BerkeleyLaw Library

"The United States has laws that make it illegal to harm protected wildlife. Those laws could be used to prosecute those who caused the 2010 oil spill. Perhaps the most famous of these laws is the Endangered Species Act (ESA), which provides for both criminal and civil penalites for acts that harm species listed under the act. The Marine Mammal Protection Act (MMPA) also provides for civil and criminal punishment when an action takes a marine mammal. The Migratory Bird Treaty Act (MBTA) makes it a crime to kill migratory birds.

"While there are endangered species and marine mammals in the area affected by the Gulf of Mexico oil spill, it is more likely that any criminal prosecution would use the MBTA rather than the ESA or the MMPA. This is because the MBTA is a strict liability statute in relevant part, unlike the other laws. Accordingly, the prosecution does not have to show that the defendeant(s) intended to harm wildlife. The prosecution does not have to prove that the defendants knew their action(s) would lead to an oil spill to find liability. The MBTA was used to prosecute Exxon following the Exxon Valdez spill and has been used for decades to find corporations and even their employees criminally liable for the deaths of protected birds."

"Legal Planet, a collaboration between UC Berkeley School of Law and UCLA School of Law, provides insight and analysis on energy and environmental law and policy. The blog draws upon the individual research strengths and vast expertise of the law schools' legal scholars and think tanks."

Includes entries on a range of topics, including the Gulf of Mexico oil spill (see here, here, and here for example).

The Oil Spill Response Plan is a 582-page document that "was developed in order to respond effectively to all emergency incidents that occur in the Gulf of Mexico, and will be utilized in the event of an oil spill occurring in Federal or State waters.

"The purpose of the Plan is to establish procedures, clarify responsibilities, and provide lines of authority and the sequence of communications to be followed in the event of an emergency response. Proper execution of the procedures detailed in this manual will help to limit environmental and ecological damage to sensitive areas as well as minimizing loss or damage to BP facilities in the event of a petroleum release and/or other emergency response incidents." — Purpose and Use.

"The Deepwater Horizon oil spill (also known as the Gulf of Mexico Oil Spill or the BP Oil Spill) is a large ongoing oil spill caused by an explosion on the Deepwater Horizon offshore oil platform about 50 miles southeast of the Mississippi River delta on April 20, 2010... Most of the 126 workers on the platform were safely evacuated, and a search and rescue operation began for 11 missing workers. The Deepwater Horizon sank in about 5,000 feet (1,500 m) of water on April 22, 2010. On April 23, the U.S. Coast Guard suspended the search for missing workers who are all presumed dead...

"The sinking of the platform caused crude oil to gush out of the riser—the 5,000-foot pipe that connects the well at the ocean floor to the drilling platform on the surface. Attempts to shut down the flow, first estimated at about 1,000 barrels of oil a day, failed when a safety device called a blowout preventer could not be activated." — Overview.

"Major energy transitions are accompanied by transformative cultural, economic, demographic, technological, and environmental changes. The transition to fossil fuel-based energy systems powered rapid economic growth and raised living standards, but it also caused pervasive environmental change at local, regional, and global scales, as well as violent conflict over remaining supplies of oil. The fossil fuel transition co-evolved with a culture that places a high value on consumerism and affluence, a lifestyle that requires large amounts of energy to support and generates significant wastes. In our time the depletion of fossil fuels (especially oil), surging energy demand in the developing world, and the need to manage future climate change are driving humanity to the brink of another major energy transition."—About.

Includes daily entires on the Gulf of Mexico oil spill by the numbers.

"RestoretheGulf.gov is the official federal portal for the Deepwater BP oil spill response and recovery. This site provides the public with information on the response, current operations, news and updates, how to file a claim and obtain other assistance, and links to federal, state and local partners."—About Us.

"A Unified Command has been established to manage response operations to the April 20, 2010 'Deepwater Horizon' incident. A Unified Command links the organizations responding to an incident and provides a forum for those organizations to make consensus decisions. This site is maintained by the Unified Command's Joint Information Center (JIC), which provides the public with reliable, timely information about the response."—About Us.

The official site for the Deepwater Horizon Unified Command began transitioning to www.RestoreTheGulf.gov in July 2010. 

"The National Laboratories were convened by the Department of Energy and tasked to begin looking at ways to plug the leak in the Gulf the week of April 26th."

ESRI, a producer of geographic information system technology, has created a number of resources on the Gulf of Mexico oil spill, including

• an interactive social media map that allows users to add YouTube videos, pictures, and other resources,
• a timeline map showing the extent of the spill, and
• an economic impact map showing the percentage of economic activity from affected industries.

"The Florida Department of Environmental Protection (DEP) has been designated the lead state agency for responding to potential impacts of the Deepwater Horizon oil spill along Florida's shoreline. This website will serve as the primary location for updates and information on response actions and impacts to the state of Florida...

