In its new rules for oil and gas drilling in the Arctic, the US has taken the biggest step yet toward a performance-based system that sets clear standards, but allows industry flexibility in how to meet them. That’s a big difference from most US offshore regulation, which is prescriptive in nature, specifying in almost minute detail how operators must comply and leaving little room for deviation. It’s an important development, both in the evolution of offshore safety since the devastating 2010 Deepwater Horizon disaster, and in how regulators approach an industry that is using more complex technology to tackle increasingly dangerous frontier environments. While there are many reasons why operators might return to US Arctic waters, the shift to performance-based standards could help. Prescriptive rules are sometimes derisively referred to as “checklist” regulation, reflecting their reactive nature that relies on inspectors checking the boxes during inspections. Performance-based rules, […]