A Black Pelican Event

ILLUSTRATED: The Gulf of Mexico oil spill displays the need for federal regulation, and access to civil justice.

At this writing, the Gulf of Mexico is being polluted by an errant oil drilling operation. It is now considered the worst oil spill in American history. It also exposes the soft underbelly of three major conservative talking points: Corporatist Economics, Tort Reform, and "States' Rights."

Corporatist Economics- The notion that unregulated commerce produces the best economic output is being put to the test. The fishing industry is paralyzed in the Gulf, sending large numbers of people into government unemployment lines, and it means higher prices for consumers. The tourism economy will be badly hurt since beaches will be slimed, and recreational boating will go down. Regulations exist for a reason, they protect consumers, the environment, and other businesses from the excessive activities on one business. This spill was deemed so unlikely that it would have been considered what Nassim Nicholas Taleb called a black swan event. A major event with a small probability that it does not fit into a business model. Big businesses are able to lobby for a bailout. I call this a black pelican event for the heartbreaking images from the Gulf Coast.

Tort Reform- Civil justice means that any person can hold someone else accountable in a court of law. To conservatives, "tort reform" means impeding this ability in the name of efficient commerce. Don't think that if a commoner doesn't pay their bills or cheats the system that the big company won't sue them. Tort reform stigmatizes the little guy suing the establishment. This breach of duty in the Gulf by British Petroleum and its subsidiary is so devastating to so many people that it will become clear that Republican efforts to cap damages and limit access to federal court* is not just.

State Power- Conservatives want drilling allowed by states. At this writing, there is speculation that the oil spill could hit Louisiana, Mississippi, Alabama, swing around the Florida Keys and hit Georgia, South Carolina, and North Carolina. That is just within the United States. To have one state government regulate this, and to have defendants accountable in federal courts in only that state is absurd. No state has the capacity to handle this spill and the interests of several states are affected.

* For a nerdy discussion on civil legal procedure there are state courthouses in every county. They are more populist with elected judges, and sometimes wild jury awards. Therefore conservatives like to limit exposure of companies to federal courts that can be more closely regulated. There are a few federal courthouses in each state, and they are administratively harder to get into.