More expert commentary on Exxon Valdez -- Sturley on vicarious liability

The Wall Street Journal Law Blog posted comments by Michael Sturley who helped prepare ExxonMobil's brief.WSJ Law Blog   He didn't make predictions, but did highlight the vicarious liability argument that EM should not be held liable for Hazelwood's actions because they were against policy and he was not high enough in the corporation.  I find this fascinating.  In the criminal context, federal criminal statutes have been interpreted to hold corporations vicariously liable for actions of all employees within the scope of employment and that having a policy against the action does not insulate the corporation.  Why, pray tell, would we apply a different test in a punitive damages context?