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Following the Exxon Valdez Oil Spill, Congress enacted the Oil Pollution Act of 1990

Obama Can’t Outsource His Incompetence


By —— Bio and Archives--June 21, 2010

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The OPA amended the Federal authority in § 311 to respond to spills. Prior to the OPA, § 311 authorized the President to respond to discharges of oil and hazardous substances, but there was significant latitude for private cleanup efforts by the discharger. The OPA amended §311 to mandate the President to take action to 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.’  The President’s removal authority is primarily carried out through the creation and implementation of facility and response plans.

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Following the Exxon Valdez Oil Spill, Congress enacted the Oil Pollution Act of 1990.  The OPA amended the Clean Water Act (CWA) §311, including changes to spill response authorities.  The language is clear and unambiguous:  the President is mandated to take action to clean up the spill and mitigate or prevent damage to the environment.

Prior to the amendment, the President had “significant latitude” in outsourcing the clean up.  Per the OPA, the President’s removal authority should be carried out through the “creation and implementation of facility and response plans.”

§311 further requires that the President issue regulations “establishing procedures, methods, equipment, and other requirements to prevent discharge of oil and hazardous substances from vessels and facilities and to contain such discharges.”

In other words, the President was required to have extensive plans and procedures in place in the event of a spill.  And if a spill occurred, the President has sole responsibility for the cleanup and environmental protection.

We know that Obama is familiar with this particular federal statute.  In fact, he’s a big fan of expanding it.  He’s ignoring it at the moment, but will embrace it again when it’s time shake BP down again.

The president who had no compunctions about taking over car companies and banks has failed to take responsibility in one case in which he not only has legal authority to do so; but has a federal directive requiring it.

Everything is politicized with this regime.  Blithely overlooking the $77,000 donation Obama received from BP;  Obama’s bestowing of a safety award to BP, and Obama’s boss’s enormous financial stake in the offshore drilling moratorium, the media has appointed BP the official White House Scapegoat.

Not that anyone needs to love BP.  These people need to hire a new PR firm post haste.  There is far too much collusion between the administration and BP, particularly on the issues of regulation and Cap-n-Tax.

Based on the facts we have, we can place the blame for the accident on BP, abetted by the federal government.  Obama failed to have policies and procedures in place that would have at least minimized the damage after the spill.  Two months into it, he has yet to take any constructive action.  He has not waived the Jones Act that would permit foreign experts to bring in assistance.

BP has done a fine job of offering itself up as the whipping boy.  All of the BP haters might want to take a look at their 401 K plans to make sure they are not holding any of the many mutual funds that are invested in BP stock .

Continuing to cast BP as Satan will do nothing but ensure losses to working Americans and allow Obama to get away with yet another bamboozle at our expense.


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Joy Tiz -- Bio and Archives | Comments

Joy Tiz,Joytiz.com, has been quoted by Ann Coulter, as heard on Lou Dobbs radio, The Rusty Humphries Show, Bill Cunningham, KSFO in San Francisco, WOR in New York, Premiere Radio Networks, Air America and other major shows.

Joy was born in Chicago, long enough ago to remember when many democrats were actually normal people who were just wrong about everything. Joy holds a M.Sc. in psychology and a JD in law.  Joy hosts The Joy Tiz Show  Wednesdays at 2 pm Pacific/5 pm Eastern.

 

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