Deepwater Horizon, the BP oil rig that has been leaking oil into the Gulf of Mexico for the past 19 days, was exempted from environmental review on April 6, 2009 based on a National Environmental Policy Act (NEPA) loophole.
MMS Grants BP Oil Rig a Categorical Exclusion
The Minerals Management Service (MMS) granted the British Petroleum project a “categorical exclusion,” a NEPA loophole that is designed for “minimally intrusive” projects such as outhouses and hiking trails. Without the exclusion, British Petroleum would have been required to produce a report that included a study of the probable damages caused by a blow out or spill.
BP stated in their permit application that a spill was “unlikely,” and claimed that if a spill did occur it would cause “no significant adverse impacts.” The company's optimistic scenario echoes that of the MMS itself, which conducted a study in 2007 of the potential ecological impacts of oil spills in the Gulf of Mexico, and concluded that a deep water spill would not reach the shoreline and would not exceed 4,600 barrels.
On April 20, 2010, a methane bubble entered the pipe of the Deepwater Horizon. It exploded when it reached the rig, rupturing the pipe, causing a massive fire, and killing 11 people. Current estimates of the total release of oil from the Deepwater Horizon to date vary from 75,000 to 300,000 barrels.
Officials Minimize Threat
On April 23, 2010, two days after the explosion, White House Press Secretary Robert Gibbs stated that “The president still continues to believe the great majority of [offshore oil drilling] can be done safely, securely and without any harm to the environment... I don’t honestly think [the disaster] opens up a whole new series of questions, because, you know, in all honesty I doubt this is the first accident that has happened and I doubt it will be the last.”
The MMS website currently states: “On April 20, 2010 while working on an exploratory well approximately 50 miles offshore Louisiana, the semi-submersible drilling rig Deepwater Horizon experienced an explosion and fire. The cause of the incident is under investigation.”
It remains to be seen whether this investigation will include an inquiry into the MMS's own exemption of Deepwater Horizon, and into ties between Secretary of the Interior Ken Salazar and British Petroleum. Salazar, who voted in 2006 to allow offshore drilling in the Gulf of Mexico, has been a historical ally of the oil industry.
As of May 9, 2010, categorical exclusions continue to be granted to drilling projects in the Gulf of Mexico.
More:
- Deepwater Horizon Spill May Be 19 Times Bigger Than BP Reports
- Top Kill Fails to Stop Flow from Deepwater Horizon
- BP May Face Criminal Charges As Oil Continues To Flow
- BP Protests: Is British Petroleum a Culprit or Just a Scapegoat?
Sources
Deepwater Horizon Response: The Official Site of the Deepwater Horizon Unified Command. Deepwaterhorizonresponse.com Accessed May 2010
Gonzalez, Juan. May 7, 2010 “Government Exempted BP from Environmental Review,” Democracy Now, Democracynow.org Accessed May 2010
Kunzelman, Michael and Richard T. Pienciak. May 6, 2010 “Feds Let BP Avoid Filing Blowout Plan for Gulf Rig,” The Washington Post, Washingtonpost.com Accessed May 2010
Minerals Management Service: Categorical Exclusion Reviews mms.gov Accessed May 2010
