Remember the plume of dispersed oil that stretched from the wellhead and settled in the deep underwater canyon just south of the wellhead? It turns out the foul feature caused an oily sediment blizzard. Analysis of core samples taken from the canyon where the sediment blizzard came to rest showed the record die-off.

As the oil was flowing, David Hollander at USF was one of the first scientists to find that subsea dispersant application led to the plume of oily water. At the time, I was staffing Sen. Bill Nelson (D-FL) who sits on the Senate Oceans Subcommittee. Hearing what researchers like Hollander were finding, Sen. Nelson was gravely concerned about the impacts of dispersed oil particles on the Gulf food-web. He filed the Subsea Hydrocarbon Imagery and Planning (SHIP) Act to require the government to track the plume and develop a plan to clean it up. SHIP was never enacted.

Hollander was right to be concerned three years ago. Summarizing the results of the USF study, Hollander says, “Everywhere the plume went, the die-off went.”

Marine Foraminifera by Flickr user Pali Nalu

Gulf Killifish by Louisiana Sea Grant College Program, Louisiana State University

Gills serve fish the way lungs serve humans: they allow for oxygen to enter the bloodstream and remove carbon dioxide. In essence, they “breathe.” Healthy functional gill tissue has a uniform, parallel, accordion appearance. Louisiana State University researchers compared the gill tissue of killifish in an oiled marsh to those in an oil-free marsh. The results? The gill tissue from killifish in the oiled marsh was a mangled mess.

Reports that microscopic organisms and bull minnows were harmed by the disaster three years ago suggest there are more impacts to come. It took years after the Exxon Valdez oil disaster for the Pacific herring population to crash. Harm at the bottom of the food-web manifests incrementally. We may not know for years how top predators like tuna and dolphin will fare.

This week, BP began its defense in the Deepwater Horizon trial. One thing is clear: BP would like the American people and the Judge to believe the disaster is over. There is no doubt: BP will present a court case rivaling its public relations case in the court of public opinion. Gulf wildlife aren’t buying it. Neither should Judge Barbier, and neither should we.

The Inca city of Machu Picchu

Many human hands have touched this architectural and spiritual marvel, and the wildlife impacts are apparent. The once-wild Alpaca are now domesticated. The Andean condors revered by the Inca and signified in the ruins are rarely spotted crossing the valley dividing Machu Picchu from its neighboring peak Huayna Picchu.

Yet the natural beauty endures.

The city sits almost at the summit of the mountain and is surrounded on three sides by the Urubamba River. The Quechua word for water is “Yaku.” Civilization has often flourished near rivers because they serve as a source of necessary freshwater, abundant fish, and aqueous superhighways for commerce and transportation. For the Inca and indigenous people who still inhabit the region, Yaku is life.

On the 24th anniversary of the Exxon-Valdez oil disaster, it’s disheartening that 11,500 square miles of the Amazon rainforest beneath these peaks will be auctioned off for oil production. Indigenous groups in the region rely on one of the most diverse ecosystems in the world to provide food, water, shelter, and medicines. The Achua and Quechua people reside in the river basins straddling Ecuador and Peru beneath the Andes Mountains that form the headwaters of the Amazon River.

These people shoulder the most acute cost of inherently dangerous oil exploration in this pristine setting — and they don’t feel the Ecuadorean government is taking their concerns seriously. According to Narcisa Machienta, a leader in the Achua community, “they have not consulted us…they don’t have our permission to exploit our land.”

Unfortunately, the Achua and Quechua know this from experience. Occidental Petroleum began production in the Pastaza River basin in the 1970s. Since that time, Sixto Shapiama of the Quechua community says there have been “constant spills…[T]he sediment at the bottom of the river is completely contaminated.”

Most recently, Argentine oil giant Pluspetrol has fouled the land and waters of the Quechua and Achua.

Urubamba River with hydroelectric generation.

Likewise, BP shareholders received dividend checks even as Gulf fishermen struggled to sell their catch.

In the United States, environmental laws attempt to shift some of the actual impact of oil production to the industry. As a result, BP is liable for response costs, all quantifiable damages, and civil and criminal penalties for its role in the Deepwater Horizon disaster. The Department of Justice is pursuing claims against BP in federal court. U.S. District Judge Carl Barbier has an opportunity to ensure an oil company accounts for the real cost of its business.

The Peruvian government does too. The good news is that the Environment Ministry is finally taking that opportunity: In January, Pluspetrol was issued $11 million in fines for contamination at Peru’s largest crude oil field. Just this week, the Ministry declared the region an environmental state of emergency, ordered Pluspetrol and Occidental to clean up their mess, and set standards to limit soil contamination.

Let’s hope for the sake of the Quechua, the Achua, the Amazon, the condor, clean water, and future generations of honeymooners that the Ecuadorean government follows suit. And for the sake of Floridians, Louisianans, Americans, the Gulf of Mexico, sea turtles, and our children, let’s hope Judge Barbier does too.

Gulf residents on the first day of trial, asking the Department of Justice to hold BP fully accountable.

BP asked District Judge Carl Barbier to rule that there wasn’t evidence of gross negligence. Rather than delay justice for the Gulf, Barbier was clear: “Frankly, I’m not going to grant that motion,” Barbier said. “I don’t see any point in arguing it.”

In the elaborate dance of this multi-party, multi-claim, multi-district trial for the largest environmental disaster in U.S. history, Transocean will present its case next. Transocean will likely argue the disaster was caused by the gross negligence of BP, or that the disaster was an accident.

