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Gulf Oil Spill: Government Regulator Downplayed Environmental Impact Of Spill

First Posted: 08/21/10 01:29 AM ET Updated: 05/25/11 05:20 PM ET

Gulf Oil Spill

This story has been updated

In the wake of the growing environmental catastrophe in the Gulf of Mexico, BP is being blamed for discounting the potential for a massive oil spill and underestimating its effects.

But the federal agency tasked with oversight of offshore oil drilling may be even more responsible for understating the impact of a spill in the environmentally-sensitive area.

In a 2007 environmental impact statement for the Western and Central Planning Area Sales, which includes the Macondo Prospect where the Deepwater Horizon rig exploded on April 20, the Interior Department's Minerals Management Service downplayed the potential for environmental damage. (h/t Professor John Bonine at the University of Oregon School of Law)

In the document which covers oil drilling leases from 2007-2012, MMS assesses the potential impact of oil spills and blowouts on wetlands, marine mammals, commercial fishing, economic impacts, and water quality, among other factors (emphasis mine):

- "Offshore oil spills resulting from a proposed action are not expected to damage significantly any wetlands along the Gulf Coast... Overall, impacts to wetland habitats from an oil spill associated with activities related to a proposed action would be expected to be low and temporary."

- "The effect of proposed-action-related oil spills on commercial fishing is expected to cause less than a 1 percent decrease in standing stocks of any population, commercial fishing efforts, landings, or value of those landings. Any affected commercial fishing activity would recover within 6 months. At the expected level of impact, the resultant influence on commercial fishing activities from a proposed action would be negligible and indistinguishable from variations due to natural causes."

- "Since LWC [loss of well control] events and blowouts are rare events and of short duration, potential impacts to marine water quality are not expected to be significant."

- "Accidental blowouts, oil spills, and spill-response activities resulting from a proposed action have the potential to impact marine mammals in the GOM. Exposure to hydrocarbons persisting in the sea following the dispersal of an oil slick is likely to result in sublethal impacts (e.g., decreased health, reproductive fitness, and longevity; and increased vulnerability to disease) to marine mammals."

- "Non-market effects such as traffic congestion, strains on public services, shortages of commodities or services, and disruptions to the normal patterns of activities or expectations are also expected to occur in the short term. These negative, short-term social and economic consequences of an oil spill are expected to be modest in terms of projected cleanup expenditures and the number of people employed in cleanup and remediation activities."

In response, the state of Louisiana, which is bearing the brunt of the damage caused by the recent disaster, lashed out at the agency for its faulty analysis:

In a January 5, 2007 letter to MMS, the acting assistant secretary of the state Department of Natural Resources's Office of Coastal Restoration and Management, Gerald Duszynski, was scathing in his criticism, slamming the agency for deferring examination of drilling's environmental impact and "masking" the indirect and cumulative effect of offshore oil production:

"As our state repeatedly has stated in the past, Louisiana generally supports the exploration for and development of our nation's domestic energy resources, including oil and gas resources on the Gulf of Mexico OCS, and look forward to continuing to play a critical part in helping meet our nation's energy needs. Indeed, Louisiana has served an important role in encouraging and promoting oil and gas development in the Gulf of Mexico since the first days of leasing in the OCS. Yet, as the State repeatedly has expressed, the long history of OCS oil and gas leasing activity off of Louisiana's coast has significantly affected the State's coastal resources and infrastructure. Recent experience acutely demonstrates that OCS oil and gas leasing activity cannot proceed in a vacuum. It cannot proceed as if Hurricanes Katrina and Rita were simply aberrations. And it cannot proceed in the same manner that it has now for many years, without undertaking a meaningful and accurate analysis of the environmental impacts of the program."

In addition, Duszynski notes:

"Many of these documents appear to be generated by desktop programs, with little or no actual inquiry into the on-the-ground environmental impacts..."

"It underestimates wetland losses attributable to OCS activites. It minimizes the importance of estimated wetland losses, characterizing such losses as "negligible" when they are anything but."

