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85 Tul. L. Rev. 983 (2010-2011)
Beyond Profit: Rethinking Corporate Social Responsibility and Greenwashing after the BP Oil Disaster

handle is hein.journals/tulr85 and id is 991 raw text is: Beyond Profit: Rethinking Corporate Social Responsibility and Greenwashing After the BP Oil Disaster Miriam A. Cherry* Judd E Sneirsont The explosion of the BP-leased Deepwater Horzon and subsequent oil spill stand as an indictment not just of our national energy pnonties and environmental law enforcement; they equally represent a failAw of Anglo-Amencan corporate law and what passes for corporate social responsibility i business today Usig BP and the dsaster as a compellig case study thisArticle examines green marketnhg and corpomte governance and identifies elements ofeach that encouige finms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. This Anicle then proposes reforms and protections designed to icrease corporate social responsibility root out geenwashing, and recognize liability for corporate social responsibility fauds on consumers and investors. One of these protections derives from the newly enacted Dodd-FrankAc4 whose Burau of Consumer Financial Protection could play a leading role in policing fraudulent claims of corpordte social responsibility I. INTRODUCTION. ................................ ......984 II. THE REALITY AN OVERVIEW OF THE BP DISASTER ..................988 A. The Deep water Horizon Explosion ......... ..... 988 B. Safety Violations ..................... .....995 III. THE MYTH: BP'S HISTORY AND BEYOND PETROLEUM INITIATIVE ..............................................999 A. lIstory Cast of Characters, and Corporate Culture.........999 B. The Beyond PetroleunAdvertising Campan ...........1002 C FornerBP CEO LordlJohn Browne eMemoir..............1004 D. Reception ofthe BPAdvertising Campaign .........1007 0 2011 Miriam A. Cherry and Judd F. Sneirson. * Visiting Professor, Appointed Professor of Law, St. Louis University Law School; Associate Professor of Law, University of the Pacific, McGeorge School of Law; B.A. 1996, Dartmouth College; J.D. 1999, Harvard Law School. t Visiting Professor, Hofstra University School of Law; B.A. 1992, Williams College; J.D. 1996, University of Pennsylvania. The authors wish to acknowledge Anne Bloom, Adrienne Davis, Monica Eppinger, Chad Flanders, Victor Fleischer, Aya Gruber, Dayna Matthew, Scott Moss, Paul Ohm, Robert L. Rogers, Rachael Salcido, Andrew Schwartz, Constance Z. Wagner, and Jarrod Wong for their insights. Our appreciation to Kristen Henke, Matthew Pinkerton, and Joshua Ebersole for their excellent research assistance. Finally, thank you to the editors of the Tulane Law Reviewfor their hard work on this symposium issue. 983

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