Oil Spill Restoration Chief Says Penalties Should Support Gulf Coast Cleanup Projects

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BNA, INC.

ENVIRONMENT REPORTER Reproduced with permission from Environment Reporter, ER 10-1-10, 10/01/2010. Copyright 姝 2010 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com

Gulf of Mexico

Oil Spill Restoration Chief Says Penalties Should Support Gulf Coast Cleanup Projects he Obama administration’s plan for restoring the Gulf Coast, released Sept. 28, asks Congress to amend the Clean Water Act to divert ‘‘significant funds’’ from the Oil Spill Liability Trust Fund to Gulf of Mexico restoration projects. Navy Secretary Ray Mabus released the 130-page document, America’s Gulf Coast: A Long Term Recovery Plan after the Deepwater Horizon Oil Spill, at a news conference in New Orleans. Mabus, a former Mississippi governor, was appointed June 15 by President Obama to develop a long-term restoration plan for the Gulf Coast once the Gulf oil spill was contained. Obama said in a statement after the plan was released, ‘‘The Mabus report offers a commonsense proposal for a path forward’’ that relies on input from and addresses concerns of the states and local communities, tribes, and organizations in the Gulf Coast. Obama said he will ask Congress to consider recommendations for dedicated funding and other proposals in the plan, but ‘‘we will not allow the recovery to wait for congressional action.’’ A few of the report’s recommendations would require congressional action, including the proposal for a ‘‘significant amount of any civil penalties recovered under the Clean Water Act from the Deepwater Horizon spill’’ to be diverted to a new fund to be managed by a Gulf Coast Recovery Council.

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New Mechanism Needed. ‘‘The Deepwater Horizon was more than an order of magnitude greater than any other oil spill the nation has faced to date’’ and therefore, a new mechanism to help fund restoration and recovery operations is needed, the report said. ‘‘These funds would otherwise be sitting in the Oil Spill Liability Trust Fund waiting for the next oil spill,’’ COPYRIGHT 姝 2010 BY THE BUREAU OF NATIONAL AFFAIRS, INC.

Mabus told reporters. ‘‘There is a very compelling case to be made for this,’’ he said. Penalties paid by parties responsible for oil spills go into the trust fund administered by the Coast Guard’s National Pollution Funds Center and are not used for post-response activity. They are there to be drawn upon for future oil spill responses. BP has been reimbursing the federal government for the Coast Guard’s and other agencies’ response to the Gulf oil spill. Asked how much money would be proposed for the Gulf Recovery Trust Fund, Mabus said that is a matter for Congress to decide. At a meeting of the BP Oil Spill Commission Sept. 28, Sen. Mary Landrieu (D-La.) suggested, ‘‘No less than 80 percent of the civil and criminal penalties should be directed’’ to the Gulf states. She said the fines could amount to ‘‘anywhere from $10 billion to $30 billion.’’ Landrieu noted that additional funds could result from claims against BP and other responsible parties as a result of the Natural Resource Damage Assessment process, which determines the cost of restoring damage and also puts a price on the lost use of the damaged resources.

No New Federal Funds. Mabus said, ‘‘I think this is a very different sort of request’’ of Congress. ‘‘There is a responsible party here,’’ and it is not a request for new federal funds, he said. Mabus said he had discussed the proposal with every member of the Gulf Coast delegation to Congress and the five Gulf Coast governors. The Obama administration supports the proposal and will be working to ‘‘get this done expeditiously,’’ Mabus said. Mabus also asked for swift disbursal of about $600 million in Coastal Impact Assistance Program funds, which the government collects through royalties from oil and gas companies and then returns to producer states to pay for environmental projects. Michael Brune, executive director of the Sierra Club, said the Recovery Plan ‘‘makes a solid start toward restoring the Gulf Coast.’’ ISSN 0013-9211


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Oil Spill Restoration Chief Says Penalties Should Support Gulf Coast Cleanup Projects by Janice Valverde - Issuu