"Governor Charlie Crist has made Florida's preparation for possible landfall of the oil spill a top priority. Since Governor Crist's first flyover of the oil spill on Tuewsday, April 27, 2010, he has worked to ensure that Florida is vigilant to take every necessary action to protect the Sunshine State's beaches and the health and well-being of both residents and visitors." — About

"The Gulf of Mexico (GOM) oil spill website, hosted by the four GOM Sea Grant programs, provides visitors with access to a wealth of data concerning the Deepwater Horizon oil spill. Website content will be continually updated, and visitors should check back often for new and revised information."

"On April 20, 2010, an explosion and fire occurred on the Deepwater Horizon drilling rig in the Gulf of Mexico. This resulted in 11 worker fatalities, a massive oil release, and a national response effort in the Gulf of Mexico region by the federal and state governments as well as BP.

"Several issues for Congress have emerged as a result of the Deepwater Horizon incident. What lessons should be drawn from the incident? What technological and regulatory changesmay be needed to met risks peculiar to drilling in deeper water? How should Congress distribute costs associated with a catastrophic oil spill? What interventions may be necessary to ensure recovery of Gulf resources and amenities? What does the Deepwater Horizon incident imply for national energy policy, and the tradeoffs between energy needs, risks of deepwater drilling, and protection of natural resources and amenities?

"This report provides an overview of selected issues related to the Deepwater Horizon incident and is not intended to be comprehensive. It will be updated to reflect emerging issues." — Summary.

"The Exxon Valdez Oil Spill Trustee Council (EVOSTC) is one of ARLIS's eight Founding Partners and has entrusted ARLIS with its extensive collection of materials on the Exxon Valdez oil spill (EVOS). Many of the items in this collection are unique and available only at ARLIS...

"This guide provides links to numerous full-text publications and many more are available through the ARLIS catalog at www.arlis.org."

"Access to potential oil and gas resources under the U.S. Outer Continental Shelf (OCS) continue to be controversial. Moratoria on leasing and development in certain areas were established by Congress (beginning in 1981) and by the President (beginning in 1990). These moratoria were largely eliminated in 2008 and 2009, although a few areas remain legislatively off limits to leasing. The 111th Congress may be unlikely to reinstate broad leasing moratoria, but some members have expressed interest in protecting areas (e.g., the Georges Bank or Northern California) or establishing protective coastal buffers. Pressure to expand oil and gas supplies and protect coastal environments and ecommunities will likely lead Congress and the Administration to consider carefully which areas to keep open to leasing and which to protect from development...

"Consideration of offshore development for any purpose may raise concerns over the protection of the marine and coastal environment. Historical events associated with offshore oil production, such as the large oil spill off the coast of Santa Barbara, CA, in 1969, cause both opponents and prponents of offshore development to consider the risks and to weigh those risks against the economic and social benefits of the development. However, both technology and regulatory oversight have improved since that event. But the recent oil spill that occurred on April 20, 2010, in the Gulf of Mexico has brough increased attention to those offshore drilling risks." — Summary.

"The objective of the MMS bonding program is to ensure that all entities performing activities under the jurisdiction of the MMS provide or demonstrate adequate financial resources to protect the U.S. Government from incurring any financial loss. Each lease in the GOM region is reviewed to ensure the working interest owners have adequate financial coverage to provide for the performance of all lease obligations when the designated operator and/or the lessees cannot fulfill their requirements on rent, royalties, environmental damage, cleanup and restoration activities, abandonment and site clearance, and other lease obligations...

"The purpose of this report is to update the supplemental bond formula in a risk-adjusted manner to more accurately represent the cost and government exposure associated with decommissioning activities."—Executive Summary

"The oil spill in the Gulf of Mexico is the worst spill in U.S. history. It has major environmental and economic effects. It also has the potential to affect human health. Many people have concerns, including:

• Response workers
• Coastal residents
• Visitors to the area
• People who like seafood 

"The sinking of the Deepwater Horizon drilling platform and the resulting discharge of millions of gallons of crude oil into the sea demonstrated graphically the challenge of environmental protection in the ocean waters shared by Cuba and the United States...

"While Washington is working to prevent future disasters in U.S. waters like the Deepwater Horizon, its current policies foreclose the ability to respond effectively to future oil disasters—whether that disaster is caused by companies at work in Cuban waters, or is the result of companies operating in U.S. waters." — Introduction.

Overview of information related to:

• What will happen to a hurricane that runs through this oil slick?
• What will the hurricane do to the oil slick in the Gulf?
• Will the oil slick help or hurt a storm from developing in the Gulf?
• Will the hurricane pull up the oil that is below the surface of the Gulf?
• Have we had experience in the past with hurricanes and oil spills?
• Will there be oil in the rain related to a hurricane?

The official site of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling, formed to provide recommendations on the prevention of future spills from offshore drilling. The Commission consists of seven members, appointed by President Obama: Senator Bob Graham, William K. Reilly, Frances G. Beinecke, Donald Boesch, Terry D. Garcia, Dr. Cherry A. Murray, and Frances Ulmer. See the White House press release for more details on the establishment of the Commission.

Public comments can be submitted via this site.

"As of May 28, 2010, the National Park Service has two incident management teams deployed to respond to potential oil impacts in the Gulf. Additionally, National Park Service employees are supporting the response both at the scene of the oil spill and from across the country as subject matter experts and by providing technical information.

