The Federal On-Scene Coordinator's Role in the Exxon Valdez Oil Spill1

1991 ◽  
Vol 1991 (1) ◽  
pp. 325-331
Author(s):  
R. Adm. D. E. Ciancaglini
Keyword(s):  
Due Process ◽  
The United States ◽  
Federal Agencies ◽  
Private Land ◽  
Exxon Valdez ◽  
Land Owners ◽  
Federal Authority ◽  
Oil Spill Response ◽  
National Significance

ABSTRACT On March 24, 1989, the role of the federal on-scene coordinator took on its greatest challenge when the tank vessel Exxon Valdez grounded on Bligh Reef. The vessel discharged 11 million gallons of crude oil into Prince William Sound. The oil eventually spread over a 600-mile area, fouling the shorelines and waters of some of the most pristine and unforgiving coastal areas of the United States. The Exxon Valdez spill quickly developed into a spill of national significance. Its overwhelming size required the mobilization of hundreds of vessels, aircraft, and a large variety of oil spill response equipment operated, managed, and monitored by more than 12,000 industry and agency personnel. The duration of the response (which is still proceeding) required the federal on-scene coordinator (FOSC) to develop an organization to address the operational challenges; the concerns of federal agencies, the state, native Alakans, communities, and private land owners; and the challenges created by the intense political and media interest. The OSC organization which evolved over the course of the response was based on federal authority and incorporated a decision-making process that ensured that “environmental due process” was provided.

By Executive Order

2021 ◽  
Author(s):  
Andrew Rudalevige
Keyword(s):  
United States ◽  
Chief Executive ◽  
The United States ◽  
Executive Branch ◽  
Federal Agencies ◽  
Presidential Power ◽  
Executive Order ◽  
Personal Power ◽  
Executive Orders

The president of the United States is commonly thought to wield extraordinary personal power through the issuance of executive orders. In fact, the vast majority of such orders are proposed by federal agencies and shaped by negotiations that span the executive branch. This book provides the first comprehensive look at how presidential directives are written — and by whom. The book examines more than five hundred executive orders from the 1930s to today — as well as more than two hundred others negotiated but never issued — shedding vital new light on the multilateral process of drafting supposedly unilateral directives. The book draws on a wealth of archival evidence from the Office of Management and Budget and presidential libraries as well as original interviews to show how the crafting of orders requires widespread consultation and compromise with a formidable bureaucracy. It explains the key role of management in the presidential skill set, detailing how bureaucratic resistance can stall and even prevent actions the chief executive desires, and how presidents must bargain with the bureaucracy even when they seek to act unilaterally. Challenging popular conceptions about the scope of presidential power, the book reveals how the executive branch holds the power to both enact and constrain the president's will.

6 Extraterritorial Application of U.S. Law

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Due Process ◽  
The United States ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Habeas Corpus ◽  
State Laws ◽  
Guantanamo Bay ◽  
The Supreme Court ◽  
The Right

This chapter considers the application of federal and state law to conduct that takes place outside the territory of the United States. It begins by discussing the territorial scope of U.S. constitutional rights. Special consideration is given to the extraterritorial application of the right of habeas corpus in light of the Supreme Court’s 2008 decision in Boumediene v. Bush, concerning the habeas corpus rights of detainees at the Guantanamo Bay naval base in Cuba. The chapter then discusses the “presumption against extraterritoriality” that the Supreme Court applies when interpreting federal statutes. For situations in which the presumption is overcome or is inapplicable, the chapter explains how customary international law principles relating to prescriptive jurisdiction can be relevant in U.S. litigation through application of the Charming Betsy canon of construction. In addition, the chapter discusses the role of “universal jurisdiction” in U.S. litigation and criminal prosecution. Possible constitutional limitations on the extraterritorial application of both federal statutes and state laws, based on due process and other considerations, are also considered.

ESA Section 7: Time for a Refresh in the Pre-Spill Planning Consultation Process

2017 ◽  
Vol 2017 (1) ◽  
pp. 173-192
Author(s):  
Stacey L. Crecy ◽  
Melissa E. Perera ◽  
Elizabeth J. Petras ◽  
John A. Tarpley
Keyword(s):  
Endangered Species ◽  
Oil Spill ◽  
Environmental Protection Agency ◽  
The United States ◽  
Federal Agencies ◽  
Coast Guard ◽  
Service Agency ◽  
Consultation Process ◽  
Oil Spill Response ◽  
The U.S

