Three Years Later, Panhandle Leaders Say Gulf Restoration Could Be Economic Boon

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

For more information on the state of the Gulf, check out the report Restoring A Degraded Gulf of Mexico.

Three Years Later: BP Still Needs to be Held Accountable

April 18-Three years ago, on April 20, the Deepwater Horizon rig exploded and killed 11 workers. Two days later, the rig sank. Before BP finally capped the well, months later, 206 million gallons of oil had been released along with huge quantities of hydrocarbon gases.

Larry Schweiger, president and CEO of the National Wildlife Federation, said today:

“Nearly three years later, the impacts of the Gulf oil disaster continue to unfold. Dolphins and sea turtles are still dying in high numbers. Just this month scientists announced the spill’s underwater oil plume caused a massive die-off of creatures at the base of the Gulf’s food web. It’s clear that we will not know the full fallout from the disaster for years.

“BP needs to be held fully accountable. The outcome of the ongoing trial must send an unmistakable signal to every oil company that cutting corners on safety is simply not a smart thing to do.

For more on the Gulf 3 year mark, check out the blog Deepwater Horizon: The Disaster that Keeps on Harming.

And now here are highlights from NWF in the news:

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.

NWF: State Dept. Keystone XL Analysis Fatally Flawed

March 1 – The U.S. State Department, which is overseeing the permit application for TransCanada’s Keystone XL tar sands pipeline issued a Supplemental Environmental Impact Statement (SEIS) today. The SEIS release wraps up another stage of the highly controversial environmental review and kicks off a round of public comment that will eventually lead to a final decision from President Obama within several months. National Wildlife Federation has several major concerns with the analysis, but most objectionable is the claim that “approval or denial of the proposed Project is unlikely to have a substantial impact on the rate of development in the oil sands.”

“This analysis fails in its review of climate impacts, threats to endangered wildlife like whooping cranes and woodland caribou, and the concerns of tribal communities,” said Jim Lyon, vice president for conservation policy at the National Wildlife Federation.

• For more, read our latest blog post on this issue: “Will Obama Go Back to 1984 on Keystone XL?“

Oil Spill Case: BP Needs to Be Held Accountable

February 25 - BP is facing tens of billions of dollars in penalties as the U.S. Department of Justice and the British oil giant get ready to start trial Monday over civil charges stemming from the 2010 Gulf oil disaster. However, a report in the Wall Street Journal today suggests that the Department of Justice may be considering proposing a settlement.

“The Gulf of Mexico is more than just a place where oil companies make enormous profits—it’s a public jewel where our children swim, where wildlife live, and where we get the food we eat,” said Larry Schweiger, president and CEO of the National Wildlife Federation.

• For more check out the latest BP blog:  ”BP’s Gulf Oil Spill Trial 101: A Primer“

New NWF Report Raises Questions on Need for Lake Michigan Diversion

February 25 – A new National Wildlife Federation report raises questions on whether a Wisconsin community needs to divert water from the Great Lakes to meet its water needs. The City of Waukesha is applying to divert Lake Michigan water. The application is the first since the passage of the Great Lakes Compact which bans diversions of Great Lakes water and promotes wise water use within the eight states and two Canadian provinces bordering the lakes. Many conservation groups view Waukesha’s application as precedent-setting.

“Our analysis finds that Waukesha might not need to divert Great Lakes water to meet its water needs,” said Marc Smith, Senior Policy Manger with National Wildlife Federation. “The city has options on the table that may satisfy their water needs. In short, they have not justified their need for a Lake Michigan diversion.”

• Download the full report: An Analysis of the City of Waukesha Diversion Application (pdf)

And now here are highlights from NWF in the news:

• The Washington Post: Blocking Keystone XL won’t save the climate, State Department analysis says
• Wall Street Journal: Accusations Fly as Trial Over Gulf Oil Spill Begins (subscription required)
• NPR: Witnesses To Take The Stand In BP Trial
• UPI: Green groups want BP held accountable
• Times-Picayune: Environmental leaders weigh in on the start of BP oil spill trial
• Mother Jones: Top 4 Reasons the US Still Doesn’t Have a Single Offshore Wind Turbine
• Milwaukee Journal Sentinel: National Wildlife Federation questions Waukesha water request
• Detroit Free Press: Warmer winters bedevil moose in Minnesota
• CBC News: Warming Lake Superior stresses wildlife, observers say

For more visit www.nwf.org/news

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.

Striped dolphins swim through BP oil, April 2012 (NOAA’s National Ocean Service)

We’ll take a detailed walk through that history later. But first, the latest from the trial, where a senior BP official admitted on the stand yesterday that BP couldn’t be bothered to gather all available evidence during its internal investigation:

A BP team investigating the company’s Macondo well blowout that led to the explosion and fire that sank the Deepwater Horizon drilling rig in April 2010 never received the results of tests of a light cement used to plug the well from cement contractor Halliburton, a senior BP official leading the investigation said Wednesday. Mark Bly, BP’s executive vice president for safety and operational risk, confirmed during testimony Wednesday afternoon that senior BP attorneys repeatedly demanded the test results and samples of the cement used on the rig from Halliburton, but that they were not made available to BP investigators before publication of the company’s investigative report that bears Bly’s name. [...]

Asked if BP and other investigative teams should have received those results, Bly said, “Yeah, I think people should share information that can help us learn about accidents.”

