Even in the worst days of the BP spill, coastal advocates were looking past the immediate emergency situation that commission on oil spill President called "" the central issue of the recovery of the spill - can or a major event of pollution should guide human énergétiquesressources policies and financing solutions for a systemic tragedy continues?""
This tragedy is the patient and the health of the Gulf of the Mexico decline, including the huge dead zone off the coast from the mouth of the Mississippi and alarming the rapid disappearance of coastal wetlands of Louisiana, approximately 2,000 square miles smaller than 80 years ago. Few here would not agree with the question of the commission, but the answer is far from resolved.
Overshadowed by the uncertain spill environmental impact is the another fallout: the vast in penalties and fines BP will pay the Federal Government. In addition to criminal fines and restitution, BP faces civil responsibilities that roughly into two categories: sanctions of the law on sanitation and the claims of the assessment of the damage of the natural resources of the process, according to which federal agencies and State for damage caused by the spill tally and put a price on her label. This could add up to billions, maybe tens of billions of dollars.
BP is not the only company involved in the Deepwater Horizon accident which could be on the hook for these damages. A bitter legal struggle sign of brewing between the defendants, BP Wednesday sued the creator of the Eruption and the owner of the oil drilling platform, arguing that their negligence led to the spill.
But for people along the Gulf, the question of who pays damages is less important than the desire that they are paid.
Officials and along the coast coastal advocates agree that money could be a huge asset to the Gulf, it would be impossible to obtain the money like that through political channels normal. But it is the only agreement.
Negotiations are underway between the delegation of the Congress of the region on a bill that would follow the recommendation of the presidential commission in the allocation of four-fifths of the Clean Water Act of BP penalties - which can range from $ 5.4 billion to 21 billion - on the coast of the Gulf. Without a separate Act, the money would go to Oil Spill Liability Trust Fund to help pay for future spills. Once the Fund reached $ 2.7 billion, the rest would be in the Treasury.
But while these bills have been proposed in the House and the Senate, gulfwide support of any single invoice remains difficult to achieve. Disagreement remains among the Gulf state legislators on basics like how would be divided into money and could be devoted to. Among the concerns are how that need flexibility States Fund projects not related to the restoration of the ecosystem - representatives of Alabama, for example, have broadcast a desire to construct a convention centre - and that the money would be shared equally between States or allocated based on the environmental impact of the spillin which case Louisiana much would get a larger room.
An agreement between the Gulf the State delegation, of course, does not ensure passage of the Bill through Congress, especially given the pall of austerity which descended on Washington. Donald Boesch, a Professor of marine sciences at the University of Maryland, who was the presidential oil spill Commission, said the political concessions necessary for a gulfwide agreement, such as the flexibility to spend money for economic projects, might deter lawmakers from other States, which would be hesitant to allow money to go to projects which are not directly related to the recovery of oil spills.
Some legislators, said Professor Boesch, were also given to think by ruthless criticism of political leaders in Louisiana of the post-spill of the administration of the Obama regulations. Arguing that the new rules were compromised economy of drilling depending on the State of Louisiana legislators have recently defended bills to the House of representatives that accelerate and perhaps to circumvent Federal offshore drilling leases reviews.
"For many it seems that they ask is to return to the way in which they operated, without recognizing that things have changed," Professor Boesch said in an interview. "" "". You are not ready to take measures to protect the environment, then why you believe that you can take steps to restore the environment? ?
If the political path fails, there is Plan B: the federal authorities could direct a sum of money to the restoration as part of an eventual settlement.
"If no new legislation is passed", David M. Uhlmann, an expert in law of the environment at the University of Michigan, wrote in an e-mail message, "the Ministry of Justice is likely to negotiate for a claim for damages for major natural resources."perhaps even at the expense of sanctions civileset may seek additional funding for the efforts of restoration under any plea agreement criminal or civil consent judgment. ?
This could please environmentalists, as resource natural damages are required by law to be devoted to the restoration, and it could also make happier BP, as the payment of such claims have sound and tax advantages just simply better than sanctions.
But Professor Uhlmann added, "much more would go restoration if Congress takes action."
Like everything else in this spill, the assessment of damage to natural resources, scientifically driven, while is not intact by the policy. A plan of action requires an agreement between the different actors, which has so far been in short supply.
And if money is worked, said Oliver Houck, Professor at the Faculty of law, Tulane specializing in environmental law, then there is no consensus among scientists and officials on how best to fix the most urgent problems Gulf.
"Even if all the dominoes fall right, and none of them are down to the right that you're left with what to do with this money big,"he says." Speaking of the loss of wetlands in Louisiana, he pointed out that the damage was more extensive and recognize more limited than many solutions.
"We better use this money to help people to move people and to move," said Professor Houck "and let take place-natural healing."
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