Archive for Federal Policy


Third and Final Phase of the BP Trial Brought to a Close on February 2, 2015

February 9, 2015 | Posted by lbourg in BP Oil Disaster, Clean Water Act, Federal Policy, RESTORE Act

By Will Lindsey 

This is the second post about phase III of trial. To read part I, click here.

The third and final phase of the BP trial ended on Monday, February 2, 2015. Based on the evidence presented in this phase, U.S. District Judge Carl Barbier will decide the Clean Water Act civil penalty that both BP and Anadarko, a 25 percent non-operator in the Macando well, will pay. The United States is seeking the maximum Clean Water Act penalty of up to $13.7 billion from BP and an amount more than $1 billion from Anadarko.

Throughout the trial, Judge Barbier was relatively quiet, occasionally inserting questions or points of clarification. Towards the end of the trial, however, Judge Barbier suggested on numerous occasions that some of the testimony BP was presenting was duplicative. This was especially true during the testimony of a BP exploration & production executive, Richard Morrison. As Mr. Morrison was testifying about the extent of BP’s response efforts after the spill, Judge Barbier interrupted at least twice to suggest that it was testimony that he had already heard from previous witnesses.

Judge Barbier also interrupted during the testimony of one of Anadarko’s witnesses. For its second witness, Anadarko called Kenneth Arnold, an expert in the field of safety in drilling operations. Mr. Arnold testified that requiring additional duties of non-operators, such as Clean Water Act civil penalties, could lead to confusion and ultimately a lower level of safety in drilling operations. This argument aligns with Anadarko’s overall theme – that there was no act committed by Anadarko as a non-operator, and thus assessing a Clean Water Act civil penalty against the company would not serve to deter future behavior. Judge Barbier stepped in here, however, suggesting that a policy argument such as this should be made before Congress and not in the courtroom. Despite allowing Anadarko to proceed with Mr. Arnold’s testimony, Judge Barbier noted that Congress had already clearly decided to make an “owner or operator” liable for discharges under the Clean Water Act.

The United States has several strong arguments weighing in favor of a high Clean Water Act civil penalty. The first is that there were numerous stakeholders involved in the spill response, including the U.S. Coast Guard and a number of federal agencies. Each of these entities expended time, resources and expertise in responding to the spill. Given that one of the factors that Judge Barbier will consider in assessing the civil penalty is the success of efforts to minimize or mitigate the effects of the discharge is, it is important that BP not get credit for the entirety of the spill response actions that were taken, as indeed BP was not responding to the spill in isolation. The second big point weighing in favor of a higher penalty is that lowering the civil penalty based on previously paid penalties, such as criminal penalty assessed against BP, would ultimately dilute the effect of these penalties.

During opening statements, Judge Barbier asked the parties if there was any precedent for requiring that a Clean Water Act civil penalty be paid over a specified amount of time rather than as a single lump sum. The United States indicated that there was at least one such instance in a Clean Water Act suit. This indicates, at least to some degree, that Judge Barbier is considering the option of assessing a high civil penalty against the company.

Due to the enactment of the RESTORE Act, 80 percent of the penalties resulting from this phase will go to the Gulf Coast for restoration. This funding cannot come soon enough given the high price tag that many coastal restoration projects carry with them. Ultimately, the funding stemming from this trial could mean the difference in reversing the trend of coastal wetland loss that has been impacting the gulf coast for decades.

It is unclear when exactly Judge Barbier will come out with a penalty ruling. But recent polling indicates that 70 percent of Americans believe BP should pay the maximum allowed under the Clean Water Act for its role in one of the largest oil spills in American history. It is imperative to both the Gulf and the nation that BP be held fully accountable.

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Phase III, Week 1: Recap of the BP oil spill trial

January 25, 2015 | Posted by lbourg in BP Oil Disaster, Clean Water Act, Federal Policy

By Will Lindsey

The first week of phase III of the BP trial ended on Friday, January 23. During this phase, which is expected to last three weeks, Judge Carl Barbier will determine the amount of Clean Water Act civil penalties that BP must pay for the 2010 Gulf oil disaster.