THIS is the brilliant, no-expense-spared legal strategy that BP has been warning Gulf oil disaster victims about? Look out, out-of-work fishermen – if you don’t take our lowball settlement, we’ll go on the witness stand and tell everyone how forehead-smackingly inadequate & lazy our own internal investigation was!

Legal experts are questioning the sanity of whoever at BP decided to go to trial:

Early witnesses have hammered BP for an “every dollar counts” culture that put profits over safety in the Gulf.

Legal experts familiar with the case expressed surprised that it ever got to trial, and said negative attention from the trial could hinder the company’s efforts to recover from the disaster. [...]

“A day or so more of this bloodbath and BP will get weak in the knees, raise its current $16 billion offer to $18 billion and settle with the U.S.,” [Loyola University College of Law professor Blaine] LeCesne said Wednesday.

As the National Wildlife Federation’s John Kostyack has laid out in detail, even that $18 billion figure could be much lower than BP’s true liability.

Did you expect BP, one of the world’s largest and most profitable corporations, to make better decisions? Why would BP start making good decisions now?

In the very first public relations class I ever took, we were given Tylenol’s response to the 1982 tampering attack as the best way to confront crisis. Put public safety first. Be completely honest and transparent. Do all that right, and winning back the public trust will be worth more than a $100 million ad campagin.

Instead, at literally every step of the way, BP has put profits over people and wildlife, rash action over data collection, and obstruction over transparency:

• Gulf safety plans were copied & pasted from other plans in completely different parts of the planet
• BP officials ignored warning signs that might have averted the Deepwater Horizon disaster that killed 11 workers and gushed over 200 million gallons of oil and other hydrocarbons into the Gulf of Mexico
• BP officials gave the public oil gusher flow rates that were as much as 53 times lower than the true rate
• As hundreds of dolphins and sea turtles and thousands of birds died in the oil disaster zone, BP officials worked to hide the dead from reporters
• Even before the gusher was capped, BP CEO Tony Hayward whined “I’d like my life back,” then jetted off to a yacht race
• BP’s oiled wildlife hotline was at times comically inefficient
• Instead of reaching a fair civil settlement, BP used its media connections to try to get let off the hook from a full payment for its mistakes

Dozens of Gulf activists rally outside BP trial, February 2013

Take Action

Since the first days of the Gulf oil disaster, the National Wildlife Federation has been fighting for justice for the Gulf’s people and wildlife. “The Gulf of Mexico is more than just a place where oil companies make enormous profits—it’s a public jewel where our children swim, where wildlife live, and where we get the food we eat,” NWF President & CEO Larry Schweiger said this week.

Please take a moment right now to ask U.S. Attorney General Eric Holder to hold BP fully accountable for the reckless damage it caused to the Gulf and the wildlife and communities that depend on it.

SHARE this image on Facebook to tell BP not to shortchange the Gulf!

BP Trial – Tens of Billions at Stake

Some people may be asking, “Hasn’t BP paid for the damage?” and the simple answer is “No.” BP did pay a record-breaking $4.5 billion penalty in the criminal portion of the case, but BP still faces tens of billions in civil penalties for reckless violations of the Clean Water Act and the Oil Pollution Act.

One of the main issues at hand is whether or not BP is guilty of “gross negligence.” With everything the public knows about the failed tests, the intentional misrepresentations about the size of the spill, and BP’s abysmal safety record, NWF’s legal experts believe the case should be a clear-cut case of gross negligence.

However, media reports indicate that the Department of Justice may have offered BP a lower-than-expected settlement. Larry Schweiger, president and CEO of the National Wildlife Federation commented, “A potential settlement as low as the reported $16 billion would not be much of a deterrent for an oil giant like BP—and it is unlikely to be enough to fully restore the Gulf of Mexico as the law requires. The Obama Administration can and must do more to hold BP accountable.”

Speak Up for the Gulf!

Help protect Gulf dolphins! Ensure that the Department of Justice holds BP fully accountable for restoring Gulf habitat >> 

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

A photo of a struggling pelican coated with oil floating in the Gulf of Mexico now greets workers arriving at the Navy Archives Metro station, close to the Department of Justice’s Pennsylvania Avenue headquarters building.

We must hold BP accountable for their actions

For a corporation like BP – that has a net worth of about $81 billion and has reported earnings of $5.2 billion for the third quarter of 2012 (a 40% rise in earnings) – the statutory fines it faces for gross violations of the Clean Water Act are (please forgive the horrible pun) a drop in the bucket. It’s despicable that while BP just paid the largest criminal penalties in U.S. history, the amount was still about one billion dollars less than they earned last quarter alone!

What do teachers do to keep kids from repeatedly breaking class rules? They enforce the rules to the letter of the law. So what will adequately prevent corporations like BP from taking reckless shortcuts that harm the environment and ensure there is sufficient capital for environmental restoration?

Suuurvey says: make them pay! The responsible party must compensate the damaged interests (the Gulf resources and communities that were polluted). A robust settlement will deter future misconduct and simultaneously provide the critical investment necessary to repair and rebuild the Gulf.

B.P. = British Petroleum Better Pay

It’s encouraging to hear that the Department of Justice (DOJ) intends “to prove that BP was grossly negligent in causing the oil spill.” To walk the talk, that means DOJ must pursue the maximum penalties under the Clean Water Act and Oil Pollution Act, so the Gulf can be healed.

Take Action! Urge the Department of Justice to hold BP fully accountable for the oil spill. Stand with us, and support DOJ’s efforts to #makeBPpay!