Action Alert: July 20th–HELP SEND THE MESSAGE TO LEGISLATORS TO BAN OIL DRILLING IN FLORIDA

I personally hope that everyone will suppor this effort to ban oil drilling in Florida; our endangered coral reefs, our beaches, fisheries and tourism economy demand it! DeeVon

Dear Friend:

We urgently need your help.

So do all of Florida’s citizens, our beautiful beaches and our imperiled marine life.

This Tuesday, the Florida Legislature will meet in a Special Session called by Governor Charlie Crist. The Governor is asking our Representatives and Senators to send the voters a proposed constitutional amendment that would permanently ban oil drilling off our coasts. (Governor’s proclamation attached.)

But House leaders are threatening to kill the proposal when they arrive in Tallahassee, denying the voters the right to decide. Here’s a link to a news story that ran today in the Miami Herald and St. Pete Times describing this horrible state of affairs:

http://www.miamiherald.com/2010/07/16/1732883/special-session-on-oil-drilling.html#ixzz0tr8OBncO

It is imperative that the Legislature put the drilling ban on the ballot and let the voters decide. We must take action quickly to mobilize our friends, organizations and communities as effectively and visibly as we did last month when more than 40,000 Floridians joined hands at 242 beaches across the State.

There are three things we are asking people to do:

1) Call and write your Florida Representative and Senator and urge them vote yes to place the drilling ban amendment on the ballot.
2) Hold a Hands gathering in front of your State Representative’s district office on Monday and/or Tuesday at Noon (& alert the media). You don’t need 100 people — 10 or more would work just fine.
3) If possible, travel to Tallahassee on July 20th to join Hands Around the Capitol and to lobby legislators during the first day of the special session (see below for more details).

Together we can mobilize tens of thousands of Floridians to persuade the Legislature to do the right thing:

Let the voters decide!

Frank


Frank Jackalone
Senior Field Organizing Manager/ FL & PR
Sierra Club
111 Second Avenue, Suite 1001
St. Petersburg, FL 33701
(727)824-8813
frank.jackalone@sierraclub.org

HELP US SEND THIS MESSAGE TO OUR LEGISLATORS:

JOIN HANDS WITH FLORIDIANS AND

LET THE VOTERS DECIDE!!

An important message from Dave Rauschkolb (founder of Hands Across the Sand):

This is the most important week in the battle to keep oil drilling out of Florida’s waters. I am calling on every Floridian who joined hands with us on February 13 and June 26 to join hands once again and do one or all of 3 very important things.

1. Join us this Tuesday, July 20 in Tallahassee for an important gathering to JOIN HANDS (details below.)

2. Take five minutes and call your Legislators at this link. (TALKING POINTS BELOW)
http://myfloridahouse.gov/Sections/Representatives/myrepresentative.aspx?Address=&City=&Zip5=&

3. Take 2 minutes and write this pre-prepared letter to your legislator at this link.
https://secure3.convio.net/nasaud/site/Advocacy?cmd=display&page=UserAction&id=815

There is no more important thing you can do right now than join hands with us in one or all three of these ways. Help us put the decision to drill in our waters firmly where it belongs, in our hands!! Join hands Florida!! Special thanks to the Coalition of organizations (listed below) which has joined hands to bring this event together.

Very best,

Dave Rauschkolb

A JOINING OF HANDS AT THE CAPITAL IN TALLAHASSEE
FOR THE SPECIAL SESSION ON OIL DRILLING

WHEN: Tuesday, July 20, 2010

WHERE: The Capitol Courtyard (between the old and new Capitol)

Tallahassee, FL

TIME: 11:30 am EST

Please join Crude Awakening, Hands Across The Sand, The Florida Wildlife Federation, 1Sky Florida, Audubon of Florida, Clean Water Action, Emerald Coastkeeper, Defenders of Wildlife, Progress Florida, Save Our Shores! Florida, Sierra Club Florida and other organizations for a Hands at the Capitol Event to ask our legislators to let Florida citizens decide the question – Should drilling be banned from our state territorial waters?

Join us on Tuesday July 20 at 11:30 am EST in the Capitol Courtyard for this important event then stay to visit with your elected representatives to ask them to let the voters decide.

