Opinions

Alaska, feds wrong to let Exxon skate on $100 million oil spill reopener

I am very disappointed with the governments' decision to drop the Exxon Valdez reopener case. The amount of lingering oil contaminating the intertidal shorelines of the areas hardest hit in Prince William Sound and the southern Kenai Peninsula in 1989 should have been sufficient unanticipated damage to have justified the reopener clause. Government research estimates put the remaining oil in Prince William Sound alone at more than 20,000 gallons.

The state of Alaska is now left with hundreds of sites contaminated with toxic crude oil. Granted, it makes up a very small portion of the overall area of Prince William Sound and for the most part is buried. But much of the lingering oil is very shallow and in turn easily able to reenter the food chain as a result of disturbance from storms and animal foraging. Some locations actually still have surface oil giving off a sheen even when undisturbed. One more year of well-directed cleanup back in 1992 would have taken care of it but Exxon was able to push the unsubstantiated claim that in just a few years Mother Nature would take care of the lingering oil they were leaving behind.

Two decades later and it is still there and it is still toxic. Leaving the lingering oil to disappear on its own will take decades. It diminishes the overall quality of the Chugach National Forest in Prince William Sound and of Kenai Fjords National Park on the southern Kenai Peninsula.

I am able to find lingering oil by turning over a rock with one hand, digging through a few inches of sediments with a tablespoon. At one location I can just look back to see an oil sheen develop in the impression of my footprint left in the mud. At some locations I do have to remove some larger rocks, easily done with two hands, and then dig a little with a garden shovel. At some sites I may have to dig a foot or two down. Other sites I can see the lingering oil at the surface. Heavy equipment is not needed.

In 1990 I worked a cleanup project going after small pockets of lingering oil near salmon streams through the state's Local Response Program. We only used hand tools and utilized booms to be sure any released oil was contained and recovered. It was very effective. I go back to the locations we worked and cannot find any lingering oil. But lawyers thought that what was needed to make the argument for the reopener in relation to lingering oil was to test the effectiveness of new and expensive technology with big equipment and excessive infrastructure. Failure was inevitable.

If you or I had a spill from our home fuel tank that contaminated the soil we would be forced to completely clean it up at great expense. Small businesses can go bankrupt cleaning up contaminated soils. You and I would not be given the option of letting fuel break down over time. But the most profitable entity in the known universe is allowed to walk away with our state and federal governments walking hand in hand with them.

The reopener money should be paid and put into a separate fund to allow any group to submit proposals for small cleanup and direct restoration efforts. Many creative groups and individuals out there have not had the opportunity through the present process managed by the Exxon Valdez Oil Spill Trustee Council. We could create something similar to the Local Response Program that then-Gov. Steve Cowper put in place in 1989. With oversight and meeting quality standards, one contaminated site at a time could be cleaned up and the area may be made whole within our lifetime.

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Life flourishes in Prince William Sound with record salmon runs, growing populations of humpback whales, birds, seals, sea lions, sea otters, rich intertidal areas, forage fish, plankton, world-renowned scenery and recreation opportunities, commercial and sport fisheries.

But some families of orca whales have not recovered since their losses from the Exxon Valdez oil spill. One family group of killer whale is on its way to extinction. The herring in Prince William Sound have not recovered from a population crash soon after the spill. Portions of some shorelines are contaminated with toxic crude oil. Human losses are still felt due to the impacts and losses to traditional Native lifestyles, the loss of the herring fisheries, lack of recognition or help for workers exposed to toxic oil and response chemicals during cleanup. The state and federal governments have been negligent in not identifying or cleaning up contaminated sites that people should not forage for clams or other natural foods at.

So to hear the Alaska attorney general say that everything is fine and that they did a good job is very upsetting.

The oil industry has spied on Alaskans, manipulated research on the impacts of the Exxon Valdez oil spill and air quality in Port Valdez, lied to the world about climate change and is again manipulating our governments to its own benefit.

The state and federal governments need to reconsider their recent decision and follow through with the original agreement.

David Janka lives in Cordova. His familiarity with Prince William Sound began in 1976 during work as field research technician, and he now runs a charter boat service. In 1989, he was caretaking a remote camp on Glacier Island, 8 miles from Bligh Reef, on the day the Exxon Valdez ran hard aground.

The views expressed here are the writer's own and are not necessarily endorsed by Alaska Dispatch News, which welcomes a broad range of viewpoints. To submit a piece for consideration, email commentary@alaskadispatch.com.

David Janka

David Janka is a charter boat operatior in Prince William Sound.

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