By Jordan Davidson | EcoWatch
The devastation to lives and homes caused by Hurricane Katrina masked a massive crude oil spill that the hurricane caused by damaging rigs and storage tanks in the Gulf of Mexico. The damage was made worse a few weeks later when Hurricane Rita struck the area. The federal regulators that oversee oil and gas operation in the Gulf estimated that more than 400 pipelines and 100 drilling platforms were damaged, leading to 10.8 million gallons of crude oil spilling into the Gulf — the same amount as the Exxon Valdez oil spill.
Now, 14 years later, not one assessment of the damage to natural resources has been carried out. There is no plan to help restore impacted ecosystems. And not one of the 140 responsible parties has faced a fine or even a citation, according to an exclusive investigation by ProPublica, The Times-Picayune and The Advocate.
Instead of having to pay fines, the companies whose oil spilled into the water have actually been reimbursed $19 million from a federal trust for the oil they lost, claiming that the spills and damage were caused by an “unforeseeable act of God,” according to the review by ProPublica and its partners.
The Act of God defense holds a lot of weight in Louisiana. Adam Babich, former director of the Tulane Environmental Law Clinic, told the journalists at ProPublica and its partners that while the act of God defense does not usually release oil companies from liability, it does weaken arguments to hold them accountable.
“We don't normally penalize [companies] for act of God events,” said Greg Langley of the Department of Environmental Quality to ProPublica, The Times-Picayune and The Advocate.”We just get right to remediation.”
The full scale of the damage may never be fully understood without a comprehensive review and assessment. Even a tiny amount of spilled crude oil has a devastating impact and damages coastline that protects inland areas from storms.
The oil that seeps into the marshes affects worms and snails, which are eaten by birds and fish. Marsh plants begin to die, which allows saltwater to eat away at the coastline. That allows the next storm to push further inland, according to Darryl Malek-Wiley, an organizer with the Sierra Club, who spoke to the ProPublica investigation.