Goal: at least one caravan from EVERY legislative district! Please tell all your supportive friends in Florida!

The Legislature has been called into Special Session on Tuesday, July 20 -23 to consider a Joint Resolution that would place the question of drilling in state waters on the ballot for November. This event will show the statewide support for this ballot initiative. Our message to the legislators is – Let the people decide!!

For more information on this important event, including finding out about places to stay and other events in Tallahassee that week, please go to Crude Awakening’s link –

http://sites.google.com/site/crudeawakeningtally/home/events
or contact Kim Ross at crudeawaketally@gmail.com

To assist Crude Awakening in the lobby portion of the day, please complete the following form to help us better organize: http://bit.ly/9tnuN6

Talking points when calling your Legislators:

Support a Permanent Ban on Oil Drilling in Florida’s Waters

Let the People Decide. Tell your Legislators to put the Oil Drilling Ban on the State Ballot and make the ban on drilling in Florida’s coastal waters permanent.

The oil that has been washing up on Florida’s beaches is a stark example of why oil drilling should never be allowed in Florida’s coastal waters.

While state law limits drilling in Florida waters the Legislature can undo the ban in a matter of days. (At the request of the oil companies they almost did that last year).

To protect Florida’s beaches now and for our children and grandchildren we need to give the people a chance to vote on an amendment banning nearshore drilling on November’s ballot.

Once the people of Florida place this ban in the Constitution, only the people of Florida can remove it.

CNN: Pressure rising in cap at BP’s undersea well, a positive sign

Friday, July 17th, 2010
by CNN news wire staff
New Orleans, Louisiana (CNN) — The verdict Friday: so far, so good. But don’t break out the champagne just yet.

Cautious optimism blossomed after BP stopped the oil gushing from its ruptured undersea well, especially when a top company official reported Friday that pressure within the new well cap was steadily rising.

President Barack Obama, who expects to return to the Gulf Coast in the next few weeks, tempered the good news in remarks Friday morning. He said the new capping stack BP lowered in place this week is successfully containing the oil, but definitive answers won’t be known until the testing and data evaluation are complete.

“I think it’s important that we don’t get ahead of ourselves here,” he said. “You know, one of the problems with having this camera down there is that when the oil stops gushing, everybody feels like we’re done, and we’re not.

“We won’t be done until we actually know that we killed the well and have a permanent solution in place,” he said.

Pressure was up to 6,700 pounds per square inch inside the well’s capping stack, said BP Senior Vice President Kent Wells. The company is looking for a pressure above 8,000, which would indicate that no oil was being forced out through a fresh leak and that the well was undamaged and able to withstand the pressure of the cap.

Video: Obama’s ‘good news’ on oil spill

Video: The leak’s stopped, now what?

Video: BP exec: ‘Too early to celebrate’

Video: Berms good for cleanup? RELATED TOPICS
Gulf Coast Oil Spill
BP
Gulf of Mexico
Two robots trolling the sea floor in the area of the well bore and two others capturing sonar data have not detected any breaching yet, Wells told reporters on a conference call Friday. BP is “encouraged by those results,” he said.

The “well integrity test” began Thursday after two days of delays, first as government scientists scrutinized testing procedures and then as BP replaced a leaking piece of equipment known as a choke line.

The oil stopped gushing out Thursday afternoon, the first time BP has been able to gain control since the Deepwater Horizon rig exploded three months ago and triggered the catastrophe.

A series of cameras below the surface clearly showed the halt — a far different scene from the images day after day of a relentless flow.

BP and government engineers and scientists are scrutinizing the test data at six-hour intervals.

The testing could go on for 48 hours. The longer it goes, the better indications are that the well is holding with the custom-made sealing cap.

BP planned a second seismic run Friday to check for a breach in the well. It will take 24 hours to evaluate the seismic tests.

Meanwhile, Wells said work restarted Friday on the drilling of the first of two relief wells, seen as a more permanent way to plug and seal the breached well.

BP cautioned that the oil cutoff, while welcomed, isn’t likely to go beyond the 48 hours.

Valves are expected to open after that to resume siphoning oil to two ships on the surface, the Q4000 and Helix Producer, as government and BP officials assess the data and decide what to do next. Two more ships are due to join them in coming weeks, bringing containment capacity to 80,000 barrels (about 3.4 million gallons) of oil a day, more than high-end estimates of how much oil had been leaking.

