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Secretary Salazar’s Unfortunate Prediction

Good news for the Arctic! “I believe there will not be an oil spill”—this according to Ken Salazar, the nation’s Secretary of Interior and, now, environmental crystal-gazer. As someone still fretting about BP’s mess in the Gulf, I want to believe; but it’s hard. So let me back up.

Earlier this week, Secretary Salazar said it was “highly likely” that his agency would grant Shell Oil permits to begin drilling exploratory wells in Arctic waters north of Alaska, despite opposition from many environmental groups. While acknowledging the many challenges presented by such an operation, the Secretary recalled his department’s new permitting standards and expressed confidence in a new oil containment device that was recently tested in Washington’s Puget Sound.

Then: “I believe there will not be an oil spill. . . . If there is, I think the response capability is there to arrest the problem very quickly and minimize damage. If I were not confident that would happen, I would not let the permits go forward.”

I won’t dwell on the fact that Shell has faced more prosecutions for safety and environmental violations than any other major oil company drilling offshore in the North Sea. Or that last year the Coast Guard warned that if a spill occurred in the Arctic, “we’d have nothing. We’re starting from ground zero today.” Or that Secretary Salazar seemed equally impressed with the “remarkable” gee-whiz technology used in the Gulf of Mexico before it blew up. (President Obama was similarly smitten, boasting eighteen days before the blowout that “oil rigs today generally don’t cause spills.”)

Instead I want to focus on risk management and cats. (Stay with me now.)

When Secretary Salazar says he doesn’t believe there will be an oil spill, and if there is it can just be cleaned up, he’s ignoring how complex disasters actually unfold. In the BP Blowout, it wasn’t one thing that went wrong; dozens of things went wrong, from poor diagnostics to bad cementing to inadequate response resources to failed “top kills.” Often, these events feed on one another—as in a chain reaction—making the sum devastation much greater than that from any individual event.

In our textbook on disaster law, my co-author Dan Farber explains the challenge of predicting failure in a complex system by asking us to visualize cats. (Jim Chen and Lisa Grow Sun are also co-authors on this book.)

Explaining the “simple” system, Farber writes:

When an event is caused by a large number of random factors, the resulting probability distribution is often the famous bell-shaped curve . . . with most events bunched near the average and extreme outcomes fading away quickly.  If the average cat weighs ten pounds, we can expect that most cats will be within a few pounds of the average and we can safely disregard the possibility of a two-hundred pound tabby. 

A simple distribution looks like this:

However:

Complex systems . . . are often characterized by a different kind of statistical distribution called a “power law.” If feline weight were subject to a power law, we would find that the vast majority of cats were tiny or even microscopic but that thousand-pound house cats would cross our paths now and then.  Under a power law, the possibility of freak outcomes, a one-ton feline, weighs heavily in the analysis, often more heavily than the far more numerous “routine” outcomes, the tiny micro-cats. Indeed, a power law probability distribution makes it somewhat misleading to even talk about “typical” outcomes. . . . Extreme events are more likely in complex systems – obviously something that’s very relevant to disaster issues.

Thus:

So what kind of cat is Secretary Salazar’s department actually prepared for? A mewing fluff ball or something much bigger?

 

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Robert Verchick | June 28, 2012

Secretary Salazar’s Unfortunate Prediction

Good news for the Arctic! “I believe there will not be an oil spill”—this according to Ken Salazar, the nation’s Secretary of Interior and, now, environmental crystal-gazer. As someone still fretting about BP’s mess in the Gulf, I want to believe; but it’s hard. So let me back up. Earlier this week, Secretary Salazar said […]

Ben Somberg | June 27, 2012

Safe Drinking Water Act Provides EPA Key Opportunity to Regulate BPA

Member Scholar Noah Sachs and Policy Analyst Aimee Simpson have sent a letter to the EPA nominating the chemical Bisphenol A (BPA) to be included on the “Fourth Contaminant Candidate List” for possible regulation. They write: Pursuant to the Safe Drinking Water Act Amendments of 1996 (SDWA), the U.S. Environmental Protection Agency (EPA) must compile […]

Ben Somberg | June 22, 2012

Summer is Here, and With it Another Missed Deadline for a Key Regulation

The EPA has quietly missed another deadline on issuing the final revised “boiler MACT” rule. The agency had pledged for many months that the rule would be finalized in April. Then, in an April 30th “status report” filing with the DC Circuit Court of Appeals, the agency said: “EPA intends to take final action on this […]

| June 21, 2012

Trash Overboard! Why the U.S. Should Ratify the 1996 Protocol to the London Convention

a(broad) perspective Today’s post is the fifth in a series on a recent CPR white paper, Reclaiming Global Environmental Leadership: Why the United States Should Ratify Ten Pending Environmental Treaties.  Each month, this series will discuss one of these ten treaties.  Previous posts are here. 1996 Protocol to the London Convention on the Prevention of […]

David Hunter | June 19, 2012

Meeting Low Expectations at Rio+20

This is not your father’s Earth Summit.  This week’s UN Conference on Sustainable Development is meant to assess how far we’ve come from the 1992 UN Conference on Environment and Development (ambitiously named the Earth Summit).  And the 1992 Earth Summit was ambitious, featuring the largest gathering of world leaders in history as well as […]

James Goodwin | June 15, 2012

EPA’s New Soot Proposal: The Good News, A Reality Check, Some Hopes, and Some Fears

Today, the EPA announced its new proposed National Ambient Air Quality Standard (NAAQS) for fine particulate matter, commonly referred to as soot.   Soot is one of the most common air pollutants that Americans encounter, and it is extremely harmful to our health and the environment, contributing to premature death, heart attacks, and chronic lung disease. […]

Ben Somberg | June 15, 2012

EPA Chemical Assessment Advisory Committee Nominees and Conflict of Interest Concerns

CPR President Rena Steinzor and Senior Policy Analyst Matthew Shudtz sent a letter to EPA Administrator Lisa Jackson this morning concerning the EPA’s Integrated Risk Information System (IRIS). From the letter: We are concerned that the recent establishment of the SAB Chemical Assessment Advisory Committee (CAAC) institutionalizes yet another opportunity for potentially regulated parties to […]

Lisa Heinzerling | June 14, 2012

Cost-Benefit Jumps the Shark: The Department of Justice’s Economic Analysis of Prison Rape

Cross-posted from Georgetown Law Faculty Blog. Despite initial signs suggesting a different path, the Obama Administration has promoted the role of cost-benefit analysis in regulatory policy as fiercely as any administration before it. Nothing demonstrates this more clearly, I think, than the Administration’s bizarre and unfortunate decision to apply cost-benefit analysis to measures to limit […]

Alice Kaswan | June 13, 2012

Environmental Justice and GHG Cap-and-Trade: It’s More than a Complaint

California environmental justice groups filed a complaint last week with the federal Environmental Protection Agency arguing that California’s greenhouse gas (GHG) cap-and-trade program violates Title VI of the federal Civil Rights Act, which prohibits state programs receiving federal funding from causing discriminatory impacts.  They allege that the cap-and-trade program will fail to benefit all communities […]