Blue Marble - July 2010

Why Are Senate Republicans Running Defense for BP?

—By

| Thu Jul. 1, 2010 1:04 PM PDT

Just how screwed up is the Senate? Well, here's an example. Yesterday Republicans blocked a bill that would grant subpoena power to the oil spill commission President Obama formed to investigate the Deepwater Horizon disaster and make policy recommendations to prevent future drilling calamities.

The House approved its version of the bill almost unanimously last week, with just Rep. Ron Paul (R-Texas) voting against it. Granting the commission this authority is pretty vital; basically, it will allow the commission to obtain documents, compel testimony from witnesses, and otherwise get a hold of necessary information (i.e. do its job.). House sponsor Rep. Lois Capps (D-Calif.) says subpoena power is "absolutely critical to ensuring that BP and other private companies cannot stonewall" the commission. Sen. John Kerry (D-Mass.), one of the Senate sponsors, has argued that without subpoena power "a commission is just window dressing."

But when Sen. Jeanne Shaheen (D-NH) attempted to bring up the bill under unanimous consent yesterday, Jim DeMint (R-SC) blocked it. His spokesman told Politico that DeMint didn't object to it personally. On the floor, the senator said he was objecting "on behalf of other members of the Republican caucus." Who in particular? Well, obviously no one wanted to admit as much.

There you have it: the US Congress, where a bill can be approved 420-1 in the House and then get denied even consideration in the Senate.

This is yet another terrible sign for moving anything in the way of reforms on offshore drilling. Democrats are planning to debate an as-yet-undetermined package of energy, oil-spill, and possibly climate provisions after they return from the July 4 recess. But they will of course need the votes of at least a few Republicans to proceed on any of it. And so far, the Senate can't even move a bill as mundane as the subpoena legislation.

UPDATE: Ah, Greg Sargent just reported that Senate Republicans now say they will stop blocking the subpoena bill. Minority Leader Mitch McConnell's spokesman says they won't object when it is brought up again. They were just blocking it yesterday because they hadn't yet had time to read the bill, according to DeMint's spokesman. Maybe good things can happen in the Senate. But since senators have already gone home for the July 4 recess, we'll have to wait until July 12 for the bill to be offered again.

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Turtle Eggs Get FedExed, BP Gets Sued

—By

| Thu Jul. 1, 2010 11:20 AM PDT

Yesterday, Center for Biological Diversity and Turtle Island Restoration Network* filed their 60-day intent to sue BP over the deaths of endangered sea turtles in during "controlled burns" BP uses to consume oil slicks. Thus far, there have been 275 burns consuming 10 million gallons of oil. The intent to sue got plenty of media attention, but there's another legal action that may change BP's interactions with sea turtles faster. Yesterday, Meyers, Glitzenstein, & Crystal (MG&C) filed for an immediate injunction of BP's controlled burns until wildlife safety can be assured. The injunction says BP is violating the Endangered Species Act with the burns, ("corralling and burning alive endangered and threatened sea turtles") and by doing so, is in also in violation of its lease with MMS and the Outer Continental Shelf Lands Act.

What's interesting is that when MG&C initially filed the complaint yesterday, they only named BP as the defendant. BP's legal team pushed back, noting that they weren't the only ones responsible for the burns: the Coast Guard was liable too. So this morning, MG&C filed an amended complaint (PDF) naming both parties. (See a list of legal documents related to BP here.) It's curious that BP named the Coast Guard as being partially responsible for the burns, when BP seems to be running the entire show down in the Gulf.

BP hasn't been conducting burns this week: rough waves from Hurricane Alex are a safety hazard for smaller boats. But it seems that burning sea turtles alive has been confirmed: the UK Guardian reports that "the Obama administration confirmed" that sea turtles like the endangered Kemp's Ridley are "burnt alive in operations intended to contain oil." There's also new information from Captain Mike Ellis, subject of the controversial video that surfaced earlier this month. He gave written testimony (PDF) in support of the previously mentioned injunction that: 

"On the trip...where approximately 10 endangered turtles were rescued, we were very near multiple burns, and, more importantly, those burns were on the same oil line as the turtles that we were able to rescue. As any marine scientist or professional sea fisherman knows, species of marine animals that are found on one part of an oil line... are very likely to be found going in either direction on that same line... Because BP has refused to let me and other boat captains get close enough to examine the burn boxes prior to igniting the fires, I expect that turtles will continue to be burned."

[Read more]

Get Your MMS Swag While Its Hot

—By

| Thu Jul. 1, 2010 9:16 AM PDT

Among the reforms the Obama administration has underaken at the Department of Interior since the Gulf disaster began was breaking up the problem-plagued Minerals Management Service (MMS) into separate divisions, one for regulation and the other for revenue collection.

MMS also got a shiny (if overly wordy) new name; it's now the "Bureau of Ocean Energy Management, Regulation and Enforcement, or the "BOE" for short (though there is apparently some infighting about the acronym). It's almost as if changing the name could magically solve the division's problems!

The new name now means MMS swag is about to become a collector's item. Public Employees for Environmental Responsibility has a reserve of MMS memorabilia, most of it with a "safety" theme, that it's auctioning off to say good riddance to a department that became legendary for sex, drugs, cozy ties with industry, and extremly lax oversight.

PEER has MMS whistles in both plastic and metal (for whistleblowers, get it?). There's also a "Never Take a Brake from Safety" lunch box (guess someone must have been out to lunch when it came to safety oversight on the Deepwater Horizon). There's also a "Safety Week" flashlight, lanyards, an official 2008 "Safety Week" gym bag, key chains, a pedometer, pens, a laptop bag, and a paper weight with an oil drop logo.

There's even a 1997 MMS Hammer Award, presented by then-Vice President Al Gore in recognition of the agency's Innovative Achievements Program for it's commitment to customer service. The message from Gore reads: “Thanks for building a government that works better and costs less!"

Ah, MMS: Safety endorsed via swag, if not actual agency policy. I'm glad PEER has preserved this kitsch for posterity.

Video: Should Offshore Drilling Be Banned?

Thu Jul. 1, 2010 3:00 AM PDT

Should offshore drilling be banned? Need to Know’s Jon Meacham asked Lisa Margonelli, who writes about the global culture and economy of energy, at Monday’s TEDx Oil Spill conference.

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