Phase III comes after two previous phases, the first of which determined that BP was 67 percent responsible for the spill, while phase II determined that 3.19 million barrels of oil were discharged into the Gulf after the oil collected was deducted. Given these findings of fact and conclusions of law, Judge Barbier will now determine what BP will pay. In so determining, Judge Barbier will consider 8 factors laid out in the Clean Water Act for assessing civil penalties, including:

1) the seriousness of the violation or violations,

2) the economic benefit to the violator, if any, resulting from the violation,

3) the degree of culpability involved,

4) any other penalty for the same incident,

5) any history of prior violations,

6) the nature, extent, and degree of success of any efforts to the violator to minimize or mitigate the effects of the discharge,

7) the economic impact of the penalty on the violator, and

8) any other matters as justice may require.

Each side will present extensive evidence, primarily in the form of expert testimony, on most of these factors. The United States will not present new evidence on factors that it contends have already been determined, such as the degree of culpability, which was determined in phase II. In addition, the United States will not present new evidence on the economic benefit to BP of the violations, as it contends that phase I dealt with “BP’s cost-cutting decisions.

However, many of these factors will be adamantly disputed and ultimately a “battle of the experts” will ensue at trial. Each side will attempt to discredit the expert witnesses called by the opposing side. Experts will testify on BP’s ability to pay the maximum penalty, BP’s response efforts, the impact that the spill had on the environment and BP’s economic importance to the Gulf Coast, among other issues.

BP indicated in its opening statement that it will highlight the extent of its response efforts to suggest that impacts were successfully mitigated. It will also highlight the expenditures, both as a result of legal proceedings and otherwise, that it has incurred thus far. The United States will in turn emphasize the fact that response effort successes were a result of efforts carried out by numerous parties and not solely attributable to BP, as it indicated in its opening statement. Additionally, the United States will argue that a reduction of the civil penalties in this proceeding based on other penalties, like the criminal penalty, would mean that BP is effectively not paying these penalties.

Ultimately, the expert reports and testimonies of each side will differ. A clear example can be seen in the expert testimony of Captain Mark VanHaverbeke, who testified that approximately five percent of the oil was removed from the Gulf. He indicated that this estimate is lower than the estimate of BP’s expert, Captain Frank Paskewich, because it does not include oil that was dispersed or burned. Captain VanHaverbeke testified that these two methods do not actually remove the oil from the environment. Captain Paskewich’s estimates included oil that was dispersed and burned.

The Gulf Coast is desperately in need of funding for coastal restoration efforts. The billions of dollars at stake in this litigation could mean great things for coastal restoration efforts in the Gulf Coast. The United States will seek an amount close to the maximum penalty of $13.7 billion.

 

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What is Phase III of the BP Trial?

January 20, 2015 | Posted by lbourg in BP Oil Disaster, Clean Water Act, Federal Policy, RESTORE Act

Phase III of the BP Trial started this week. But what does this mean? Why are there “phases”, and when will this trial end? All good questions.

The BP trial underway is a civil (not criminal) litigation between the U.S. Department of Justice and BP and other parties responsible for the 2010 Gulf oil spill. BP and others are being held accountable for violations of the Clean Water Act for spilling millions of barrels of oil into the Gulf of Mexico. Because of the RESTORE Act, 80 percent of all fines and penalties resulting from this trial will return to the Gulf Coast for restoration.

Before specifically getting to Phase III, let’s recap the earlier phases. The first two phases of the trial dealt with a) who was at fault for the oil spill and to what extent, and b) how much oil spilled into the Gulf of Mexico. In dividing up who was at fault for the Deepwater Horizon explosion and the resulting oil spill, Judge Carl Barbier found that BP was 67 percent responsible, Transocean Ltd. (the owner of the rig) was 30 percent responsible and Halliburton (the cement contractor) was 3 percent responsible.oilslick

In September 2014, Judge Barbier ruled that BP was guilty of “gross negligence” for its actions leading to the blowout, saying BP was making “profit-driven decisions” that led to the rig explosion. In his ruling, he reiterated, “these instances of negligence, taken together, evince an extreme deviation from the standard of care and a conscious disregard of known risks.” Being found guilty of gross negligence means BP could have to pay a fine of up to $4,300 per barrel of oil spilled. Most recently, Judge Barbier ruled that the amount of oil that spilled into the Gulf was 3.19 million barrels. Do the math (3.19 million barrels x $4,300 per barrel), and that means BP could face Clean Water Act fines up to $13.7 billion.

