The DOJ could and should be doing more to stand up for those hit by the bad choices made by big business. It's false to be labeled as "bad for business" when demanding accountability by a business though that won't stop some from making the charge.
Why should BP be above the law?
“The behavior, words and actions of these BP executives would not be tolerated in a middling size company manufacturing dry goods for sale in a suburban mall,” the government lawyers wrote.
“Yet they were condoned in a corporation engaged in an activity [deepwater drilling] that no less a witness than Tony Hayward [former BP chief executive] himself described as comparable to exploring outer space.”
If the DoJ can establish gross negligence, the penalties under the Clean Water Act would be up to $21 billion, depending on how much oil was spilled. Compensatory and punitive damages would come on top of that sum.