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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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