“It felt very good to see no oil going into the Gulf of Mexico,” Wells said. He said company officials are “obviously very encouraged” but they are “trying to maintain a strict focus” on remembering the whole purpose of the test, which is to gather data and decide how to proceed.

“I don’t want to create a false sense of excitement,” he said. “We want to move forward and make the right decisions.”

And BP Chief Operating Officer Doug Suttles said on CNN’s “Situation Room” that while no leaks were apparent, it’s too early to celebrate.

However, that did not stop Gulf residents from being cautiously optimistic about the leak being stopped.

“See the smile? That’s my reaction,” said Jamie Munoz. “But it’s cautious optimism. Obviously I’m very happy. It’s been our goal for 88 days now. It’s been a long run. But hopefully we get it done right and begin the cleaning. That’s the most important part. Let’s clean up and get our fishermen back to work.”

Retired Adm. Thad Allen, government’s oil response manager, issued a statement saying that it “remains likely” that sending the oil to containment ships will be the avenue officials decide to pursue after the test, until the relief wells are ready.

The relief wells are expected to be completed in August. The second one serves as a backup to the first.

AP: Gulf awash in 27,000 abandoned wells–a leaking time bomb

By JEFF DONN and MITCH WEISS (AP) – July 7, 2010

More than 27,000 abandoned oil and gas wells lurk in the hard rock beneath the Gulf of Mexico, an environmental minefield that has been ignored for decades. No one — not industry, not government — is checking to see if they are leaking, an Associated Press investigation shows.

The oldest of these wells were abandoned in the late 1940s, raising the prospect that many deteriorating sealing jobs are already failing.

The AP investigation uncovered particular concern with 3,500 of the neglected wells — those characterized in federal government records as “temporarily abandoned.”

Regulations for temporarily abandoned wells require oil companies to present plans to reuse or permanently plug such wells within a year, but the AP found that the rule is routinely circumvented, and that more than 1,000 wells have lingered in that unfinished condition for more than a decade. About three-quarters of temporarily abandoned wells have been left in that status for more than a year, and many since the 1950s and 1960s — eveb though sealing procedures for temporary abandonment are not as stringent as those for permanent closures.

As a forceful reminder of the potential harm, the well beneath BP’s Deepwater Horizon rig was being sealed with cement for temporary abandonment when it blew April 20, leading to one of the worst environmental disasters in the nation’s history. BP alone has abandoned about 600 wells in the Gulf, according to government data.

There’s ample reason for worry about all permanently and temporarily abandoned wells — history shows that at least on land, they often leak. Wells are sealed underwater much as they are on land. And wells on land and in water face similar risk of failure. Plus, records reviewed by the AP show that some offshore wells have failed.

Experts say such wells can repressurize, much like a dormant volcano can awaken. And years of exposure to sea water and underground pressure can cause cementing and piping to corrode and weaken.

“You can have changing geological conditions where a well could be repressurized,” said Andy Radford, a petroleum engineer for the American Petroleum Institute trade group.

Whether a well is permanently or temporarily abandoned, improperly applied or aging cement can crack or shrink, independent petroleum engineers say. “It ages, just like it does on buildings and highways,” said Roger Anderson, a Columbia University petroleum geophysicist who has conducted research on commercial wells.

Despite the likelihood of leaks large and small, though, abandoned wells are typically not inspected by industry or government.

Oil company representatives insist that the seal on a correctly plugged offshore well will last virtually forever.

“It’s in everybody’s interest to do it right,” said Bill Mintz, a spokesman for Apache Corp., which has at least 2,100 abandoned wells in the Gulf, according to government data.

Added spokeswoman Margaret Cooper of Chevron U.S.A., which has at least 2,700 abandoned wells in the Gulf: “It is our experience that the well abandonment process, when performed in accordance with regulation, has been accomplished safely and successfully.”

Greg Rosenstein, a vice president at Superior Energy Services, a New Orleans company that specializes in this work for offshore wells, maintained that properly plugged wells “do not normally degrade.” When pressed, he acknowledged: “There have been a few occasions where wells that have been plugged have to be entered and re-plugged.”

