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Music / Musik » alt.fan.frank-zappa » Outrage at Valdez revisited
| Outrage at Valdez revisited [message #283040] |
Di, 06 Juni 2006 21:06 |
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DOJ Fact Sheet on Exxon Valdez Oil Spill Reopener Provision
Jun 01
http://www.breitbart.com/news/2006/06/01/159-06012006.html
To: National Desk
Contact: U.S. Department of Justice, 202-514-2007, 202-514-1888 (TDD)
WASHINGTON, June 1 /U.S. Newswire/ -- The following fact sheet on
"Exxon Valdez Oil Spill Reopener Provision" was released today by the
U.S. Department of Justice:
Joint Federal and State Restoration Plan Under the Reopener for
Unknown Injury Provision of the Exxon Valdez Oil Spill Settlement
Agreement
The United States and the State of Alaska today submitted to
ExxonMobil Corporation a detailed plan for a proposed restoration
project intended to restore habitat in the area affected by the 1989
Exxon Valdez oil spill. Today's restoration plan was submitted in
accord with the requirements of a set of provisions known as the
"Reopener for Unknown Injury" in the consent decree which settled the
governments' civil claims against Exxon Corporation (now ExxonMobil),
the Exxon Shipping Company and the Exxon Pipeline Company arising from
the spill. The project focuses on removing much of the oil that
remains in the environment in a form that is potentially harmful to
natural resources and disruptive of human activities. The federal and
state trustees have been committed to exercising the Reopener
provision if the current science supports the requirements of the
Reopener. This action is the culmination of an extensive assessment by
the governments of the scientific and legal bases for potential claims
under the Reopener.
The Reopener Provision:
-- At the time of the settlement, Exxon agreed to pay the governments
$900 million in installments for costs and for natural resource
damages known or reasonably anticipated at the time of the settlement.
The settlement also included a unique provision allowing the federal
and state trustees to seek up to $100 million in additional monies for
damages satisfying the following criteria:
-- A substantial loss or decline in one or more populations, habitats,
or species in the area of the spill;
1 Resulting from the spill;
2 Where the loss or decline was unknown and could not reasonably have
been anticipated by the governments;
3 One or more projects that would help restore the injured population,
habitat or species; and
4 Whose costs are not grossly disproportionate to its (or their)
benefits.
-- Any demand under the Reopener must be asserted no later than
September 1, 2006, and the governments must provide detailed plans for
any requested restoration project to Exxon at least 90 days before
submitting the demand-by June 2, 2006.
The Proposed Plan:
-- The proposed project has two major objectives: (1) to determine the
locations, approximate amounts, and chemical states of all significant
residual deposits of oil from the spill in the spill area; (2) to
accelerate the natural processes of degradation and dispersal of the
lingering oil, or otherwise restore the oiled sites, to the greatest
extent scientifically appropriate taking into account such factors as
the size and distribution of lingering oil patches, conditions at the
oiled sites, affected natural resources or human uses, and the
relative benefits and costs (including potential adverse effects) of
active remediation. The plan expressly calls for public participation
and outreach at key stages of the process.
-- The ultimate cost of the project depends upon such factors as how
many oiled sites require remediation and the remediation approach
selected. It is currently estimated to cost approximately $92 million.
Background on the Exxon Valdez Oil Spill:
-- The Exxon Valdez oil tanker ran aground on Bligh Reef in Prince
William Sound, Alaska in the early morning hours of March 24, 1989. An
estimated eleven million gallons of crude oil were spilled and
ultimately oiled approximately 1,750 kilometers of shoreline within
the Gulf of Alaska. The oil had devastating effects on marine wildlife
and other natural resources in the spill area and disrupted the lives
of residents of the spill area for many years.
-- The harm caused by the spill was extensive. According to government
scientist estimates, approximately 250,000 marine birds died from
direct exposure to the oil, along with approximately 2,800 sea otters
and numerous harbor seals. Shellfish such as clams and mussels and the
other animals and plants that make up intertidal communities suffered
heavily both from the spill and from some of the cleanup measures. Two
pods of killer whales had extraordinarily high losses in the two years
after the Spill, with oil exposure a strongly suspect factor. Studies
regarding the effects of the spill on many of these species have been
and continue to be conducted under the original agreement.
The Government Settlements:
-- On Oct. 8, 1991, the U.S. District Court in Anchorage accepted
guilty pleas by Exxon Corporation and Exxon Shipping Company to
federal environmental crimes and also approved a civil settlement
resolving claims for past cleanup costs and natural resources damages
with the federal government and Alaska. The criminal plea agreement
called for a $150 million fine, of which $125 million was remitted,
and the payment of $100 million in restitution, divided equally
between the United States and the State. The civil settlement required
Exxon to pay $900 million to both governments over ten years. That
money has been and continues to be used for both short-term and
long-term restoration projects in Prince William Sound and the Gulf of
Alaska, as well as extensive research on the resources. The purpose of
those monies is to rehabilitate and restore the resources known at the
time of the settlements to have been injured.
-- The Trustee Council (formed by the Departments of the Interior,
Agriculture, the National Oceanic and Atmospheric Administration and
the state of Alaska) adopted a formal Restoration Plan for the civil
settlement proceeds in 1994, after an extensive public process. As of
2004, the Trustee Council has remaining $145 million after
expenditures for a wide variety of restoration activities, research
and monitoring of injured resources, and acquisition and protection of
habitat, and damage assessment activities.
-- Today's submission of a plan to ExxonMobil is the first step in
exercising the Reopener provision of the consent decree.
Next Steps:
-- The Reopener allows ExxonMobil 90 days after submission of the
proposed restoration plan before it is required to pay or respond.
This provision ensures a period for negotiations to settle a Reopener
claim without litigation.
--
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