National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling: Oil Spill Commission Releases Two Staff Working Papers–Liability and Compensation Under the Oil Pollution Act & Continuous Improvement is Essential

Liability and Compensation Under the Oil Pollution Act[1]

Continuous Improvement is Essential

www.oilspillcommission.gov.

For Immediate Release: Mar. 7, 2011
Contact: Dave Cohen, Press Secretary 202.570.8311, Dave.Cohen@OilSpillCommission.gov

Today, the National Oil Spill Commission is releasing its two final staff working papers (attached below). The research reflected in these papers, like previously released documents, informed the Commission’s deliberations, and the findings and recommendations in its Final Report. That report was presented to the President on January 11, 2011, but the staff papers themselves do not express the views of the Commission.

The staff working papers released today cover the following topics:

“LIABILITY AND COMPENSATION REQUIREMENTS UNDER THE OIL POLLUTION ACT”
This staff working paper states that its purpose is “to provide background information to the Commission in support of the Commission’s consideration of policy options related to liability caps and financial responsibility applicable to oil spills. To that end, the paper briefly summarizes existing law and identifies some of the more significant policy issues raised concerning possible amendment of current law. The paper discusses each of these issues, highlighting some of the competing concerns implicated by different policy outcomes.”

“Continuous Improvement is Essential: Leveraging Global Data and Consistent Standards for Safe Offshore Operations”

This paper “identifies the various organizations that collect incident and personal injury data for offshore oil and gas operations, what data each collects, and how that data might be used. This paper also considers the various national and international standard-setting organizations related to offshore oil and gas activities and their governing guidelines.”
The staff working papers are also available at www.oilspillcommission.gov.

Special thanks to Richard Charter

E&E: Greenwire: Louisiana poll shows widespread health effects in spill’s wake & Survey report

BP Oil DIsaster– Results from a Health & Economic Impact SurveyLa. poll shows widespread health effects in spill’s wake (03/04/2011)

Elana Schor, E&E reporter

Nearly half of surveyed residents in Louisiana’s coastal parishes
experienced adverse health effects that could be linked to chemical
exposure in the months after the Gulf of Mexico oil gusher last year,
according to a poll released yesterday by a green group in partnership
with Tulane University’s disaster leadership academy.

The health impact poll, billed as “the largest known face-to-face
survey of communities impacted by the oil spill” by its authors at the
Louisiana Bucket Brigade (LABB), also found that locals’ health
complaints sometimes went untreated, even among those with health care
coverage. While 54 percent of respondents held health insurance, 15
percent sought medical care for more direct exposures and 31 percent
did so for symptoms.

The share of respondents using over-the-counter medication “more often
than usual” to deal with health problems in the wake of the oil spill
also hit 31 percent in the LABB-Tulane poll, which was conducted with
support from the Patagonia clothing company.

LABB conducted its survey of 954 residents in the Louisiana coastal
parishes of Plaquemines, Jefferson, Terrebonne and St. Bernard during
the day, a limitation it noted would “likely exclude” many of the
fishermen and other coastal locals hired by BP PLC and federal
responders to help clean up the spilled oil.

Nonetheless, the group — which often faces off against the oil
industry, particularly on the issue of air emissions from local
refineries — expressed hope last year that its project could help
inform a sweeping National Institute of Environmental Health Sciences
(NIEHS) study of the Gulf Coast health impact from the 86-day leak
(Greenwire, Aug. 19, 2010).

NIEHS’s prospective study, carrying a $10 million-plus budget and
expected to survey upward of 55,000 oil spill cleanup workers, was
officially kick-started this week (Greenwire, March 1).

“More data should be gathered, but most important is action,” LABB
wrote in its report on the survey results. “Absence of data should not
be used as an excuse for inaction.”

The green group’s recommendations, which it described as coming largely
from interviews with affected coastal residents, included an increase
in access to health care providers trained in treating the consequences
of exposure to oil and dispersants, a focus on treatment in addition to
study of symptoms, and training of locals in seafood sampling and other
long-term spill recovery work.