Officials at the U.S. Interior Department, which oversees the agency that regulates federal leases in the Gulf and elsewhere, did not answer repeated questions regarding why there are no inspections of abandoned wells.

State officials estimate that tens of thousands are badly sealed, either because they predate strict regulation or because the operating companies violated rules. Texas alone has plugged more than 21,000 abandoned wells to control pollution, according to the state comptroller’s office.

Offshore, but in state waters, California has resealed scores of its abandoned wells since the 1980s.

In deeper federal waters, though — despite the similarities in how such wells are constructed and how sealing procedures can fail — the official policy is out-of-sight, out-of-mind.

The U.S. Minerals Management Service — the regulatory agency recently renamed the Bureau of Ocean Energy Management, Regulation and Enforcement — relies on rules that have few real teeth. Once an oil company says it will permanently abandon a well, it has one year to complete the job. MMS mandates that work plans be submitted and a report filed afterward.

Unlike California regulators, MMS doesn’t typically inspect the job, instead relying on the paperwork.

The fact there are so many wells that have been classified for decades as temporarily abandoned suggests that paperwork can be shuffled at MMS without any real change beneath the water.

With its weak system of enforcement, MMS imposed fines in a relative handful of cases: just $440,000 on seven companies from 2003-2007 for improper plug-and-abandonment work.

Companies permanently abandon wells when they are no longer useful. Afterward, no one looks methodically for leaks, which can’t easily be detected from the surface anyway. And no one in government or industry goes underwater to inspect, either.

Government regulators and industry officials say abandoned offshore wells are presumed to be properly plugged and are expected to last indefinitely without leaking. Only when pressed do these officials acknowledge the possibility of leaks.

“Once a well is plugged with cement, it’s deemed no longer a risk,” said Eric Kazanis, an MMS petroleum engineer for the Gulf of Mexico. “It’s not supposed to leak.” He said no special financial guarantees are required to assure that repairs can be made if they are needed.

Despite warnings of leaks, government and industry officials have never bothered to assess the extent of the problem, according to an extensive AP review of records and regulations.

That means no one really knows how many abandoned wells are leaking — and how badly.

The AP documented an extensive history of warnings about environmental dangers related to abandoned wells:

_ The General Accountability Office, which investigates for Congress, warned as early as 1994 that leaks from offshore abandoned wells could cause an “environmental disaster,” killing fish, shellfish, mammals and plants. In a lengthy report, GAO pressed for inspections of abandonment jobs, but nothing came of the recommendation.

_ A 2006 Environmental Protection Agency report took notice of the overall issue regarding wells on land: “Historically, well abandonment and plugging have generally not been properly planned, designed and executed.” State officials say many leaks come from wells abandoned in recent decades, when rules supposedly dictated plugging procedures. And repairs are so routine that terms have been coined to describe the work: “replugging” or the “re-abandonment.”

_ A GAO report in 1989 provided a foreboding prognosis about the health of the country’s inland oil and gas wells. The watchdog agency quoted EPA data estimating that up to 17 percent of the nation’s wells on land had been improperly plugged. If that percentage applies to offshore wells, there could be 4,600 badly plugged wells in the Gulf of Mexico alone.

_ According to a 2001 study commissioned by MMS, agency officials were “concerned that some abandoned oil wells in the Gulf may be leaking crude oil.” But nothing came of that warning either. Told of his employer’s supposed worry nearly a decade ago, Kazanis conceded the possibility that sealing jobs “could be bad.”

The study targeted a well 20 miles off Louisiana that had been reported leaking five years after it was plugged and abandoned. The researchers tried unsuccessfully to use satellite radar images to locate the leak.

But John Amos, the geologist who wrote the study, told AP that MMS withheld critical information that could have helped verify if he had pinpointed the problem. “I kind of suspected that this was a project almost designed to fail,” Amos said. He said the agency refused to tell him “how big and widespread a problem” they were dealing with in the Gulf.

Amos is now director of SkyTruth, a nonprofit group that uses satellite imagery to detect environmental problems. He still believes that technology could work on abandoned wells.

