Should BP be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed After the Deepwater Horizon Accident?

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Should BP be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed After the Deepwater Horizon Accident?

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Title: Should BP be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed After the Deepwater Horizon Accident?
Author: Shavell, Steven
Citation: Steven M. Shavell, Should BP be Liable for Economic Losses Due to the Moratorium on Oil Drilling Imposed After the Deepwater Horizon Accident?, 64 Vand. L. Rev. 1995 (2011).
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Abstract: In the aftermath of the Deepwater Horizon accident and the BP oil spill, the government imposed a moratorium on deepwater oil drilling in the Gulf of Mexico. The issue addressed here is whether, on grounds of policy, BP should be held responsible for moratorium-related economic losses. The answer that is developed is no. The reason, in essence, is that, although the spill caused the moratorium, the moratorium might be viewed as a socially beneficial event on net because its purpose was to avert a significant danger.
Published Version: http://www.vanderbiltlawreview.org/content/articles/2011/11/Shavell_64_Vand_L_Rev_1995.pdf
Other Sources: http://www.law.harvard.edu/programs/olin_center/papers/pdf/Shavell_708.pdf
www.ssrn.com/abstract=1939188
Citable link to this page: http://nrs.harvard.edu/urn-3:HUL.InstRepos:10898950
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