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 January 5, 2005 POGO Letter to Senator Specter regarding recovery of fair compensation for the ongoing devastation created by the 1989 Exxon Valdez oil spill. |
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| January 5, 2005 The Honorable Arlen Specter United States Senate 711 Hart Senate Office Building Washington, DC 20510 Dear Senator Specter: As you consider Alberto Gonzales for Attorney General, The Project On Government Oversight (POGO) would like to draw to your attention an issue that does not appear to have received the consideration it is due from the Department of Justice (DOJ). POGO is a nonpartisan, nonprofit watchdog organization that promotes government accountability and investigates and remedies waste, fraud and abuse in the federal government. There is a looming deadline – the summer of 2006 – after which the government will not be allowed to recover fair compensation for the ongoing devastation created by the 1989 Exxon Valdez oil spill. As a group that promotes accountability, we believe it is imperative that the government demand the same of ExxonMobil Corporation in its settlement with the federal government and state of Alaska to provide the full compensation it agreed to. Although science allows for some long-term predictions of the oil spill’s lasting impact on the environment and wildlife, the full extent and magnitude of the spill’s damage could not have been predicted in 1991, when the United States and Alaska entered into a settlement agreement with the Exxon Corporation. Fortunately, that settlement provides for such unforeseen circumstances with a “Reopener for Unknown Injury” provision, allowing for up to $100 million dollars to be paid by the ExxonMobil Corporation for further restoration projects. (See Attachment A.) The time has come to hold ExxonMobil fully accountable for the extensive environmental desolation leveled by the Exxon Valdez tanker upon Alaska’s once pristine Prince William Sound. The Exxon Valdez spilled more than 11 million gallons of crude oil into the Sound, killing thousands of birds and marine life and sending the ecosystem into lasting turmoil. It is important that the public record reflect what Mr. Gonzales intends to do about this issue, should he be confirmed as our next Attorney General. Damage to commercial fish species after the spill devastated commercial fishing. According to the Exxon Valdez Oil Spill (EVOS) Trustee Council, which is made up of representatives from the federal and Alaskan governments, as well as representatives from fishing, tourism, scientific, and native communities: the recovery status of Rockfish is unknown and will probably not ever be known; the Pacific herring has yet to recover completely, resulting in the repeated closure of the Prince William Sound herring fishery. The commercial fishing industry in Alaska has not yet recovered, affecting the livelihoods of fishermen and the economies of their local communities. Additionally, unanticipated injuries beyond what was expected in 1991 have been acknowledged. For example, the EVOS Trustee Council has listed the Common loon, three species of Cormorants, the Harbor seal, Harlequin duck, Pacific herring and the Pigeon guillemot as “Not Recovering.” Species and resources classified as recovering, but not yet fully recovered, include clams, wilderness areas, intertidal communities, Killer whales (AB pod), Marbled murrelet, mussels, sea otters, and sediments. The Associated Press reported in a November 4, 2004 story that scientists have documented that a particular group of Killer whales, the AT-1 group, has lost 14 of its 22 members over the past fifteen years due to the Exxon Valdez oil spill. Sadly, although much has been done to clean up the Prince William Sound environment, the Exxon Valdez spill still makes itself felt. The EVOS Trustee Council has found that more oil has remained in the environment in a toxic state for a longer period of time than was expected in 1991; the Council says there is still buried oil from the accident. According to Dr. Jeep Rice, a National Oceanic and Atmospheric Association (NOAA) researcher at the Auke Bay Laboratory in Alaska, one need only dig six centimeters below the surface to find concentrated pockets of toxic oil throughout the area, damaging marine life to this day. Wilderness areas have not yet recovered from the spill. The Council regards this type of oil with great concern because it remains concentrated and toxic below the surface. That oil can be disturbed and released into the greater environment by burrowing animals or harsh weather and is therefore an area that deserves further inspection and cleanup efforts. Sea otters, Harlequin ducks and their intertidal prey would most likely fall victim to this buried residual oil. The EVOS Trustee Council cites plans for future studies into the bioavailability of subsurface oil to these creatures. Please keep in mind that the Reopener provision’s terms are conditional and must be executed by the summer of 2006. POGO encourages the government to take a decisive step forward on this issue and compile the evidence and studies that already exist and utilize the Reopener provision. As Mr. Gonzales would head the federal agency with jurisdiction over the Reopener provision, POGO strongly urges you to inquire whether he would encourage DOJ to assertively pursue the Reopener given the wealth of research already compiled by the EVOS Trustee Council. It is POGO’s hope that Mr. Gonzales will review this research and request the full $100 million, as permitted by the Reopener provision to fully restore Prince William Sound, prior to the expiration of the statute of limitations period. Fair compensation for the continuing damage to the Alaskan ecosystem lies in DOJ’s hands. POGO requests that DOJ review this situation immediately and exercise the Reopener provision. Thank you for considering this issue. Please contact me or Scott Amey at (202) 347-1122 if you have any questions. Sincerely, Danielle Brian Executive Director CC: Senator Patrick J. Leahy Home I Archives I Expose I Search I Donations I Investigations I About Us I Contact Us I Press Room
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