Whether that call for more attention to medical treatment will pay
dividends remains unclear. Both the Obama administration and BP
reported during the spill that their sampling of air and water along
the Gulf Coast yielded little cause for concern about lingering
environmental health consequences in the area. Monitoring of chemical
exposure among cleanup workers, however, raised alarms among
environmentalists and some veteran industrial hygienists (Greenwire,
June 11, 2010).

Survey

AP: Climate Activist Tim DeChristopher Convicted on Two Felony Counts

http://www.chron.com/disp/story.mpl/ap/top/all/7456062.html
learn more at: http://www.bidder70.org/

by Brian Merchant, Brooklyn, New York on 03. 3.11
Business & Politics

I’m hanging out at the Garrison Institute this week, bracing myself against a stream of provocative ideas about the intersection between climate change, the human brain, and individual behavior. But this news, needless to say, broke the flow: Famed environmental activist Tim DeChristopher has been convicted on two felony counts, and now faces up to 10 years in prison and fines up to $750,000.

Here’s the AP:

An environmentalist has been convicted of making $1.8 million in false oil and gas drilling bids at a federal auction in a case that became a cause celebre among activists and Hollywood stars. Authorities say 29-year-old Tim DeChristopher made the bids to run up the price of 13 oil-and-gas leases near Utah’s Arches and Canyonlands national parks but lacked the ability to pay.

A federal jury reached its verdict Thursday, finding DeChristopher guilty of two felony counts of interfering with and making false representations at a government auction … A University of Utah economics student at the time, he offered to cover the bill with an Internet fundraising campaign, but the government refused to accept any of the money.

This is truly unfortunate — recall that it was later ruled that the auction that DeChristopher disrupted was improperly conducted, and possibly illegal. DeChristopher engaged in a sort of nonviolent peaceful civil disobedience that’s all too rare in the modern era of tepid online blog activism.

The only solace we should take with this is that DeChristopher going to prison will only raise his profile — and drive his message, that the need for climate action is worth self-sacrifice, further into the mainstream. As Bill McKibben noted in a tweet after hearing the news, “”The government should give him a medal, not a sentence.”

Join the growing movement to help DeChristopher on Twitter with the tag #bidder70.

http://www.treehugger.com/files/2011/03/climate-activist-tim-dechristopher-convicted-felonies.php

Federal jury in Utah convicts environmentalist
By CHI-CHI ZHANG Associated Press © 2011 The Associated Press
March 3, 2011, 8:00PM
SALT LAKE CITY – An environmental activist was convicted Thursday of making $1.8 million in false oil and gas drilling bids at a federal auction in a case that became a cause celebre among avid supporters and Hollywood celebrities such as Robert Redford.

Tim DeChristopher, 29, made the bids to run up the price of 13 oil-and-gas leases near Utah’s Arches and Canyonlands national parks and push the land beyond the reach of buyers.

But in the end, he lacked the ability to cover his bids.

It took a federal jury about five hours to convict DeChristopher on two felony counts of interfering with and making false representations at a government auction. He faces up to 10 years in prison and a fine of $750,000 at his June 23 sentencing.

DeChristopher remained stoic and resigned as the verdict was read, showing little emotion. Supporters, who filled more than half the courtroom, gasped and cried.

“Nobody told me this battle would be easy,” he later told more than 50 emotional fellow activists on the courthouse steps. “Because of what you have done on the outside, it doesn’t matter what happened on the inside.”

Supporter Maureen Simes, 43, of Salt Lake City, called the outcome a mistake.

“I hope this verdict will strengthen our cause,” the teary-eyed Simes said.

Defense attorney Ron Yengich told reporters it was a fair trial and he hoped for leniency at DeChristopher’s sentencing, given his client has no previous criminal history.

“He’s never had any problem with the law,” Yengich said.

DeChristopher simply wanted to raise awareness about aggressive drilling in pristine western areas, and had no malicious intent, the lawyer said.

In closing arguments, however, U.S. Attorney John Huber said DeChristopher “derailed, disrupted and sabotaged” the December 2008 auction in the final days of the Bush administration.

As Bush prepared to leave the White House to make way for President Barack Obama, the Bureau of Land Management held one of its final quarterly oil and gas lease auctions, offering 131 parcels that included nearly 150,000 acres of land. The auction drew criticism from environmental groups that called the sales illegal.