MMS, though, hasn’t followed up on the work. And Interior Department spokeswoman Kendra Barkoff said agency inspectors would be present for permanent plugging jobs “only when something unusual is expected.” She also said inspectors would check later “only if there’s a noted leak.” But she did not respond to requests for examples.

Companies may be tempted to skimp on sealing jobs, which are expensive and slow offshore. It would cost the industry at least $3 billion to permanently plug the 10,500 now-active wells and the 3,500 temporarily abandoned ones in the Gulf, according to an AP analysis of MMS data. Many such jobs take more than $200,000 and 10 days. Difficult jobs in deep water can cost several million dollars, and some companies own hundreds of wells.

The AP analysis indicates that more than half of the 50,000 wells ever drilled on federal leases beneath the Gulf have now been abandoned. Some 23,500 are permanently sealed. Another 12,500 wells are plugged on one branch while being allowed to remain active in a different branch.

Government records do not indicate how many temporarily abandoned wells have been returned to service over the years. Federal rules require only an annual review of plans to reuse or permanently seal the 3,500 temporarily abandoned wells, but companies are using this provision to keep the wells in limbo indefinitely.

Petroleum engineers say abandoned offshore wells can fail from faulty work, age and drilling-induced or natural changes below the seabed. Maurice Dusseault, a geologist at the University of Waterloo in Ontario, Canada, says U.S. regulators “assume that once a well is sealed, they’re safe — but that’s not always the case.”

“Many of the wells are leaking because they had been inadequately plugged,” added Dusseault, who co-authored a study in 2000 about why oil wells leak.

Even fully depleted wells can flow again because of fluid or gas injections to stimulate nearby wells or from pressure exerted by underlying aquifers. In a 2007 report, the EPA said of depleted inland wells: “Although no longer producing, these wells still represent significant sources of oil pollution and must be properly plugged.”

“Even though the fields are depleted, you don’t get all the hydrocarbons out,” acknowledged Radford of the petroleum trade group.

Permanently abandoned wells are corked with cement plugs typically 100-200 feet long. They are placed in targeted zones to block the flow of oil or gas. Heavy drilling fluid is added. Offshore, the piping is cut off 15 feet below the sea floor.

Wells are abandoned temporarily for a variety of reasons. The company may be re-evaluating a well’s potential or developing a plan to overcome a drilling problem or damage from a storm. Some owners temporarily abandon wells to await a rise in oil prices.

Since companies may put a temporarily abandoned well back into service, such holes typically will be sealed with fewer plugs, less testing and a metal cap to stop corrosion from sea water. “Remember, the sea water penetrates,” said Iraj Ershaghi, a University of Southern California petroleum engineer who has also worked commercially and for the state of California on regulating offshore wells.

In the Deepwater Horizon blowout, investigators believe the cement may have failed, perhaps never correctly setting deep within the well. Sometimes gas bubbles form as cement hardens, providing an unwanted path for oil or gas to burst through the well and reach the surface.

The other key part of an abandoned wells — the steel pipe liner known as casing — can also rust through over time.

“I’ve seen casing they’ve pulled out of these old wells. It looks like a worm has eaten it,” said petroleum geologist Norman J. Hyne, who owned inland oil and gas wells in the 1980s as a small independent producer.

Any holes, cracks or spaces can open a path for repressurized oil or gas to surge to the surface slowly or, in extreme cases, as a bigger blowout.

Petroleum engineer John Getty, who studies cement properties at Montana Tech, said it is reasonable to expect that some abandoned offshore wells would leak after decades of aging.

At sea, huge blowouts, like the one at BP’s well, would presumably be noticed by nearby rigs or passing ships. But otherwise these environmental violations generally go unnoticed.

MMS personnel do sometimes spot smaller oily patches on the Gulf during flyovers. Operators are also supposed to report any oil sheens they encounter. Typically, though, MMS learns of a leak only when someone spots it by chance.

In the end, the Coast Guard’s Marine Safety Laboratory handles little more than 200 cases of oil pollution each year.

And manager Wayne Gronlund says it’s often impossible to tell leaking wells from natural seeps, where untold thousands of barrels of oil and untold millions of cubic feet of gas escape annually through cracks that permeate the sea floor.

