Skip to main content Accessibility help
×
Hostname: page-component-7479d7b7d-767nl Total loading time: 0 Render date: 2024-07-12T23:26:49.071Z Has data issue: false hasContentIssue false

10 - Captured by Disaster? Reinterpreting Regulatory Behavior in the Shadow of the Gulf Oil Spill

Published online by Cambridge University Press:  05 June 2014

Christopher Carrigan
Affiliation:
George Washington University
Daniel Carpenter
Affiliation:
Harvard University, Massachusetts
David A. Moss
Affiliation:
Harvard University, Massachusetts
Get access

Summary

As this volume aptly illustrates, regulatory capture – which Daniel Carpenter and David Moss describe in the Introduction as a condition whereby regulation is applied for the benefit of the regulated entities as opposed to the public interest – has occupied the fascination of researchers from a wide variety of academic fields for a long time. However, in terms of salient examples, at first glance the plight of the Minerals Management Service (MMS), a defunct agency of the Department of the Interior (Interior) that employed roughly 1,600 federal workers, presents perhaps the clearest case of capture in recent history. Not only did behavior at the agency provide rare public confirmation of the types of activities including bribery and excessive gift exchange that theorists have predicted do occur with captured regulatory relationships, drug use and sexual misconduct involving MMS employees and their industry counterparts revealed evidence of actions that extend beyond those that even captured agencies typically display. Support for MMS's failure was tangible given its association with the April 2010 Deepwater Horizon oil rig fire and subsequent spill that deposited roughly 4.9 million barrels of oil into the Gulf of Mexico and had historians debating its place on the list of worst environmental disasters in U.S. history.

With these facts in hand, it is not surprising that a large number of observers regarded capture as central to explaining the oil spill and MMS's role in facilitating it. For this reason, most attention focused on why MMS was captured and what should be done about it, relative to serious consideration of both the extent to which the agency was captured and how important this factor was in understanding why the spill might have occurred. Two popular theories surfaced to explain the apparent failure of MMS, one emphasizing the role of the agency's outwardly conflicting missions and the other focusing on the collaborative stance adopted by the agency toward its regulated industry.

Type
Chapter
Information
Preventing Regulatory Capture
Special Interest Influence and How to Limit it
, pp. 239 - 291
Publisher: Cambridge University Press
Print publication year: 2013