Assistant U.S. Attorney Scott Romney has said the case was not about “Big Oil” or the federal government, but about DeChristopher breaking the law.

His trial drew colorful courthouse demonstrations by members of his Salt Lake City non-profit group Peaceful Uprising, and attracted hundreds of supporters wearing orange sashes as a symbol of solidarity, including actress Daryl Hannah and Peter Yarrow of the 1960s folk-singing trio Peter, Paul and Mary.

As the trial kicked off earlier in the week, demonstrators gathered in Pioneer Park for an early morning rally, singing Pete Seeger’s famous protest song, “If I Had A Hammer,” shouting chants against government control of public lands, and waving signs that called for DeChristopher to be set free.

On the day of the 2008 auction, DeChristopher dressed casually, unlike most bidders, but posed as one of them. He said later he felt the stunt would make a stronger statement than merely protesting with demonstrators outside the Bureau of Land Management offices.

He didn’t deny disrupting the auction and hadn’t planned on actually winning the bids, but instead his intent was to simply raise the price of the leases closer to fair market value.

Federal prosecutors say he is the only person ever charged with failing to make good on bids at a lease auction of public land in Utah. They had offered plea deals, but DeChristopher chose a trial.

A University of Utah economics student at the time of the bids, DeChristopher offered to cover the bill with an Internet fundraising campaign, but the government refused to accept any of the money.

DeChristopher testified during the trial that he didn’t intend to actually bid on the leases but decided during the auction that he wanted to delay the sale so the new Obama administration could reconsider the move.

A federal judge later blocked many of the leases from being issued.

Fellow environmentalists and supporters, including actor and director Redford, have made DeChristopher a folk hero of the movement, insisting he was standing up to a federal agency that violated environmental laws by holding the auction in the first place.

“He wanted to give some hope to people,” Yengich told jurors in closing arguments. “You may disagree with how he went about it, the government may disagree. But that was his purpose in being there. It wasn’t to fool anybody.”

Filming outside the courthouse was Telluride, Colo., filmmaker George Gage, who with his wife has spent more than two years working on an hour-long documentary about DeChristopher.

A rough cut of the film is expected to debut at Colorado’s Mountainfilm Festival at the end of May.

Gage hopes the project will be accepted by Utah’s Sundance Film Festival, which was founded by Redford.

Special thanks to Richard Charter

Common Dreams.org: Public Citizen: Interior Department’s Shortsighted Approval of Drilling Permit Is a Recipe for Disaster

http://www.commondreams.org/newswire/2011/03/02-3

Statement of Tyson Slocum, Director, Public Citizen’s Energy Program
WASHINGTON – March 2 – Talk about short-term memory.

For the first time since 2010’s oil disaster in the Gulf of Mexico, the Department of Interior has granted a deepwater drilling permit — for a well in which BP has the largest financial stake. To do so without imposing stronger environmental and safety standards is a recipe for disaster. The agency must be naïve to think this is about Noble Energy, the applicant.

The Interior Department must start evaluating financial partners in its assessment of whether to grant drilling permits and should not be granting application status to minority interest partners.

By considering this drilling permit a venture of Noble Energy, which has a 23.25 percent financial stake in the operation, the Interior Department has its head in the sand. BP, the corporation responsible for 4.9 million barrels of oil gushing into the Gulf of Mexico in 2010, has a financial interest double that of the application’s namesake. A 46.5 percent share is nothing to scoff at.

Although Noble’s name is on the application, BP could have twice the say on safety or environmental matters – and we’ve seen how that plays out.

If the Obama administration is really as serious as it claims about reforming the deepwater drilling industry, it must uphold the standards it has proposed. This is no time to be waiving the new stringent regulations, particularly when the involved corporation has a history of environmental and worker abuses.

The tougher permitting process has not led to the $100 barrels of oil we are seeing today. It is not the cause for panic at the pump.

Going forward, the Obama administration must subject deepwater well applications to tougher scrutiny and take into account all financial partners in an application. In the future, a minority partner cannot be allowed to be the applicant. The Obama administration should consider the track record and financial partners of applicants before approving a permit.
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Public Citizen is a national, nonprofit consumer advocacy organization founded in 1971 to represent consumer interests in Congress, the executive branch and the courts.