So, what is Phase III? Phase III is about how much BP will actually have to pay. Note that the fine amounts are “up to” $13.7 billion – this phase of the trial essentially determines the “up to.” Specifically, there are eight penalty factors set out in the Clean Water Act that help determine liability. These are judgments of mitigating circumstances that could impact the overall dollar figure that BP owes.

Ok, what’s next after this? Phase III is the final scheduled phase of the trial. At some point following this phase of the trial (and it could be months later), Judge Barbier will rule on how much BP must pay. BP continues to fight every decision, and it has already said it will appeal the ruling of gross negligence, so the courtroom battle could continue. However many observers hope that with all three phases complete, BP will be more inclined to agree to a settlement with the Department of Justice.

With billions of dollars at stake, and the timing of this money potentially coming as soon as this spring or, unfortunately, not for years if BP is able to continue appealing legal decisions, the current BP trial is critical to the fate of coastal restoration.

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Final Phase of BP Oil Spill Trial to Begin Next Week

January 15, 2015 | Posted by Elizabeth Van Cleve in Birds, BP Oil Disaster, Clean Water Act, Media Resources, RESTORE Act, Science, Seafood, Wildlife

Press Statement + Interview Opportunities Available

Contact:
Emily Guidry Schatzel, National Wildlife Federation, 225.253.9781, schatzele@nwf.org
Elizabeth Van Cleve, Environmental Defense Fund, 202.553.2543, evancleve@edf.org
Lauren Bourg, National Audubon Society, 225.776.9838, lbourg@audubon.org

Final Phase of BP Oil Spill Trial to Begin Next Week

BP must be held fully accountable for its role in nation’s largest oil disaster

(New Orleans – January 15, 2015) On Tuesday, January 20, 2015, the third and final phase of the BP oil spill civil trial will begin in New Orleans. This concluding portion of the trial will determine how much BP will be required to pay in Clean Water Act fines for its role in the 2010 Gulf oil disaster.

National and local conservation organizations committed to Mississippi River Delta and Gulf Coast restoration – Environmental Defense Fund, National Wildlife Federation, National Audubon Society and the Lake Pontchartrain Basin Foundation – issued the following statement in advance of Tuesday’s proceedings:

“Nearly five years after the oil disaster, the people and wildlife of the Gulf Coast still wait for justice. For 87 days, BP dumped more than 200 million gallons of oil into our Gulf, contaminating our marshes and beaches and jeopardizing wildlife ranging from brown pelicans to sperm whales. But the oil giant has yet to take full responsibility. BP has dragged out litigation in the courts, challenging every decision only to have each decision against them confirmed by higher courts.

“Despite claims that it would ‘make it right’ in the Gulf, BP has, for the past five years, waged a public relations war focused on blaming everyone else and denying sound scientific research showing ongoing impacts from the oil disaster. The effects of the oil spill are far from over and may not be fully known for years, or even decades, to come.

“Now the court has the opportunity and responsibility to make it right, to hold BP fully accountable for the damage done to the Gulf and to assign the maximum penalty to BP for its gross negligence. The outcome from this decision must send a clear and powerful signal to every other operator in the Gulf: deep-sea drilling is risky business, and they must protect their employees, our communities and our ecosystems. BP chose not to do that, so they deserve to pay the maximum fines allowed by law.

“Through the RESTORE Act of 2012, Congress paved the way for the Gulf’s recovery by ensuring that 80 percent of the Clean Water Act fines BP will pay will be reinvested into Gulf Coast restoration. But that restoration can’t begin until this case is resolved and the legal wrangling ends – and BP remains the principle barrier to much-needed funding going to vital restoration projects.

