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Admitting here to confusion as to who should be in charge I did some googling. This article came up in the Huffington Post and here's a quote:
Quote:
If anybody is frustrated with this response, I would tell them their symptoms are normal, because I'm frustrated, too," said Coast Guard Commandant Thad Allen.
"Nobody likes to have a feeling that you can't do something about a very big problem," Allen told The Associated Press Friday.
Still, as simple as it may seem for the government to just take over, the law prevents it, Allen said.
After the 1989 Exxon Valdez spill in Alaska, Congress dictated that oil companies be responsible for dealing with major accidents – including paying for all cleanup – with oversight by federal agencies. Spills on land are overseen by the Environmental Protection Agency, offshore spills by the Coast Guard.
"The basic notion is you hold the responsible party accountable, with regime oversight" from the government, Allen said. "BP has not been relieved of that responsibility, nor have they been relieved for penalties or for oversight."
He and Coast Guard Adm. Mary Landry, the federal onsite coordinator, direct virtually everything BP does in response to the spill – and with a few exceptions have received full cooperation, Allen said.
White House press secretary Robert Gibbs was even more emphatic.
"There's nothing that we think can and should be done that isn't being done. Nothing," Gibbs said Friday during a lengthy, often testy exchange with reporters about the response to the oil disaster.
There are no powers of intervention that the federal government has available but has opted not to use, Gibbs said.
Asked if President Barack Obama had confidence in BP, Gibbs said only: "We are continuing to push BP to do everything that they can."
So the government can't take over it seems. We can just oversee it.
Thanks for posting this info. A caller asked a similar question the other night on CBS news. The feds can only take charge when it's a natural disaster such as an earthquake or hurricane. They have no authority to oversee a man made disaster like the oil spill. Either our laws have to be changed to give the feds more power or we're stuck with a private company in charge.
Thanks for posting this info. A caller asked a similar question the other night on CBS news. The feds can only take charge when it's a natural disaster such as an earthquake or hurricane. They have no authority to oversee a man made disaster like the oil spill. Either our laws have to be changed to give the feds more power or we're stuck with a private company in charge.
Bu bu bu but Obama said he was in control after too long wallowing around not getting things done. I wonder why his people didn't get back with some of the people who tried to suggest things that might work. Both Obama and BP did nothing.
I am pretty sure I know why he can't do anything since this is working so well as a major crisis.
Thanks for posting this info. A caller asked a similar question the other night on CBS news. The feds can only take charge when it's a natural disaster such as an earthquake or hurricane. They have no authority to oversee a man made disaster like the oil spill. Either our laws have to be changed to give the feds more power or we're stuck with a private company in charge.
The government has neither the equipment nor the expertise to actually plug the hole. The government CAN do the best they can to prevent the oil from reaching the shores.
Admitting here to confusion as to who should be in charge I did some googling. This article came up in the Huffington Post and here's a quote:
So the government can't take over it seems. We can just oversee it.
We are at the mercy of BP?
I think the Clean Water Act (http://www.epa.gov/region7/laws_regulations/CWA/section311.htm - broken link) disagrees with this assumption:
(4) The President shall by regulation determine for the purposes of this section those quantities of oil and any hazardous substances the discharge of which may be harmful to the public health or welfare or the environment of the United States, including but not limited to fish, shellfish, wildlife, and public and private property, shorelines, and beaches.
(c) Federal removal authority.
(1) General removal requirement.
(A) The President shall, in accordance with the National Contingency Plan and any appropriate Area Contingency Plan, ensure effective and immediate removal of a discharge, and mitigation or prevention of a substantial threat of a discharge, of oil or a hazardous substance--
(i) into or on the navigable waters;
(ii) on the adjoining shorelines to the navigable waters;
(iii) into or on the waters of the exclusive economic zone; or
(iv) that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States.
(B) In carrying out this paragraph, the President may--
(i) remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time;
(ii) direct or monitor all Federal, State, and private actions to remove a discharge; and
(iii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.
(2) Discharge posing substantial threat to public health or welfare.
(A) If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge.
(B) In carrying out this paragraph, the President may, without regard to any other provision of law governing contracting procedures or employment of personnel by the Federal Government--
(i) remove or arrange for the removal of the discharge, or mitigate or prevent the substantial threat of the discharge; and
(ii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.
(3) Actions in accordance with National Contingency Plan.
(A) Each Federal agency, State, owner or operator, or other person participating in efforts under this subsection shall act in accordance with the National Contingency Plan or as directed by the President.
(B) An owner or operator participating in efforts under this subsection shall act in accordance with the National Contingency Plan and the applicable response plan required under subsection (j), or as directed by the President, except that the owner or operator may deviate from the applicable response plan if the President or the Federal On-Scene Coordinator determines that deviation from the response plan would provide for a more expeditious or effective response to the spill or mitigation of its environmental effects.
(d) National Contingency Plan.
(1) Preparation by President. The President shall prepare and publish a National Contingency Plan for removal of oil and hazardous substances pursuant to this section.
(2) Contents. The National Contingency Plan shall provide for efficient, coordinated, and effective action to minimize damage from oil and hazardous substance discharges, including containment, dispersal, and removal of oil and hazardous substances, and shall include, but not be limited to, the following:
(A) Assignment of duties and responsibilities among Federal departments and agencies in coordination with State and local agencies and port authorities including, but not limited to, water pollution control and conservation and trusteeship of natural resources (including conservation of fish and wildlife).
(B) Identification, procurement, maintenance, and storage of equipment and supplies.
(C) Establishment or designation of Coast Guard strike teams, consisting of--
(i) personnel who shall be trained, prepared, and available to provide necessary services to carry out the National Contingency Plan;
(ii) adequate oil and hazardous substance pollution control equipment and material; and
(iii) a detailed oil and hazardous substance pollution and prevention plan, including measures to protect fisheries and wildlife.
Thanks for posting this info. A caller asked a similar question the other night on CBS news. The feds can only take charge when it's a natural disaster such as an earthquake or hurricane. They have no authority to oversee a man made disaster like the oil spill. Either our laws have to be changed to give the feds more power or we're stuck with a private company in charge.
But that's not what obama said. He said HE was in charge of the spill.
The Oil Pollution Act gives the president the authority and responsibility for seeing to the clean-up.
They76 certainly di take over the Valdez operations. i listened to the man they put in charge of that the other night.They alos have taken over many other disaters such as cleanup innay areas of the country.The EPA is doing it in many plcaes as we type. I fact that is the fustration in their not protecting the coatline better ;sooner. As far as the leak they don't have the expertise to do it.
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