Oily patches are often attributed to natural leaks. A 2002 report by the National Academy of Sciences estimated that 60 percent of the oil in North American waters comes from natural seeps, with most of the remainder from urban runoff, polluted rivers, discharges from boats — and very little from oil drilling operations.

But no industry or government records are kept on oil leaks from abandoned wells. And the academy’s report cautioned: “Even a small amount released at the wrong time or place can have a severe impact.”

Barkoff, the Interior Department spokeswoman, said discussions are under way on possible ways of finding leaks from offshore abandoned wells, including the use of undersea robots.

Without strong federal encouragement, though, few researchers are working on the problem.

The AP National Investigative Team can be reached at investigate(at)ap.org
Special thanks to Richard Charter

Houma Today Opinion: Why Louisiana’s ecosystems should sue BP

http://www.dailycomet.com/article/20100715/ARTICLES/100719641/-1/opinion?p=1&tc=pg

Published in the Houma Today newspaper, Lafourche Parish, Louisiana
July 15, 2010

by Thomas Linzey, Community Environmental Legal Defense Fund

For months, BP’s oil spill has dominated the news.

The blame game between the government and the corporation began mere minutes after the Deepwater Horizon explosion – the corporation blaming the regulators, the regulators blaming the corporation.

Been there, done that.

The only exceptional thing about the finger-pointing is that it isn’t exceptional at all.

Although it’s rarely said out loud, the regulators allow the energy corporations to write their own regulations – and when it becomes too expensive to comply with the regulations, the regulator simply exempts the corporations from them or the corporations simply rewrite the regulations to eliminate the added cost.

In the eyes of the regulators, after all, it’s the energy corporations that are the experts on methods for extracting oil, gas, and coal, not the government.

What gets missed in all of the blather is the recognition that “we the people” can’t protect ourselves through the regulatory system.

In fact, most of us aren’t even awake enough to understand that the regulatory system is used by corporations to legalize practices that would otherwise be harmful and illegal.

It’s not called “permitting” for nothing.

But that’s not the only problem with the way that the system works.

Consider this – for the past 3,000 years, nature and ecosystems have been defined under the law as mere property.

Whether private property – the land that you own; or property owned by government or the public – such as bayous, rivers, or zones of the ocean, nature is still defined as property by the law.

Rights, of course, can’t belong to property – rights belong only to people. That means that when nature and ecosystems are destroyed, courts don’t inquire about how much it would cost to restore those ecosystems back to their undamaged state.

Instead, courts solely examine how much damage has been caused to the people or corporations whose use of that property has now been denied.

Which means that the natural environment (even though it may be the most damaged of all) is invisible to courts and judges.

With the BP spill, the only damage deemed compensable by the legal system is the financial damage caused to those who can’t use the Gulf ecosystem anymore.

But that’s not enough to make the coast of Louisiana whole.

The law has always recognized that damages awarded after an injury should be equal to the cost of remedying the injury.

Compensating fishermen and other businesses is a good and necessary thing, but it doesn’t come close to fixing the mess that has been made of sportsmen’s paradise.

Creating a system that makes ecosystems whole may not be as crazy as it sounds.

In 2009, the people of Ecuador adopted a new constitution recognizing that ecosystems themselves have a right to exist, flourish, and evolve.

Closer to home, over a dozen municipal governments in New Hampshire, Pennsylvania, Maine and Virginia have done the same. Those laws authorize residents to sue to restore damaged ecosystems, which, of course, allows them to depend on those ecosystems once again.

Municipal governments in the coastal regions of Louisiana, Alabama and Florida should consider adopting similar local laws, which would enable those governments and residents to hold BP to a standard well-recognized by the law – that of fixing what you have broken.

Without those laws, these nightmares will repeat themselves over and over again – and once again, we’ll be resigned to watching the oil coat our beaches and destroy the ecosystems upon which our livelihoods depend.

Thomas Linzey is executive director of the Community Environmental Legal Defense Fund, which is based in Chambersburg, Pa.
Special thanks to Richard Charter

News from Committee on Natural Resources: House Panel Approves Comprehensive Energy Bill

Sent: Thursday, July 15, 2010 10:07 AM

FOR IMMEDIATE RELEASE
July 15, 2010

CONTACT:
Blake Androff, 202-226-9019

Washington, D.C. – Capping a decade of investigations and dozens of oversight hearings held on the beleaguered Minerals Management Service, the House Natural Resources Committee today approved landmark comprehensive legislation authored by Chairman Nick J. Rahall (D-WV) to address the Deepwater Horizon oil rig explosion and to implement reforms of America’s federal offshore and onshore oil and gas leasing program.