“Holding BP fully accountable for the 2010 Gulf oil disaster is the fair and right thing to do for the Gulf’s ecosystems and economies. We are hoping, after five long years, that justice is close. The Gulf has waited long enough.”

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Interview Opportunities: Interview opportunities are available with experts in science, policy, wildlife and restoration issues from our national and local conservation organizations.

Mississippi River Delta Restoration Experts:
David Muth, Director for Mississippi River Delta Restoration, National Wildlife Federation
Douglas J. Meffert, D. Env., MBA, Executive Director, National Audubon Society (Audubon Louisiana)
Steve Cochran, Director for Mississippi River Delta Restoration, Environmental Defense Fund

Science:
John A. Lopez, Ph.D., Coastal Scientist, Lake Pontchartrain Basin Foundation
Alisha Renfro, Ph.D., Coastal Scientist, Mississippi River Delta Restoration, National Wildlife Federation
Natalie Peyronnin, Director of Science Policy, Mississippi River Delta Restoration, Environmental Defense Fund

Policy:
Courtney Taylor, Policy Director, Ecosystems Program, Environmental Defense Fund

Background:
Since the BP oil disaster began nearly five years ago, ongoing findings deliver truths omitted by BP’s ads: the oil disaster’s negative effects are increasingly clear, present and far from resolved. Over the past year alone, new research has surfaced:

  • An October 2014 study showed that the Gulf oil disaster left an “oily bathtub ring” the size of Rhode Island on the sea floor.
  • A study by the National Oceanic and Atmospheric Administration (NOAA) detailed how exposure to BP oil can lead to abnormalities including irregular heartbeats and heart attacks in Atlantic bluefin tuna and amberjack.
  • A NOAA study revealed that dolphins exposed to BP oil had increased health problems, including adrenal problems, severe lung disease and reproductive issues.
  • A study in the Proceedings of the National Academy of Sciences definitively linked a community of damaged deep water corals near the Macondo well to the BP oil spill.
  • A Louisiana State University researcher found that the BP oil spill is still killing Louisiana coastal insects.
  • Visible tar balls and tar mats continue to surface, including a 40,000-pound tar mat discovered off the coast of a Louisiana barrier island in June 2013, three years after the start of the oil spill.
  • An infographic depicts ongoing impacts of the Gulf oil disaster.
Deepwater Horizon rig explosion

2010 Deepwater Horizon rig explosion.

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West Maurepas Freshwater Diversion Project

December 5, 2014 | Posted by lbourg in 2012 Coastal Master Plan, Gulf Coast Ecosystem Restoration Council, Natural Resource Damage Assessment (NRDA), RESTORE Act, Water Resources Development Act (WRDA)

Louisiana recently proposed 5 projects to be funded by the initial round of funding from the RESTORE Act.  The West Maurepas Freshwater Diversion project’s objective, also known as the Mississippi River Reintroduction into Maurepas Swamp project, is to restore and enhance the health and sustainability of the Maurepas Swamp through the reintroduction of season Mississippi River inflow. Here’s what we wrote to the Louisiana Coastal Protection and Restoration Authority, in support of the West Maurepas Freshwater Diversion project:

Dear Coastal Protection and Restoration Authority members,

The undersigned groups appreciate the opportunity to share our supporting comments on the River Reintroduction into Maurepas Swamp Project, submitted by the State of Louisiana for RESTORE Council consideration for the first Funded Priorities List of the RESTORE Pot 2 Council-selected projects.

We represent a coalition of conservation interests that have worked for decades to restore a healthy Gulf of Mexico ecosystem – starting with prompt restoration of the Mississippi River Delta – reconnecting the Mississippi River to its delta to protect communities, environment, and economies. Our groups continue to recommend urgent action on projects that will reduce land loss and restore wetlands in the Mississippi River Delta through comprehensive restoration actions that have the potential to provide multiple benefits and services over the long term to the entire Gulf of Mexico.

