Today 10 organizations filed suit in federal court in Alaska challenging the Bureau of Safety and Environmental Enforcement鈥檚 approval of Shell Oil Company鈥檚 inadequate oil spill response plans for the Chukchi and Beaufort Seas.
Statement of 爆料公社 President and CEO :
鈥淲hat kind of science says oil goes well with ice? It makes about as much sense as ordering a glass of crude on the rocks. In this case, the government was just plain nuts.鈥
爆料公社 experts are available to discuss the suit, Shell鈥檚 spill response plans, and Arctic resources.
See also: David Yarnold column in
Yarnold Huffington Post 鈥淏ig Oil鈥檚 Arctic Bet: A Fool鈥檚 Risk鈥
Yarnold Letter to the
The plaintiffs in this case are 爆料公社, Alaska Wilderness League, Center for Biological Diversity, Greenpeace, Natural Resources Defense Council, Ocean Conservancy, Oceana, Pacific Environment, REDOIL and Sierra Club. They are represented by Earthjustice.
Full Statement of Coalition
A coalition of conservation organizations filed a lawsuit in Alaska federal court today challenging the federal government鈥檚 approval of Shell Oil Company鈥檚 Chukchi and Beaufort Sea spill response plans.
The plans, approved by the Bureau of Safety and Environmental Enforcement (BSEE), describe how Shell says it will prepare for and respond to a major oil spill caused by exploration drilling in America鈥檚 Arctic Ocean. Shell鈥檚 drill rigs are headed for the Arctic right now and could be in place in a matter of weeks. A decision in this lawsuit would be the first in a challenge to offshore oil spill response plans in the United States.
鈥淲e have been forced to court to make sure the Arctic Ocean is protected and Shell is prepared, as mandated by law. BSEE rubber-stamped plans that rely on unbelievable assumptions, include equipment that has never been tested in Arctic conditions, and ignore the very real possibility that a spill could continue through the winter. The agency has not met minimum legal standards to be sure that Shell鈥檚 plans could be effective and that Shell has sufficient boats, resources, and spill responders to remove a 鈥榳orst-case鈥 oil spill in the Arctic Ocean to the 鈥榤aximum extent practicable.鈥 Even after Deepwater Horizon, Interior Secretary Salazar brushed aside concerns about Shell鈥檚 spill response capabilities, stating recently that 鈥.鈥
鈥淭he American people deserve more. There have been no tests of spill response equipment in US Arctic waters since 2000 and those equipment tests were 鈥榓 failure.鈥 Today, Shell relies on much of that same equipment, and bases its plans on the assumption that it will clean up more than 90 percent of any spilled oil. Even in relatively favorable conditions, less than 10 percent of spilled oil was recovered after the Deepwater Horizon and Exxon Valdez spills. In the Arctic, sea ice, harsh weather, high seas, darkness and wind may render even that level of cleanup impossible.
鈥淲hen pushed to explain this assumption, Shell quickly back-pedaled and said that it will not 鈥榬ecover,鈥 but 鈥 despite the legal requirement to 鈥榬emove鈥 spilled oil and the fact that the company has used the unrealistic 90 percent projection to justify its choice of vessels and other equipment to protect the shoreline. The company similarly appears to be
鈥淪imilarly, BSEE violated the law when it approved spill response plans that do not describe all available spill response resources. For example, Shell has publicly touted its Arctic containment system, but the spill plans approved by BSEE not only do not include that system, but they also fail to explain why Shell expects the system to work in the Arctic Ocean. Nor has the agency ensured that the company is prepared for a late season spill that could continue unabated through the winter. There is a very real possibility that winter sea ice could close in and shut down spill response leaving a blowout uncontrolled for eight or more months.
鈥淏SEE also signed off on the response plans without a basic understanding of the consequences of the spill response choices Shell made. For example, the agency never considered the effects of Shell鈥檚 proposal to apply chemical dispersants in the Arctic Ocean, including threats to fish, birds, and marine mammals, among them the endangered bowhead whale.
鈥淎s this lawsuit moves forward, we will continue to seek opportunities to work with local Arctic communities, governmental entities, industry, and others toward a shared vision for the Arctic, and we will not be distracted or intimidated by aggressive or litigious actions taken by companies like Shell. Nor will we allow them to take shortcuts around established review processes and standards. We cannot allow the future of the Arctic Ocean to be risked on the hope that nothing will go wrong.鈥
Click for a full PDF copy of the complaint.