Click here for the full environmental impact statement.

In addition, as HuffPost's Dan Froomkin reports, an Interior Department draft report on the safety of offshore oil production was heavily criticized by National Oceanic & Atmospheric Administration officials, who claimed that it dramatically underestimated the frequency of offshore oil spills and understated the risk and impacts of a spill.

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This story has been updated In the wake of the growing environmental catastrophe in the Gulf of Mexico, BP is being blamed for discounting the potential for a massive oil spill and underestimating it...
This story has been updated In the wake of the growing environmental catastrophe in the Gulf of Mexico, BP is being blamed for discounting the potential for a massive oil spill and underestimating it...
 
 
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COMMUNITY PUNDITS
gino618 10:52 AM on 05/04/2010
"National Oceanic & Atmospheric Administration officials last fall warned the Department of Interior, which regulates offshore oil drilling, that it was dramatically underestimating the frequency of offshore oil spills and was dangerously understating the risk and impacts a major spill would have on coastal residents.....

...But NOAA's views were largely brushed aside as Obama went ahead and  Read More...
04:14 PM on 05/05/2010
thanks for nothing obama

U.S. exempted BP's Gulf of Mexico drilling from environmental impact study

By Juliet Eilperin
Washington Post Staff Writer
Wednesday, May 5, 2010

The Interior Department exempted BP's calamitous Gulf of Mexico drilling operation from a detailed environmental impact analysis last year, according to government documents, after three reviews of the area concluded that a massive oil spill was unlikely.

The decision by the department's Minerals Management Service (MMS) to give BP's lease at Deepwater Horizon a "categorical exclusion" from the National Environmental Policy Act (NEPA) on April 6, 2009 -- and BP's lobbying efforts just 11 days before the explosion to expand those exemptions -- show that neither federal regulators nor the company anticipated an accident of the scale of the one unfolding in the gulf.
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HUFFPOST SUPER USER
morven
09:34 PM on 05/06/2010
So what does President Obama have to do with that. The regulators are holdovers and exemptions were given prior to Obama taking office.

Why don't you just wait with the criticism until after the investigation is completed. The stories change every day.
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09:19 AM on 05/11/2010
Bagger.
10:54 PM on 05/04/2010
Stop poisoning the Gulf.

All of the dispersant being used to break up the oil gushing into the Gulf is toxic! And that’s not the worst thing! Once the oil is dispersed (chemically changed), it changes specific gravity. Crude oil floats on the surface and can be skimmed up. But once dispersed into new compounds, they now float at varied depths, including sinking to the bottom. The skimmer booms won’t work because they don’t go that deep into the water. And the fish will have a much deeper area to avoid.

But the satellite view will be nice.

The only bright side I see to this spill is; this area is already one of the worlds largest “dead zones” caused by all the toxic waste flowing from the Mississippi River for the last 40+ years.
HUFFPOST SUPER USER
gbloodgood
05:58 PM on 05/04/2010
I voted for Obama and I see that the report date was 2007 but let's still put his feet to the fire to make sure he understands that these are unacceptable risks. We need to move beyond oil and into the alternative fuels age NOW! Our lives are at stake here people.
Let's start making our own lifestyle changes today.
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StevieRae
2012 Choice-Oligarchy or a Republic
06:18 PM on 05/04/2010
He's trying. But look at the 57% of Americans who don't believe there's global threat from climate change; the strong resistance against his cap and trade proposal to generate money to pay for alternatives.

The absolute effort to defeat him in every way possible escapes peoples' appreciation that the fight works against all Americans and will ultimately hurt us.
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MidwestHeart
Progressive Ideas Make Life Better For All
05:57 PM on 05/04/2010
Wouldn't it be amazing if this caused us to wake up.
05:57 PM on 05/04/2010
typical - what else can we expect?
05:56 PM on 05/04/2010
How's to all you tree huggers.