Most of the necessary restoration actions to be undertaken in Louisiana are already fully authorized under the Water Resources Development Act (WRDA) of 2007, were unanimously approved by the Louisiana legislature in the 2012 Coastal Master Plan, enjoy broad public support, and have been vetted by scientists and lawmakers for many years.

Such is the case with the River Reintroduction into the Maurepas Swamp Project.

The River Reintroduction into Maurepas Swamp Project has long been discussed as an important coastal restoration project: it was featured as a key restoration project in the 1998 “Coast 2050” plan, was further developed in the Coastal Wetlands Planning Protection and Restoration Act (CWPPRA) program with EPA as its sponsor, was included in the LCA (Louisiana Coastal Area) Study (WRDA 2007) and the Louisiana 2007 Coastal Master Plan, and is currently included in Louisiana’s 2012 Coastal Master Plan (named the “West Maurepas Diversion”).

This project would benefit the western Maurepas swamps, the landbridge between Lakes Maurepas and Pontchartrain and the LaBranche wetlands. In addition, this project, in conjunction with the Central Wetlands diversions, will influence the Biloxi Marsh area.

Dominated by bald cypress and water tupelo trees, this swamp complex is one of the largest forested wetlands in the nation. Levees constructed along the river and the closure of Bayou Manchac have isolated the area from spring floods and the vital fresh water, nutrients and sediments that once enhanced the swamp. This isolation has led to a decrease in swamp elevation, that coupled with rising salinities throughout the Pontchartrain Basin have left the swamp in a state of rapid decline – trees are dying and young trees are not regenerating. The River Reintroduction into Maurepas Swamp Project will reconnect the swamps to the river, preventing further loss and the conversion to open water, as well as helping to temper rising salinities throughout the entire Pontchartrain Basin.

Applying funds to the project now, toward completion of the remaining engineering, design, and permitting, will finally take the River Reintroduction into Maurepas Swamp Project to a construction-ready status. And, given its development history, this project would seem a perfect candidate for CPRA to conduct in collaboration with EPA, with some assistance from Corps of Engineers regulatory and restoration teams.

In conclusion, the 2012 Coastal Master Plan data demonstrated that the swamp could be completely lost in a mere two decades. Due to the urgency of getting this project constructed and operating, the below signatories commend Louisiana’s Coastal Protection and Restoration Authority for submitting, and we urge the RESTORE Council to select this project for funding.

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Biloxi Marsh Oyster Reef Restoration Project

| Posted by lbourg in Gulf Coast Ecosystem Restoration Council, Restoration Projects, RESTORE Act, Water Resources Development Act (WRDA)

Louisiana recently proposed 5 projects to be funded by the initial round of funding from the RESTORE Act.  The Biloxi Marsh Oyster Reef Restoration  project, also known as the Biloxi Marsh Living Shoreline project, will construct an oyster barrier reef along the southern and eastern shores of the Biloxi Marsh. This reef will provide a natural protective barrier to reduce the damaging effects of storm surges and provide wave attenuation. Here’s what we wrote to the Louisiana Coastal Protection and Restoration Authority, in support of the Biloxi Marsh Oyster Reef Restoration project:

Dear Coastal Protection and Restoration Authority members,

The undersigned groups appreciate this opportunity to share our collective supporting comments on the Biloxi Marsh Oyster Reef Project, submitted by the State of Louisiana for RESTORE Council consideration for the first Funded Priorities List of the RESTORE Pot 2 Council-selected projects.

We represent a coalition of conservation interests that have worked for decades to restore a healthy Gulf of Mexico ecosystem – starting with prompt restoration of the Mississippi River Delta – reconnecting the Mississippi River to its delta to protect communities, environment, and economies. Our groups continue to recommend urgent action on projects that will reduce land loss and restore wetlands in the Mississippi River Delta through comprehensive restoration actions that have the potential to provide multiple benefits and services over the long term to the entire Gulf of Mexico.