As the oil companies point fingers, the impacts of the disaster on Gulf wildlife linger. Recent data suggests oil mixed with sediments in a dirty “blizzard” before settling on the sea floor, potentially causing “significant damage to ecosystems” and future harm to commercial fisheries. For the sake of the Gulf, it’s time for the blame game to end and for restoration to begin.

 Nearly three years after the explosion of the Deepwater Horizon, scientists are still investigating why dolphins are dying in high numbers. Help us hold BP accountable for the spill and protect wildlife!

Click here to view the embedded video.

It’s difficult to quantify the harm in an environmental disaster. The Gulf is enormous and oil gushed from over a mile below the surface of the ocean. Because water and wildlife move, it would be near-impossible to find every bit of damage. Researchers found evidence of Deepwater Horizon oil in pelican eggs in Minnesota last year! To compound matters, the impacts are far-reaching into parts of the ecosystem that scientists don’t know much about. For instance, a substantial amount of the oil moved southwest of the Macondo well and settled into a deep underwater canyon.

But for multinational oil companies like BP, the profits are obvious, and they are high.

BP’s 2012 annual report indicates that Chief Executive Bob Dudley, who spoke at the CERAWeek Energy Industry conference yesterday about just about everything but trial, made $2.67 million last year. In the three years since the spill, BP has netted close to $40 billion, even after covering the cost to cap the well, run ubiquitous “our beaches are open” commercials, pay individual claims and pay the largest corporate criminal penalty by the Department of Justice.

Anchor-handling tugboats battle the blazing remnants of the off shore oil rig Deepwater Horizon. U.S. Coast Guard photo.

The law that governs oil spills is clear: since profits from offshore drilling are so high and the consequences are so dangerous, unsafe drillers who spill must compensate for all damage and face penalties. This helps discourage putting profits over safety.

Unbelievably, on the day of our panel, the Washington Post ran an editorial arguing that BP should not face severe penalties. The editorial posed the question, “How much is too much for BP?” In what must be a tagline meant for an April Fool’s Day piece, the editorial continued, “A bill anywhere near that large is impossible to justify.” This is precisely why polluters engage in willful blindness to legal requirements: environmental laws are viewed as somehow less legitimate than tax evasion, racketeering, or labor laws. But crime is crime.

Testimony from the trial shows that this multi-billion dollar corporation had an “every dollar counts” mentality that led them to take egregious safety risks to cut costs, resulting in the loss of eleven lives and over 172 million gallons of crude oil spilled in one of the most productive ecosystems in the world. Misplaced sympathy for BP’s liability is akin to taking pity on Ponzi schemers facing punitive damages for their crimes. BP made calculated business decisions to take dangerous shortcuts in search of profit. The only way to prevent such behavior in the future is to balance the scales of justice so that the reward no longer justifies the risk.

Almost three years after the spill began, the Gulf’s dolphins are still dying in high numbers. Ask the Department of Justice to hold BP fully accountable so we can restore the Gulf of Mexico!

An oiled brown pelican floats in the Gulf during the height of the 2010 oil spill. Photo credit: Louisiana Governor’s office.

One way or another—either through a ruling or a settlement—BP will be held liable for violations of federal environmental laws designed to protect the public from pollution.

So far, the evidence has confirmed some things we already knew from the multiple investigations into the disaster. BP’s corporate mantra that “every dollar counts” put profits over safety in the Gulf of Mexico.

The restoration needs of the Gulf are real, they are imminent, and they must be addressed now. But any final judgment or settlement that fails to adequately compensate for the losses and deter future recklessness would be an injustice for the Gulf and for the nation.

For those who  are watching to make sure BP is held accountable, here’s a summary of the basic trial process over the coming months:

Phase One

The main point that Judge Barbier is considering in this portion of the trial is whether there was “gross negligence” on the part of the BP and the other defendants. It matters because the law punishes gross negligence more strongly than simple accidents. Under the Clean Water Act, a finding of ordinary negligence would result in a fine of $1,100 per barrel, while gross negligence or willful misconduct could result in a fine of $4,300 per barrel.

Oiled sea turtle after the BP oil disaster. Photo credit:  NOAA.

The proceedings will focus on:

• Loss of well control — What actions prior to the accident led to the release of gas from the well?
• Fire and explosion — How did the gas reach the deck of the Deepwater Horizon and ignite?
• Sinking of the Deepwater Horizon — Why did the rig sink after the explosion and fire?

Judge Barbier will consider the evidence about what led to each of these occurrences to determine how unreasonable the actions of BP and its codefendants were before, during, and after the explosion. NWF’s legal experts believe that these factors will show that BP was grossly negligent.

Phase Two

The second phase will focus on two key issues from the time the oil rig sank to when the spewing well was permanently sealed.

• Source Control — What BP, Transocean, and other parties did to stop the release of oil and gas, including allegations that BP and Transocean were not prepared to deal with the blowout and uncontrolled oil release.
• Quantification of Discharge – Both sides will present testimony on how much oil was released into the Gulf from the time the spill began until the well was capped. 

Speak Up For the Gulf!

The Gulf ecosystem and its wildlife need restoration now. We hope to see justice for the Gulf in the form of maximum penalties under the Clean Water Act and the Oil Pollution Act that will then used for crucial ecosystem restoration.

Help protect the Gulf’s wildlife! Ensure that the Department of Justice holds BP fully accountable for restoring Gulf habitat for dolphins and other species >> 

You can follow all the BP trial proceedings on the Mississippi River Delta Coalition’s Twitter and Facebook.