There is effectively an oil spill every day at Coal Oil Point (COP), the natural seeps off Santa Barbara where 20 to 25 tons of oil have leaked from the seafloor each day for the last several hundred thousand years. The oil from natural seeps and from man-made spills are both formed from the decay of buried fossil remains that are transformed over millions of years through exposure to heat and pressure.
05:51 PM on 05/04/2010
Obama can't let an oil spill or a car b0mb interfere with his golf game, hiking in north carolina or dinner telling jon stewart's jokes.
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StevieRae
2012 Choice-Oligarchy or a Republic
05:35 PM on 05/04/2010
Dana Bank of the WashPost was so eloquent in his column today: CHECK OUT HOW MUCH MONEY REPUBLICAN SOUTHERN STATES GET BACK FROM THE FEDERAL GOV'T FOR EVERY $$ THEY PAY IN TAXES.

"There is something exquisite about the moment when a conservative decides he needs more government in his life." "Small government Republican leaders quickly came forth
About 10:30 Monday morning, Sen. David Vitter (R-La.), an ardent foe of big government, posted a blog item on his campaign Web site about the huge oil spill in the Gulf of Mexico. "I strongly believe BP is spread too thin," he wrote.

"The poor dears. He thinks it would be a better arrangement if "federal and state officials" would do the dirty work of "protecting and cleaning up the coast" instead of BP."

"About an hour later came word from the Pentagon that Alabama, Florida and Mississippi -- all three governed by men who once considered themselves limited-government conservatives -- want the federal government to mobilize (at taxpayer expense, of course) more National Guard troops to aid in the cleanup."

http://www.washingtonpost.com/wp-dyn/content/article/2010/05/03/AR2010050304265.html?wpisrc=nl_pmheadline
05:20 PM on 05/04/2010
Proof that people don't even listen to environmental whistle blowers.
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HUFFPOST SUPER USER
ZeraLee
A Citizen's View from Main Street
05:16 PM on 05/04/2010
Just what you would expect from a republican administration.
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MidwestHeart
Progressive Ideas Make Life Better For All
05:08 PM on 05/04/2010
Listening to Rachel from last night, in referring to the spill, she accidentally said "spoil". That is a good one: "Spoil, Baby, Spoil".
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05:07 PM on 05/04/2010
I think the dead fish should gathered up for a weekly fish fry that everyone involved should be in required attendance. Oil tainted fish its the future... yum, it tastes like chocolate.
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HUFFPOST SUPER USER
ThomasPaineWeNeedYou
Know history or repeat it.
05:02 PM on 05/04/2010
The question must be asked how will this oil affect evaporation of water vapor from the ocean that fall as rain all over the country, will oil go into the atmosphere with the water vapor are we going to have black toxic rain all over the country and our crops. I want to know. Any scientists out there that would know I suspect but would like knowledge.
04:42 PM on 05/04/2010
"The blame game" makes it sound like BP is shirking their responsibility for the spill. Not so. Every representative for BP has clearly stated that BP will take responsibility for the spill and pay for the clean-up. BP is correct in stating that the oil platform was owned and operated by a Swiss company, not BP, but they have not used this as an excuse to avoid any responsibilities. Headliners to articles such as this one should be a little more truthful
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Yeah-Me
Well... Just who else would I be? Palin?
05:56 PM on 05/04/2010
Yes, TransOceanic should be out there helping to to clean up this mess, and pay reparations.

They are just as culpable in this travesty.
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Punisher703
Sad But True
03:21 PM on 05/04/2010
Yeah, Bush and company had it right - we shouldn't be regulating these oil companies. And government has gotten too large and involved in the oil industry. After all, the invisible hand of the free market will clean up the environmental disaster in the gulf. And restore the hundreds of thousands of fishing and tourism jobs that will be lost along the gulf coast.

Wait a minute...
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HUFFPOST COMMUNITY MODERATOR
just some guy
I used to be younger.
04:07 PM on 05/04/2010
Hundreds of thousands of jobs lost.

Lifestyles lost.

Generations of livlehoods lost.
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HUFFPOST COMMUNITY MODERATOR
just some guy
I used to be younger.
04:16 PM on 05/04/2010
Reminds me of Walmart.