Restore the Mississipi River Delta

RESTORE Act passes with House transportation vote, now moves to conference

By Whit Remer, Environmental Defense Fund

Earlier this month, the U.S. House of Representatives included Rep. Steve Scalise’s (R-La.) RESTORE Act amendment in their final version of the Surface Transportation Extension Act. The RESTORE Act is legislation that would dedicate 80 percent of Clean Water Act fines from the BP gulf oil spill towards Gulf Coast restoration. Both the U.S. House and Senate have passed versions of bill.

The House passed the transportation bill by a vote of 293-127, setting up a conference with the Senate. During conference, select members from each chamber will work together to reconcile differences in the bills. Gulf Coast leaders have shown remarkable leadership in advancing the RESTORE Act to this point. Please continue to thank these members for their hard work and let your congressperson know that you want to see the RESTORE Act signed into law this summer.

What does the 90-day transportation bill extension mean for the RESTORE Act?

By Whit Remer, Environmental Defense Fund

With a March 31 deadline quickly approaching, last Thursday (March 29), the U.S. House and Senate passed a 90-day extension to the surface transportation bill. This extension means we will need to continue working hard to ensure the RESTORE Act stays alive and is included in the final version of the bill.

Oiled vegetation in Pass a Loutre, La. May 22, 2010. Credit: NOAA.

The RESTORE Act is legislation that would dedicate 80 percent of Clean Water Act fines from the gulf oil spill toward gulf environmental and economic restoration. Earlier this month, we reported a big win for the RESTORE Act after the Senate approved it as an amendment to their version of a new two-year highway bill. This was an impressive bipartisan win, with 76 senators voting yes on the amendment.

Last week's extension signals that the House did not agree to the terms proposed in the two-year Senate bill. The extension gives the two chambers an extra three months to craft a bill that both the House and Senate can agree on. While nothing is certain during the next three months, it is important to remember all the wins the RESTORE Act has had thus far — wins that both sides will have difficulty forgetting while moving forward on a final version of the transportation bill.

In February, House Rep. Steve Scalise (R-La.) introduced and passed an amendment dedicating 80 percent of expected Clean Water Act penalties from the spill towards gulf restoration. In the Senate, the RESTORE Act passed out of the Environment and Public Works Committee in September, and just weeks ago, the Senate overwhelmingly approved it as an amendment. When Congress begins to put together a long-term transportation bill, they must not forget these important wins.

The RESTORE Act is still alive and well, especially in the minds of Congress and those in the gulf who need it most. Now, perhaps more than ever, we need to encourage Congress to continue fighting for oil spill restoration in the gulf. Without action on the RESTORE Act in the new transportation bill, the Gulf Coast may lose out on desperately needed restoration funding. We must continue to energize the Gulf Coast delegation and let them know how much the RESTORE Act means to the environment and economy of the Gulf Coast.

Dredging Contractors of America sends letter to Congress in support of the RESTORE Act

By Elizabeth Skree, Environmental Defense Fund

Last week, the Dredging Contractors of America (DCA), the national nonprofit trade association for the dredging industry, sent a letter to House leadership in support of the RESTORE Act – legislation that would ensure that oil spill fines are used for gulf restoration.

“The RESTORE Act appropriately allocates 80 percent of the Clean Water Act penalties, as a result of the BP oil spill, to the five Gulf Coast states, and establishes an effective management and financing framework for the economic and ecological recovery for years to come,” says DCA executive director Barry W. Holliday in the letter. “DCA believes that this bill seeks to balance the ecological and economic interests of a comprehensive restoration plan.”

Mechanical dredge. Credit: U.S. Army Corps of Engineers

“We urge you to pass the Transportation Bill that includes the RESTORE Act to ensure that the BP oil spill penalties can be used for ecosystem and economic recovery in those states and communities directly harmed by the worst environmental disaster in U.S. history,” concludes the letter.

The Dredging Contractors of America has been representing the interests of the U.S. dredging and marine construction industry for over 30 years. Its membership includes 11 large dredging companies, 17 small companies and three associate members nationwide. Member companies work on the Pacific, Atlantic and Gulf Coasts, the Great Lakes, inland rivers, Alaska and Hawaii. Their mission is “to improve the quality and responsiveness of dredging service delivery to the Nation, ensuring that America’s ports, waterways, wetlands and beaches are efficiently constructed and maintained in an environmentally sustainable manner using innovative methods and American ingenuity.”

Learn more about DCA on their website: http://www.dredgingcontractors.org/.

Only a piece of the pie: BP settles private claims, still in talks with government

By Whit Remer, Environmental Defense Fund

Earlier this month, news broke that BP had settled its pending court case resulting from the Deepwater Horizon oil spill. Perhaps the most important takeaway is that BP has still not settled its case for environmental violations with the U.S. government.

The gulf oil spill caused disastrous effects on both the economy and environment of the Gulf Coast. The settlement reached addresses the economic and health-related claims brought against BP from private plaintiffs consisting of shrimpers, fishermen, business owners and response workers who lost revue or became sick as a result of the spill.

Presiding Judge Carl Barbier announced that the private plaintiffs had settled their portion of the case for $7.8 billion. While the exact terms of the settlement are not released, we do know that the settlement is uncapped, meaning the amount could grow if it is not found to be sufficient and additional injuries can be proven.

In addition to these private plaintiffs, the government also brought a case against BP for environmental injuries and regulatory violations. It’s been noted by others that BP’s most formidable opponent still remains: the Department of Justice. The government is building its case to prove that BP violated the Clean Water Act (CWA) and other environmental laws during the gulf oil spill. CWA penalties alone could result in $5-20 billion worth of fines against BP. This penalty money will go to the U.S. Treasury for unrelated federal spending, unless Congress takes action.

Recognizing that the fines belong in the region that was harmed, congressional leaders from across the nation have signed onto the RESTORE Act – legislation that would dedicate 80 percent of gulf oil spill fines towards gulf environmental and economic restoration. The House and Senate both have made a decisive commitment, through amendments each recently approved as part of the transportation bill, to restore the Gulf Coast. Now it is time for leaders in both Houses to pass the RESTORE Act as part of the transportation bill as soon as possible.