TRAGIC OIL SPILL AND RESTORATION

In 2010, the Oil Spill in the Gulf of Mexico has been recognized as one
of the worst spills in the American history. The explosion and the
sinking of the oil rig was responsible for the lives of eleven people and
created one of the worlds largest eco-system disasters. By the time
the spill was stopped an estimated 3.19 million barrels of oil ended up
in the ocean. Despite the continuous efforts of both BP, governmental
agencies and numerous volunteer organizations five years later the
ocean is still not oil free. (Gulf Oil Spill)
Federal investigators found that a safety equipment, the blowout
preventer, was responsible for the horrific incident. The blowout
preventer compromises a set of specialized valves used to seal off an
oil well in case of extreme erratic pressures and uncontrolled flow of
hydrocarbons. (What penalties are BP, 2014) The pipe that exploded
buckled because of large pressure difference in the inside and outside
of the pipe. (What penalties are BP, 2014) The blowout preventer
was supposed to seal off the pipe when such pressure difference
occurs, but instead it ended up puncturing it, allowing the oil to leak
into the Gulf of Mexico. (What penalties are BP, 2014)
Legal Remedies
Although it is hard to see a bright side in such an enormous tragedy,
society was fortunate that there was proper legislation enacted that
held BP responsible. Section 311 of the Clean Water Act holds the

company and its officers liable. (Clean Water Act) Pursuant to the Act
anyone responsible for the oil spill is strictly liable for $1,100 per
barrel. Strict liability means that the company will have to pay even if it
was a true accident without any fault by the company or its
employees. However, if there was gross negligence- meaning the
company was really at fault the price goes up to $4,300 per barrel.
(What penalties are BP, 2014)
Was it not for the Restore Act, all the money paid by BP would have
gone to the U.S. Treasury. (The Restore Act) However, Congress
passed the Restore Act following the disaster in 2012. This Act states
that 80% of the money BP is paying as a Clean Water Act violation
penalty has to go to the restoration of the area. The money will first
be put in a trust fund, and afterward, it will be divided according to the
following guidelines (The Restore Act): 30 percent shall be
dedicated for environmental restoration projects in the
comprehensive plan, as determined by the Gulf Coast Ecosystem
Restoration Council. 30 percent divided among the five Gulf states
based on the Oil Spill Impact Allocation Formula. (The Restore Act)
Next, each five Gulf states will receive an addition 7 percent, which
they can use for eligible restoration activities. (The Restore Act)
Finally, 2.5 percent will go to a Gulf Coast fisheries monitoring
program, as well as for the establishment of a Gulf Coast Centers for
Excellence. (The Restore Act)

Sources:
Clean Water Act. EPA. Retrieved from
http://www.epa.gov/region7/public_notices/CWA/section311.htm

Gulf Oil Spill . Ocean Portal. Retrieved from

http://ocean.si.edu/gulf-oil-spill

The Restore Act. The Mississippi River Delta. Retrieved from

http://www.mississippiriverdelta.org/our-work/overview/publicpolicy/clean-water-act-penalties/restore-act/

(2014) What Penalties are BP and Anadarko to Face Under The Clean
Water Act Forbes. Retrieved from
http://www.forbes.com/sites/greatspeculations/2014/06/11/whatpenalties-are-bp-and-anadarko-to-face-under-the-clean-water-act/