Emergency Response, Doctrinal Confusion, and Federalism in the Deepwater Horizon Oil Spill

The Deepwater Horizon oil spill was accompanied by intergovernmental blame casting and criticisms similar to that of Hurricane Katrina. The federal response was often viewed as slow, state officials were unsure of their role, and local officials complained that they were not adequately consulted. However, natural and oil pollution disasters have relief and regulatory regimes based on doctrines different from those governing natural disasters. This article discusses those doctrines one of which is characterized by "shared power"; the other reflects greater federal direction. The balance of national and state powers inherent in federalism can also lead to confusion and delay in disaster response, particularly when there are overlapping laws and programs and unrealistic state and local expectations.