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Deepwater Horizon Oil Spill

Deepwater Horizon Oil Spill. Quick Facts. Occurred April 20 th , 2010, 50 miles off coast of Louisiana Drilled in 5,100 feet of water to a depth of 35,000 feet Released approximately 4.9 million barrels of oil (210 million gallons)

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Deepwater Horizon Oil Spill

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  1. Deepwater Horizon Oil Spill

  2. Quick Facts • Occurred April 20th, 2010, 50 miles off coast of Louisiana • Drilled in 5,100 feet of water to a depth of 35,000 feet • Released approximately 4.9 million barrels of oil (210 million gallons) • Settled criminal charges with DOJ including 11 counts manslaughter, and 1 felony count of lying to Congress ($4.525 billion settlement. • Oil being cleaned up with booms, dispersants, and oil-eating microbes

  3. www.youtube.com/watch?v=B08p7zltm1w

  4. Which Laws Govern? • Oil Pollution Act of 1990 • National Environmental Policy Act • Clean Water Act

  5. Oil Pollution Act of 1990 (“OPA 90”) • Passed by Congress following Exxon Valdez oil spill in 1989 • Amended Section 311 of the Clean Water Act to govern oil • Consolidates federal environmental statutes, such as Endangered Species Act, Migratory Bird Treaty Act, Refuse Act, etc. • $75 million liability ceiling unless gross negligence or willful misconduct (waived by BP) • Creates Oil Spill Trustee Council • Addresses natural resource damages through NRDA

  6. National Environmental Policy Act • Followed a blowout at Union Pacific Oil Platform off Coast of Santa Barbara, California • Established the Council on Environmental Quality in the Executive Office of the President • Sets forth environmental reviews and requires impact statements for actions taken by the federal government (including cleanup)

  7. Clean Water Act • Prohibits discharge of pollutants into navigable waters of United States • Being used by Justice Department to sue BP civilly • Penalties of Administered by DHS/EPA • Penalties: $37,500 per day of violation or $1,100 per barrel of oil • Gross negligence: $140,000 per day of violation or $4,300 per barrel

  8. Who Is In Charge? • OPA 90 Trustee Council • Department of Homeland Security • Environmental Protection Agency • National Oceanic and Atmospheric Administration

  9. OPA 90 Trustee Council • Serves as a legal group of trustees, including federal, state and tribal representatives • Trustees typically chosen by the governors of the affected states • Administers National Resources Damage Assessment

  10. Alexander, Kristina. The 2010 Oil Spill: Natural Resource Damage Assessment Under the Oil Pollution Act. Rep. no. R41396. Washington D.C.: Congressional Research Service, 2010.

  11. Department of Homeland Security • National Incident Commander named after Title 40 “Spill of National Significance” • Most actions taken through the U.S. Coast Guard • Considered an interest of national security • Directed National Response Teams pursuant to Clean Water Act

  12. Environmental Protection Agency • Responsible for cleanup of oil that lands on the coast • Collects land-based samples and monitors marshes and wetlands • Is administering the NEPA environmental impact statements

  13. National Oceanic and Atmospheric Administration • Collects scientific data in the form of water sampling, satellite imagery and animal death statistics • Has cooperative authority along with USCG • Responsible for monitoring the leaking of oil after well capped

  14. How Is Damage Calculated? OPA 90’s NRDA Process: • Preassessment Phase • Restoration Planning Phase • Restoration Implementation Phase

  15. Preassessment Phase • Involves establishment of jurisdictional areas of the Trustee Council • Notification of responsible parties • Gathers information regarding injuries to environment and persons • Collects scientific data from cooperating agencies

  16. Restoration Planning Phase • Currently being applied • Calls for Public Notice and Comment • Calls for injury assessment and developing restoration alternatives

  17. Restoration Implementation Phase • Administrative record closed • Present a demand to responsible parties • Responsible parties respond within 90 days • Responsible parties must agree or sue • May establish future committees to oversee long-term monitoring

  18. Source: The International Tanker Owners Pollution Federation Limited. Fate of Marine Oil Spills. Tech. no. 2. London: International Tanker Owners Pollution Federation Limited, 2002. Print.

  19. How Is BP’s Liability Limited? • Can sue owner of the rig (Transocean) for indemnification • Insurance for blowout and some costs of cleanup • Not eligible for tax deductions

  20. The End

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