Most of the necessary restoration actions to be undertaken in Louisiana are already fully authorized under the Water Resources Development Act (WRDA) of 2007, were unanimously approved by the Louisiana legislature in the 2012 Coastal Master Plan, enjoy broad public support, and have been vetted by scientists and lawmakers for many years. In the case of the Biloxi Marsh Oyster Reef Project, it has a completed Programmatic EIS and a signed Chief’s Report from the Corps of Engineers.

The Biloxi Marsh platform is relatively stable and enjoys a fairly low rate of subsidence; however, erosion on the marsh edge by wave action has resulted in significant loss of this wetlands habitat over time. Construction of an oyster barrier reef along the southern and eastern shores of the Biloxi Marsh will provide a natural protective barrier to reduce the damaging effects of storm surges and provide wave attenuation. In addition to providing protection against waves, oyster reefs also provide a myriad of ecosystem services including water quality enhancement and benefits to fish populations in both Breton Sound and Mississippi Sound.

Reestablishment of vertical oyster reefs in Biloxi Marsh, in conjunction with the reintroduction of small amounts of river water (River Reintroduction into Maurepas Swamp, Central Wetlands diversions), will help slow marsh deterioration. Additionally, once established, unlike rock and other materials, these reefs are naturally self-maintaining.

Our groups support the development of the Biloxi Marsh Oyster Reef Project—and the concept of living shorelines in general—and commend the selection of this important “line of defense” by the Coastal Protection and Restoration Authority. We look forward to the construction of this project within the next few years as funding becomes available.

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Golden Triangle Marsh Creation Project

December 4, 2014 | Posted by lbourg in Community Resiliency, Gulf Coast Ecosystem Restoration Council, Mississippi River Gulf Outlet, Restoration Projects, Water Resources Development Act (WRDA)

Louisiana recently proposed 5 projects to be funded by the initial round of funding from the RESTORE Act.  The Golden Triangle Marsh Creation  project, located in the Pontchartrain-Maurepas Basin, is designed to restore and protect wetland, fish, and wildlife habitat and help maintain landscape integrity and enhance community resilience.  Here’s what we wrote to the Louisiana Coastal Protection and Restoration Authority, in support of the Golden Triangle Marsh Creation project:

Dear Coastal Protection and Restoration Authority members,

The undersigned groups appreciate this opportunity to share our collective supporting comments on the Golden Triangle Marsh Creation Project, submitted by the State of Louisiana for RESTORE Council consideration for the first Funded Priorities List of the RESTORE Pot 2 Council-selected projects.

We represent a coalition of conservation interests that have worked for decades to restore a healthy Gulf of Mexico ecosystem – starting with prompt restoration of the Mississippi River Delta – reconnecting the Mississippi River to its delta to protect communities, environment, and economies. Our groups continue to recommend urgent action on projects that will reduce land loss and restore wetlands in the Mississippi River Delta through comprehensive restoration actions that have the potential to provide multiple benefits and services over the long term to the entire Gulf of Mexico.

Most of the necessary restoration actions to be undertaken in Louisiana are already fully authorized under the Water Resources Development Act (WRDA) of 2007, were unanimously approved by the Louisiana legislature in the 2012 Coastal Master Plan, enjoy broad public support, and have been vetted by scientists and lawmakers for many years.

The Golden Triangle Marsh Creation Project, located near the confluence of the Mississippi River Gulf Outlet shipping channel and the Gulf Intracoastal Waterway, is in an area badly damaged by the saltwater intrusion and erosion that followed the dredging of the MRGO. The restored marsh will work with a nearby shoreline protection and marsh creation funded by the Coastal Impact Assistance Program (CIAP) to help buffer the newly constructed IHNC Surge Barrier, which is essential to the Greater New Orleans’ flood protection, and will also provide important estuarine habitat for Lake Borgne and Mississippi Sound. The project has undergone technical analysis completed by the Corps and the State of Louisiana through the MRGO Ecosystem Restoration Plan authorized in WRDA 2007. The project has a signed Chief’s Report and a completed Programmatic EIS.