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Huntington, Samuel P., “The Marasmus of the ICC: The Commission, the Railroads, and the Public Interest,” Yale Law Journal 61 (4) (1952): 467–509CrossRefGoogle Scholar
Bernstein, Marver H., Regulating Business by Independent Commission (Princeton: Princeton University Press, 1955)CrossRefGoogle Scholar
Stigler, George J., “The Theory of Economic Regulation,” Bell Journal of Economics and Management Science 2 (1971): 3–21CrossRefGoogle Scholar
Peltzman, Sam, “Toward a More General Theory of Regulation,” Journal of Law and Economics 19 (2) (1976): 211–40CrossRefGoogle Scholar
Levine, Michael E. and Forrence, Jennifer L., “Regulatory Capture, Public Interest, and the Public Agenda: Toward a Synthesis,” Journal of Law, Economics, and Organization 6 (1990): 167–98CrossRefGoogle Scholar
Fahrenthold, David A. and Mui, Ylan Q., “Historians Debate Designation of ‘Worst Environmental Disaster’ in U.S.,” Washington Post (June 22, 2010)
Eilperin, Juliet, “U.S. Oil Drilling Regulator Ignored Experts’ Red Flags on Environmental Risks,” Washington Post (May 25, 2010)
The New York Times (May 13, 2010)
, Juliet and Higham, Scott, “How the Minerals Management Service's Partnership with Industry Led to Failure,” Washington Post (August 24, 2010)
Institute, Cato, MMS ‘Captured’ by Industry (Washington, D.C.: Cato Institute, 2010)Google Scholar
Rosenbusch, Walt, “Meeting the Challenge at the Minerals Management Service,” in Fifty-Second Annual Institute on Oil and Gas Law and Taxation (New York: Matthew Bender, 2001)Google Scholar
, Robert F., The Administrative Presidency Revisited: Public Lands, the BLM, and the Reagan Revolution (Albany, NY: State University of New York Press, 1992)Google Scholar
, David F., Creating Public Policy: The Chairman's Memoirs of Four Presidential Commissions (Westport, CT: Praeger, 1998)Google Scholar
Commission on Fiscal Accountability of the Nation's Energy Resources, Fiscal Accountability of the Nation's Energy Resources (Washington, D.C.: Commission on Fiscal Accountability of the Nation's Energy Resources, 1982)Google Scholar
Department of the Interior, Departmental Manual (Washington, D.C.: Minerals Management Service, 2008)Google Scholar
, W. and Gallagher, T., “Retrospective: MMS in the 1990s,” MMS Today Winter (2001): 1–4, 9, 13
, William J., “Executive Order 12,839 – Reduction of 100,000 Federal Positions,” Federal Register 58 (1993): 8515
, William J., “Executive Order 12,866 – Regulatory Planning and Review,” Federal Register 58 (1993): 51735–44
MMS Today Summer (1996)
OCS Policy Committee's Subcommittee on OCS Legislation, The Outer Continental Shelf Oil and Gas Program – Moving beyond Conflict to Consensus (Washington, D.C.: OCS Policy Committee, 1993), 65–66Google Scholar
, C., The Deepwater Gulf of Mexico – Lessons Learned, in Proceedings of the Institute of Petroleum's International Conference on Deepwater Exploration and Production in Association with OGP (Washington, D.C.: Bureau of Ocean Energy Management, Regulation and Enforcement, 2001)Google Scholar
, Steven, Regulating America, Regulating Sweden: A Comparative Study of Occupational Safety and Health Policy (Cambridge, MA:MIT Press, 1981)Google Scholar
, Eugene and Kagan, Robert A., Going by the Book: The Problem of Regulatory Unreasonableness (Philadelphia, PA: Temple University Press, 1982)Google Scholar
, John T., “Cooperation, Deterrence, and the Ecology of Regulatory Enforcement,” Law Society Review 18 (2) (1984): 179–224
Scholz, John T., “Cooperative Regulatory Enforcement and the Politics of Administrative Effectiveness,” American Political Science Review 85 (1) (1991): 115–36CrossRefGoogle Scholar
Coglianese, Cary, Zeckhauser, Richard, and Parson, Edward, “Seeking Truth for Power: Information Strategy and Regulatory Policymaking,” Minnesota Law Review 89 (2004): 277–341Google Scholar
, Christopher and Coglianese, Cary, “The Politics of Regulation: From New Institutionalism to New Governance,” Annual Review of Political Science 14 (2011): 107–29Google Scholar
, Daniel P., “Protection without Capture: Product Approval by a Politically Responsive, Learning Regulator,” American Political Science Review 98 (4) (2004): 613–31
Carpenter, Daniel P., Moffitt, Susan I., Moore, Colin D., Rynbrandt, Ryan T., Ting, Michael M., Yohai, Ian, and Zucker, Evan J., “Early Entrant Protection in Approval Regulation: Theory and Evidence from FDA Drug Review,” Journal of Law, Economics, and Organization 3 (2) (2009): 243–77Google Scholar
Francois, D. and Bonora, W., “Agency Places a Premium on Safety,” MMS Today Fall (1998): 1, 3–4;
Quarterman, C., “Message from the Director,” MMS Today Spring 2 (1998): 2, 5;
Velez, P., “Safety and Environmental Protection: A Collaborative Approach,” MMS Today Fall (1998): 5, 11;
, Herbert, The Forest Ranger (Baltimore, MD:Johns Hopkins University Press, 1960)Google Scholar
Selznick, Peter, TVA and the Grass Roots: A Study of Politics and Organization (Berkeley, CA: University of California Press, 1984)Google Scholar
, Graham T. and Zelikow, Philip D., Essence of Decision: Explaining the Cuban Missile Crisis, 2nd ed. (New York: Addison Wesley Longman, 1999)Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×