Bayou La Batre, Alabama
This week, over $600 million in early restoration projects were announced by states in the Gulf of Mexico. This is BP money that is specifically to be used to address the damage caused by the oil disaster. Some of the projects announced this week, like the oyster reef restoration project in Alabama, and many projects in Louisiana, are likely to be supported by the public and to be appropriate uses of Natural Resources Damage Assessment (NRDA) funding. Unfortunately, the public can’t make that determination without access to more information.
We are disappointed to see these projects announced without the inclusion of any sort of environmental or overarching analysis to provide transparency or opportunities for public involvement, not to mention provide the legal basis and policy guidance for addressing the injury caused by the BP Deepwater Horizon oil disaster.
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Restoring the Gulf of Mexico – A brown pelican flies off Elmer’s Island, Louisiana with an oil rig in the background. Photo: Cheryl Gerber
As the likelihood of a settlement in the civil case against BP for the Deepwater Horizon disaster shrinks, here are a few basic facts about what to expect when the big trial kicks off in New Orleans next week as scheduled.
The trial is being handled in three separate phases: (1) the incident phase; (2) the source control/discharge phase; and (3) the final phase addressing oil containment issues like the use of skimmers, dispersant and boom.
Phase One of the trial is scheduled to start this coming Monday, Feb. 25. It’s called the “Trial of Liability, Limitation, Exoneration, and Fault Allocation.” It is a non-jury trial, meaning Judge Barbier is the decisionmaker. It will focus on the lead-up to the disaster and is designed to determine the causes of BP’s well blowout. It should answer the question of gross vs. simple negligence. The United States intends to prove gross negligence or willful misconduct at the Phase One trial. Yesterday, BP issued a statement about its intentions to “vigorously defend” itself against the gross negligence allegations . This is very important for determining the fines for violations of the Clean Water Act, which will in turn influence how much money is available for restoration of the Gulf of Mexico through the RESTORE Act passed last year.
Phase Two will address efforts to stop the flow of oil from the well. The dates for Phases Two and Three of the trial have not been set. We will be keeping a close watch on the proceedings.
Read what we’ve said previously about what a good resolution to this case should look like.
Have you heard that Coast Guard officials recently confirmed an oil slick found in the Gulf of Mexico last week matched oil from the Deepwater Horizon disaster? Indeed, while the BP spill may be a distant memory to some, the Gulf still feels the effects today. The Coast Guard has said the oil slick “does not post a threat to the shoreline,” but it will certainly affect the Gulf’s offshore waters, which are just as vital to the region’s overall health.
In my latest Huffington Post piece, I weigh in on the threats this oil continues to pose in the Gulf and discuss the ways Ocean Conservancy continues to work toward marine restoration in this important area. One project helps point baby turtles back to sea:
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