The project is important not only for its obvious marsh creation benefits, but also for the citizens of the area who use the area located so close to the city of New Orleans. This project enjoys much public support and will increase the resilience of surrounding communities. We support the continued development of the Golden Triangle Marsh Creation Project and thank the Coastal Protection and Restoration Authority for submitting it to the RESTORE Council.

 

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West Grand Terre Beach Nourishment & Stabilization Project

December 3, 2014 | Posted by lbourg in Gulf Coast Ecosystem Restoration Council, Restoration Projects, RESTORE Act

“Louisiana recently proposed five projects to be funded by the initial round of funding from the RESTORE ActWest Grand Terre Beach Nourishment & Stabilization Project is part of the larger “Barataria Pass to Sandy Point Barrier Island Restoration,” a project we believe is critical to the Louisiana coast and to the whole Gulf Coast. Here’s what we wrote to the Louisiana Coastal Protection and Restoration Authority, in support of the West Grand Terre project:”

Dear Coastal Protection and Restoration Authority members,

The undersigned groups appreciate this opportunity to share our collective supporting comments on the West Grand Terre Beach Nourishment and Stabilization Project, submitted by the State of Louisiana for RESTORE Council consideration for the first Funded Priorities List of the RESTORE Pot 2 Council-selected projects.

We represent a coalition of conservation interests that have worked for decades to restore a healthy Gulf of Mexico ecosystem – starting with prompt restoration of the Mississippi River Delta – reconnecting the Mississippi River to its delta to protect communities, environment, and economies. Our groups continue to recommend urgent action on projects that will reduce land loss and restore wetlands in the Mississippi River Delta through comprehensive restoration actions that have the potential to provide multiple benefits and services over the long term to the entire Gulf of Mexico.

West Grand Terre Barrier Island is part of the barrier island chain separating the productive and economically important Barataria Bay estuary from the Gulf of Mexico. These islands provide habitat for migratory birds, wildlife, and fish. They also serve as the first line of defense in protecting nearby coastal communities from devastating storm surge as well as protecting the interior coastal habitats of Barataria Bay, which includes bottomland hardwood forests, cypress swamps, marshes ranging from fresh to saltwater, from high energy waves and saltwater intrusion. However, increasing tidal forces caused by ever-growing interior bays, canals, navigation channels, subsidence, wave action and sea level rise have all attributed to the erosion and retreat of these barrier islands. This erosion has led to loss of the island and back marsh habitats and threatened the entire interior Barataria Bay estuarine ecosystem.

The West Grand Terre Beach Nourishment and Marsh Stabilization Project provides the Council with an opportunity to fund one project within a larger effort to restore the Barataria Basin Barrier Shoreline. Other reaches of the shoreline have been or will be funded through state surplus funds, the Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA), Coastal Impact Assistance Program (CIAP) and the National Fish and Wildlife Foundation (NFWF). Together these individual projects will re-establish 2 barrier shorelines critical for protecting nearby communities, will restore important migratory and shore bird habitat and will improve the ecosystem function of the barrier island system, preventing the wholesale loss of the lower Barataria Bay estuary.

Our groups support the development of the West Grand Terre Beach Nourishment and Marsh Stabilization Project. We commend the selection of this important segment of the Barataria Bay Barrier Shoreline by the Coastal Protection and Restoration Authority. We look forward to the construction of this project within the next few years as funding becomes available.

 

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Conservation Organizations Respond to RESTORE Council Release of Gulf Coast Restoration Project Proposals

December 1, 2014 | Posted by Elizabeth Van Cleve in Media Resources, Restoration Projects, RESTORE Act

FOR IMMEDIATE RELEASE

CONTACTS: Elizabeth Van Cleve, Environmental Defense Fund, 202.553.2543, evancleve@edf.org
Emily Guidry Schatzel, National Wildlife Federation, 225.253.9781, schatzele@nwf.org
Lauren Bourg, National Audubon Society, 504.264.6862, lbourg@audubon.org

