Long Post - read with beverage in hand, eh?
Quote:
Originally Posted by snberk103
a) As long as corporations are legally required to maximize shareholder value, then the majority will cut as many expenses as possible. You can be certain that BP had calculated exactly what the probabilities of a blow-out were, and the subsequent costs of cleaning it up. They bet, they lost. I suspect they are also finding out their clean up cost costs assumptions were a little low.
Sorry, but corporations and corporate officers are
not legally required to
maximize shareholder value, however, they are required to act in the best interest of the corporation. They aren't the same and its precisely why some public companies have been able to engage in green initiatives though those green initiatives may cost the company slightly more. Many suggests that corporations should and usually do focus on maximizing shareholder value, however, corporations are absolutely not obliged to break the law, ignore regulations, or engage in risky behavior in order to accomplish that goal.
Regardless, maximizing shareholder value doesn't mean taking unnecessary risks that save a few million as BP's decision did. In fact, BP's shareholder value would have been enhanced significantly had they spent the $7 million or whatever to take the extra precautions instead of having a catastrophic failure of the well. Taking shortcuts and ignoring regulations are all contrary to maximizing shareholder value anyways.
First of all, let me state that
personally I believe that corporations
should spend more time and money being responsible to the communities they exist in, and to the globe in general. However, I also recognize that corporations also need to pay attention to the legal frameworks they work in, and to their shareholders. Every couple of weeks or so there is a story in the business news of investors suing a Board of Directors because they feel that their "shareholder value" is not what it should be, based on decisions by the BofD. Admittedly, most lawsuits are unsuccessful, but the BobDs are always needing to think about shareholder value.
Shareholder value should not be maximized by cutting corners, and breaking rules. But we don't
know that BP was cutting corners and not breaking rules. We know that they have been
accused of shoddy practices, but in the light of the gulf disaster it is easy to believe the worst of BP. It has yet been proven in a court of law (where witnesses and evidence can be cross-examined) that they were not following the existing rules.
So, for argument's sake, lets say that BP was following the existing rules. Then the debate becomes, should they have done more? And if they should have done more, how much more? How much extra precautions would have been enough? Should the risk have been decreased by 10%, 25%, 70%, 95%? Because they can never ever guarantee 100% that an accident wouldn't have happened. And remember, whatever measures they might have taken on the Deep Water Horizon would need to be taken on every other off-shore rig. (I found a reference on a CBS site that there are 3500 offshore rigs in US Coastal waters, 79 being deepwater. These are in total, and not necessarily BP rigs. There will be many many more in non-US waters that would impact the US coast should an accident happen.)
If BP starts spending more than they have to on safety measures, those costs are either passed on to consumers, who will likely choose to buy their gas elsewhere - not caring about who spends what on safety measures. Or BP can choose to cut back on exploring for and bringing to market new oil fields (but in a business that deals in a finite resource, not bringing new fields to market is guaranteed to marginalize BP in the long term). Or they can choose to not pay dividends to shareholders. Which risks being sued by pensioners and pension funds because BP is spending more than they have to (and more than their competitors) to lessen the hypothetical risk (because if the extra safety measures
might have prevented the blow-out).
To eliminate all risks of an uncontrolled blow-out in the coastal waters remove all off-shore rigs. Any off-shore drilling entails some risk of an uncontrolled spill, even if it was a very small chance. But then again, the chances of the Deep Water Horizon blowing up were very small too.
And finally, while there is one school of thought that corporations need to be more socially responsible, it is not the only way of thinking. The quote below is responding to the pure-market driven philosophy of companies, and shows that there is still a wide spectrum of what is considered acceptable by different people.
"In a purely market-based view, companies are created simply to provide maximum return for shareholders. But this approach, advocated by economist Milton Friedman and others, has been made obsolete by new business/geopolitical complexities and government policies that encourage companies to take a role in social action, according to Wharton legal studies professor Thomas Dunfee" (Wharton Universia)