax equal to the expected costs in the coming year beyond this damages amount. A single firm will be identified as responsible for generating the risk. It would be required to demonstrate substantial ability to pay in the first tier before being permitted to engage in the risky activity. This structure provides for efficient deterrence for environmental catastrophes, since the responsible party is bearing in expectation the risks it is imposing. It also addresses the challenges posed by the fat-tailed distributions of catastrophic environmental risks and provides for more assured and adequate compensation of potential losses than current liability and regulatory arrangements.

Suggested Citation

  • Kip, Viscusi, W. & Zeckhauser, Richard Jay, 2011. "Deterring and Compensating Oil Spill Catastrophes: The Need for Strict and Two-Tier Liablility," Scholarly Articles 5027954, Harvard Kennedy School of Government.
  • Handle: RePEc:hrv:hksfac:5027954
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    Cited by:

    1. Gérard Mondello, 2022. "Strict liability, scarce generic input and duopoly competition," European Journal of Law and Economics, Springer, vol. 54(3), pages 369-404, December.
    2. Cole, Scott, 2012. "Equity over Efficiency: A Problem of Credibility in Scaling Resource-Based Compensatory?," CERE Working Papers 2012:12, CERE - the Center for Environmental and Resource Economics.
    3. Charles F. Mason, 2017. "Public Policy Towards Offshore Oil Spills," CESifo Working Paper Series 6584, CESifo.
    4. W. Kip Viscusi & Benjamin J. McMichael, 2014. "Shifting the Fat‐Tailed Distribution of Blockbuster Punitive Damages Awards," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(2), pages 350-377, June.
    5. Viscusi, W. Kip & Zeckhauser, Richard J., 2011. "Addressing Catastrophic Risks: Disparate Anatomies Require Tailored Therapies," Working Paper Series rwp11-045, Harvard University, John F. Kennedy School of Government.

    More about this item

    JEL classification:

    • G22 - Financial Economics - - Financial Institutions and Services - - - Insurance; Insurance Companies; Actuarial Studies
    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • Q30 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Nonrenewable Resources and Conservation - - - General
    • Q40 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Energy - - - General

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