The National Park Service is focused on human safety and resource protection in eight national parks in the Gulf area. These parks are working to assess resources, collect baseline data, coordinate boom plcements, plan for responsible cleanup, install barriers for shore bird and turtle nest protection (during cleanup), and plan for potential park closures, if necessary." — What We're Doing.

"This is the ninth publication that the Minerals Management Service has released chronicling deepwater exploration, development, and production activities in the Gulf of Mexico. For this report deep water is considered to be water depths of 1,000 feet (305 meters) or greater...

"The Minerals Management Service is a responsible steward of U.S. offshore resources by ensuring the receipt of fair market value for the sale of leases, encouraging conservation, evaluating and approving new technology, and regulating drilling and production." — Preface.

"The Oil Spill Academic Task Force (OSATF) is a consortium of scientists and scholars from institutions in the State University System as well as from four of Florida's private universities working in collaboration with the Florida Department of Environmental Protection (DEP). The OSATF brings together expertise and resources to assist the state of Florida and the Gulf region in preparing for and responding to the Deepwater Horizon oil spill.

"Major activities of the OSTAF include:

• Coordination of activities with state and other academic resources in Florida's institutions of higher learning
• Serving as a clearing house of information on faculty research expertise and capabilities for local, state and federal agencies
• Providing a communication conduit for researchers within the task force and throughout the region.
  

This website is designed to provide information on the academic task force, and links to partners and other resources." — OSATF Home Page.

"The law of oil spill liability is a patchwork, built from relatively ancient traditions of maritime law but with a major overlay of modern statutes. It is a mixture of civil liability (at both the federal and state level) and criminal regimes. Different climants with varying types of damage claims are treated differently. While liability is the primary method of preventing spills, significant regulations exist as well, and these regulations influence the liability rules in turn. This complexity is the result of an uneasey compromise between industry interests and legislators motivated by damages from spills. Historically, this compromise has shifted in response to major spills, and is likely to do so again in the wake of the Deepwater Horizon spill."—Introduction.

Coverage of the Gulf of Mexico oil spill aggregated from a variety of sources including: news media sources, government sources, congressional hearings, commercial sources, research and experts, mapping and infographics, and additional sources.

"On March 24, 1989 the oil tanker Exxon Valdez ran aground on Bligh Reef in Prince William Sound, Alaska, spilling an estimated 11 million gallons of crude oil across 1,300 miles of coastline - a catastrophic event that lead to one of the most thorough examinations of the effects of oil on the environment. While the vast majority of the spill area now appears to have recovered, pockets of crude oil remain in some locations, and there is evidence that some damage is continuing.

"The Exxon Valdez Oil Spill (EVOS) Trustee Council was established with funds from the legal settlement between the State of Alaska, the Federal Government and Exxon to develop research, restoration and habitat conservation plans for the spill area. The NMFS Alaska Regional Administrator represents NOAA on the Council and oversees the NMFS Office of Exxon Valdez Oil Spill Damage Assessment and Restoration. The EVOS office administers projects carried out by NMFS researchers and outside contractors, and facilitates research planning and coordination between EVOS projects and other programs." — About NOAA Fisheries' EVOS Office. 

Includes information on the oil spill, research and restoration, and civil settlement documents.

"The deepwater Gulf of Mexico has become an important oil and gas province and, therefore, has experienced a substantial increase in leasing, exploration, development, and production activities. This trend is expected to continue although the remote location, harsh operating environment, new and unusual technologies, different operating procedures, and additional environmental issues present regulator and environmental concerns. Additional information on deepwater-related issues will enhance MMS environmental analyses and assist in management of this lesser known area."

This site includes deepwater NEPA documents and a variety of deepwater environmental publications. 

"Welcome to the Minerals Management Service's Electronic Reading Room, which contains documents related to the BP/Deepwater Horizon Oil Spill that have been cleared for public release...

"Please note that we will be adding to this collection regularly as we continue to process and release documents that have been requested by members of the public and by members of Congress."

"The U.S. Fish and Wildlife Service has sent more than 300 personnel into the Gulf of Mexico region to respond to the BP Oil Spill. We are working with BP and many partners to do everything we can to minimize the impact of the oil spill on fish, wildlife and habitat.

"Our people are preparing for potential oil impact at 33 wildlife refuges that line the ocasts of Louisiana, Mississippi, Alabama and Florida. We are conducting aerial and ground surveys to assess the damage, and recovering oiled or injured wildlife to be cleaned, healed and released in safe locations." — What We are Doing.

U.S. House Committee on Natural Resources page dedicated to the investigation of the Deepwater Horizon oil spill, including links to press releases, hearing videos, and other materials specific to the Deepwater Horizon accident and offshore oil drilling more generally.

"The OWCN is the world's only oiled wildlife response organization boasting more than 25 different members comprised of world-class aquaria, universities, scientific organizations and rehabilitation groups. Established in 1994 by the Department of Fish and Game's Office of Spill Prevention and Response (OSPR) as a result of the Exxon Valdez oil spill in Alaska, it is currently administered by the UC Davis Wildlife Health Center in the School of Veterinary Medicine." — About Us.