Conservation Organizations Respond to RESTORE Council Release of Gulf Coast Restoration Project Proposals
Council should select projects that provide maximum benefit to Gulf Coast ecosystem

(New Orleans—December 1, 2014) Today, the Gulf Coast Ecosystem Restoration Council (Council) released its list of project and program proposals to be considered for funding with select penalty money from the 2010 Gulf oil disaster. Council members, representing each of the five Gulf states and six federal agencies, were allowed to submit up to five proposals each for consideration by the Council. National and local conservation organizations committed to Mississippi River Delta and Gulf Coast restoration – Environmental Defense FundNational Wildlife FederationNational Audubon SocietyLake Pontchartrain Basin Foundation and the Coalition to Restore Coastal Louisiana – issued the following statement:

“Now the focus shifts to the decision-making processes of the RESTORE Council.

“As laid out in the RESTORE Act, this is the only portion of RESTORE funds that is specifically required to be spent without regard for state borders and instead for the good of the Gulf. That makes it essential for the Council to ultimately select restoration projects that provide the maximum benefit to the entire Gulf Coast ecosystem. Projects that work together – providing complementary benefits and sustaining one another – will produce the most robust restoration possible with available funds. To achieve that, we encourage the Council to conduct a comprehensive science-based evaluation, including a ranking of the proposals, using the best science available when selecting projects for funding.

“While this round of funding is only a fraction of the total resources that will become available for Gulf Coast restoration, it is imperative that any projects selected work in tandem to provide the biggest bang for our buck. More than four years after the oil disaster, the wildlife, communities and unique habitats of the Mississippi River Delta and Gulf Coast cannot wait any longer for restoration to begin and deserve nothing less than our best efforts, efficient spending of available funding and science-based project selection. This is the RESTORE Council’s best chance to get it right from the start.”

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The Restore the Mississippi River Delta coalition is working to protect people, wildlife and jobs by reconnecting the river with its wetlands. As our region faces the crisis of threatening land loss, we offer science-based solutions through a comprehensive approach to restoration. Composed of conservation, policy, science and outreach experts from Environmental Defense Fund, National Audubon Society, National Wildlife Federation, Coalition to Restore Coastal Louisiana and Lake Pontchartrain Basin Foundation, we are located in New Orleans and Baton Rouge, Louisiana; Washington, D.C.; and around the United States. See more at www.mississippiriverdelta.org.

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Conservation Groups React to Ruling that BP Grossly Negligent in 2010 Oil Disaster

September 4, 2014 | Posted by Ryan Rastegar in BP Oil Disaster, Clean Water Act, Latest News, Media Resources

FOR IMMEDIATE RELEASE

CONTACT:
Emily Guidry Schatzel, National Wildlife Federation, 225.253.9781, schatzele@nwf.org
Elizabeth Skree,
Environmental Defense Fund, 202.553.2543, eskree@edf.org
Erin Greeson,
National Audubon Society, 503.913.8978, egreeson@audubon.org

Conservation Groups React to Ruling that BP Grossly Negligent

in 2010 Oil Disaster

Today’s ruling a vital step toward holding BP accountable, restoring the Gulf

(September 4, 2014 – New Orleans) National and local organizations working on Mississippi River Delta restoration – Environmental Defense FundNational Wildlife FederationNational Audubon Society and the Lake Pontchartrain Basin Foundation – released the following statement:

“More than 4 years after the BP oil disaster, today’s ruling brings hope and justice for the people, wildlife and ecosystems of Louisiana and the Gulf Coast. For 87 days, the Deepwater Horizon well spewed more than 4.1 million barrels of oil into the Gulf of Mexico – because of BP’s egregious conduct. A court of law has confirmed that risky and reckless behavior has consequences. The areas most damaged by the spill cannot wait any longer for restoration to begin. Today’s ruling is a vital step toward holding BP and other parties responsible for the largest oil spill in our nation’s history.”

Protesters gather on the first day of the BP trial in February 2013. Photo credit: Reuters

Protesters gather on the first day of the BP trial in February 2013. Photo credit: Reuters

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