Frustration Mounts As Oil Seeps Into Gulf Wetlands

"The law prevents the government from just taking over", Coast Guard Commandant Thad Allen said. "After the 1989 Exxon Valdez spill in Alaska, Congress dictated that oil companies be responsible for dealing with major accidents – including paying for all cleanup – with oversight by federal agencies".



This is not true.



The Oil Pollution Act of 1990 makes oil companies FINANCIALLY responsible, but in no way requires them to be in charge or even involved in dealing with accidents or clean-up.



Subtitle B alone parks this FUBAR directly at the Oval Office:



Subtitle B: Removal - Amends the Federal Water Pollution Control Act (FWPCA) to require the President to ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of discharge, of oil or hazardous substances into the Exclusive Economic Zone or onto adjoining shorelines or in any way threatening natural resources under exclusive Federal management authorization. Requires the President to direct all Federal, State, and private actions in the event of an actual or potential discharge which is a substantial threat to the public health or welfare. Exempts from liability, with certain exceptions, any person acting pursuant to the National Contingency Plan or as otherwise directed by the President. Requires the Plan to establish procedures for: (1) removing a worst-case discharge or threat; and (2) coordinating the activities of Coast Guard strike teams and specified others. Requires revision and republication of the Plan by a certain date.



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