“While the incident in the Gulf does not signal the end of drilling off America’s coasts, it certainly is a game changer and is proof positive that broad reforms are needed to ensure that oil and gas development on federal lands and waters is done efficiently while protecting human safety and the environment,” said Rahall. “The problems we have identified and addressed in this legislation are not merely the result of one incident, but rather are the product of more than a decade of investigations, hearings, and prior legislative efforts into the pressing need to improve the management of America’s public energy resources.”

The “Consolidated Land, Energy, and Aquatic Resources (CLEAR) Act” (H.R. 3534), approved today by a vote of 27 to 21, was introduced by Rahall on September 8, 2009. As introduced, the bill would make several important changes to current law in an effort to create greater efficiencies, transparency, and accountability in the development of energy resources on federal lands and in the Outer Continental Shelf. In light of the enormous sea change caused by the Deepwater Horizon incident, the updated version of the bill approved by the Committee today includes significant and wide-ranging reforms to ensure that oil and gas development on federal lands and waters is done efficiently while protecting human safety and the environment.

“It’s unfortunate, but as I have said on multiple occasions, every mine safety law we have on the books was penned in the blood of coal miners. It often takes a tragic incident such as the one at the Massey mine or the one in the Gulf of Mexico, both in April, before these lapses in safety laws come to light and are properly addressed,” said Rahall. “Whether it is a coal miner in West Virginia or an oil rig worker in the Gulf of Mexico, I firmly believe that no one should have to risk their life to secure their livelihood.”

The legislation would abolish for good the scandal-ridden Minerals Management Service and divide it into three separate entities: The Bureau of Energy and Resource Management (BERM), to manage leasing & permitting and conduct necessary environmental studies; The Bureau of Safety and Environmental Enforcement (BSEE), to conduct all inspections and investigations related to health, safety and environmental regulations; and The Office of Natural Resource Revenue (ONRR), to collect all offshore and onshore oil and gas and renewable energy-related revenues.

Responding to a recently released Department of the Interior Inspector General investigation that raised serious concerns about the “ease with which [safety inspectors] move between industry and government,” the CLEAR Act contains a strong “revolving door” provision that would broaden the scope of prohibited activities and add a 2-year ban on accepting employment with certain companies. The provision would also add new recusal requirements and provide stricter penalties for violations.

“We need professional, highly-trained inspectors who aren’t just pushing paper and rubberstamping what the industry tells them but rather are out there asking the tough questions and are truly holding these oil companies accountable,” said Rahall. “Too often we find MMS is playing around with – instead of keeping an eye on – the oil operators they are supposed to be regulating. I know a few bad apples tend to taint the bunch, but the Deepwater Horizon is a perfect example of how there is very little room for error when it comes to the safety of these oil rigs.”

The CLEAR Act would also provide mandatory full funding, beginning in 2011, for the Land and Water Conservation Fund (LWCF), the Historic Preservation Fund (HPF), and the Oceans Resources Conservation and Assistance Fund (ORCA).

As the Committee with primary jurisdiction over offshore drilling, the House Natural Resources Committee has led congressional efforts to vigorously investigate the Deepwater Horizon oil rig explosion in the broader context of what it means for future energy development both offshore and onshore. In addition to dozens of oversight hearings held on MMS since becoming Chairman in 2007, Rahall has led the Committee in holding six oversight hearings on the oil rig explosion in the Gulf of Mexico.

A section-by-section summary of the legislation is available on the Committee’s Web site.

-30-

BLAKE J. ANDROFF | Communications Director
Committee on Natural Resources
U.S. House of Representatives
1324 Longworth House Office Building
Washington, D.C. 20515
Phone: 202.226.9019
Fax: 202.226.4631
http://resourcescommittee.house.gov/

Special thanks to Richard Charter

"Be the change you want to see in the world." Mahatma Gandhi