Having investigated the current ecological disaster extensively, I can tell you now that the problem is almost exclusively the fault of BP and was caused by a breach of procedure and trying to hurry along the drilling of the well and possibly not even drilling the well properly.
Here is what a finished well is supposed to look like before the mud is pumped out:
Notice how the casing goes all the way through the reservoir? This is done to prevent a blowout of a finished well. Once the well is put finished, oil is produced by perforating (poking a hole) in the casing. If oil is leaking from a well that was in the process of being finished, it wasn’t finished. If you get an abnormal reading in one pressure test and a normal one on a subsequent test, don’t just ignore that abnormal test; something is happening you dumbasses. If you put in 5 barrels of fluid and get back 15, you’ve probably got a leak. If you shut down a pump and pressure increases, there is a problem. BP did a sloppy job on the drilling process and in its rush to move Deepwater Horizon off the well so it could be produced, completely and utterly fucked it up. As a result of this and numerous other smaller spills, botches, and fuck ups which BP has been cited for, I propose a means to alleviate such future problems.
BP is required to pay out of pocked for the entire cost of clean-up. BP is not allowed to produce this well or sell any of the crude which is recovered from the cleanup. Instead, another company should be given this well and the oil salvaged. The EPA should confiscate this well and donate it to another company; the one which receives this gift should be the one with the best environmental and safety record. Half of the profit from this well and the oil from the cleanup should go to the states affected by this spill. (The remaining half, of course, goes to the company that takes environmental and personnel safety seriously)
I think, in this instance, gross negligence is easily provable, thus BPs liability for cleanup costs is not set at the $75 million mark. BP (as a large, multibillion dollar a year company), I think, could make an excellent example of a large company being held accountable for its mistakes. The cost of cleanup (>$5 billion) could take a sizable chunk out of BPs annual profit (~$22 billion).