ABSTRACT #2017-373 Federal agencies involved in oil spill response in the U.S. are required to comply with several environmental compliance laws. Where a Federal agency is operating in a way that may affect endangered species in the area, Section 7 of the Endangered Species Act (ESA) requires the agency to “consult” with the two Federal agencies responsible for protecting those species and habitats – the National Marine Fisheries Service (NMFS) and the United States Fish and Wildlife Service (USFWS). Following the Deepwater Horizon oil spill, nonprofit organizations filed several lawsuits against the U.S. Coast Guard (USCG) and the Environmental Protection Agency (EPA) (the “Action Agencies”) for failure to comply with the ESA during oil spill contingency planning. In one case, a settlement required the Action Agencies to consult with the NMFS and USFWS (together, called the “Services”) on the plan to use oil spill dispersants in California waters. Perhaps responding to these developments, several Regional Response Teams across the country initiated or made plans to review the status of their ESA Section 7 consultations. These efforts have varied in cost, scope, composition of agency representatives involved, and success in completing a consultation for a variety of reasons. There have been numerous challenges for USCG and EPA in meeting the ESA Section 7 consultation requirements for oil spill planning. First, the most recent framework for cooperation between the Action Agencies and the Services regarding consulting on oil spill planning and response activities is contained in an Interagency Memorandum of Agreement (MOA) signed in 2001. Although the agreement is still valid, some parts have been identified as outdated or in need of clarification. Secondly, there are no direct funding mechanisms or dedicated personnel assigned to the Action Agencies to work on pre-spill ESA Section 7 consultations. Third, recommendations and consultation outcomes can vary between Service agencies as well as internally within each Service agency due to a high level of regional autonomy. In 2015, the National Response Team (NRT) formed a new, interagency subcommittee to improve the Federal Action Agencies’ ability to comply with environmental laws such as the ESA with respect to oil spill response and pre-spill planning. A workgroup of the NRT Subcommittee was formed to specifically address pre-spill ESA Section 7 consultation processes. The workgroup includes regional and national representatives from the Action Agencies and the Services. In addition to strengthening relationships and understanding among the participating agencies, the workgroup has identified gaps in the 2001 MOA and is in the process of developing tools and templates on how to conduct pre-spill ESA Section 7 consultations to help fill some of the existing gaps. The workgroup ultimately hopes to facilitate the development of updated, complete, efficient, and consistent ESA Section 7 consultations across the nation.

Addressing the Uncertainty and Requirements for Oil Spill Response Consultations

2014 ◽  
Vol 2014 (1) ◽  
pp. 1881-1898 ◽  
Author(s):  
Bradford Benggio ◽  
Debra Scholz ◽  
Dave Anderson ◽  
Joseph Dillon ◽  
Greg Masson ◽  
...  
Keyword(s):  
Native American ◽  
Oil Spill ◽  
The United States ◽  
Federal Agencies ◽  
Hazardous Substances ◽  
Federal State ◽  
Consultation Process ◽  
Planning Stage ◽  
Response Planning ◽  
Oil Spill Response

ABSTRACT In the United States (U.S.), oil spill response planning, preparedness, and response requirements are dictated primarily by the National Oil and Hazardous Substances Pollution Contingency Plan, a regulation that implements the Oil Pollution Act of 1990, the Clean Water Act, and the Comprehensive Environmental Response, Compensation and Liability Act. At the planning stage, these regulations require the development of national, regional, and local response capabilities and promote overall coordination among responders. During a spill, these capabilities are utilized by the Federal On-Scene Coordinator (FOSC) to analyze whether response actions are likely to impact protected resources. The consultation process required under Federal statutes, charges the FOSC to consult with Federal, state, Tribal entities, and other Federal agencies to determine potential effects of response actions during an incident and to develop strategies to avoid, minimize, and mitigate those effects (40 CFR § 300.135(j); § 300.305(e); and § 300.322(a), 1994). Consultations should continue until response operations are concluded and may continue after operations are complete. Four key regulatory mandates that require an FOSC to initiate consultation during a response include:Endangered Species Act of 1973, as amended requires consultation with US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) on federally listed species and designated critical habitats;Magnuson-Stevens Act requires consultation with NMFS on any action that may affect Essential Fish Habitats;National Historic Preservation Act of 1966, as amended requires Federal agencies to consult with states, federally recognized tribes, and other stakeholders on potential impacts to historic and cultural resources; andTribal Consultations under Executive Order 13175 – Consultation and Coordination with Indian Tribal Governments when federally recognized Indian Tribes and their interests are affected by a response. Consultation is also required under the Native American Graves Protection and Repatriation Act when Native American burial sites, human remains, funerary objects, sacred objects, or items of cultural patrimony are identified on Federal or Tribal lands during a response and no pre-consultation plan of action has been developed.1 Consultation requirements are not universally understood, leading to uncertainty and inconsistencies across the response community and Trustees regarding when to initiate and how to conduct the consultations. This paper discusses the Federal consultation requirements and identifies areas of possible uncertainties in the consultation process throughout the pre-spill planning, response, and post-response phases of an incident. This paper will suggest resolutions and recommendations to further enhance the consultation process by the Federal spill response decision-makers and planning bodies.

scholarly journals Human-started wildfires expand the fire niche across the United States

2017 ◽  
Vol 114 (11) ◽  
pp. 2946-2951 ◽  
Author(s):  
Jennifer K. Balch ◽  
Bethany A. Bradley ◽  
John T. Abatzoglou ◽  
R. Chelsea Nagy ◽  
Emily J. Fusco ◽  
...  
Keyword(s):  
United States ◽  
Fire Risk ◽  
The United States ◽  
Federal Agencies ◽  
Western United States ◽  
Fire Season ◽  
Direct Role ◽  
Time Period ◽  
Government Records

The economic and ecological costs of wildfire in the United States have risen substantially in recent decades. Although climate change has likely enabled a portion of the increase in wildfire activity, the direct role of people in increasing wildfire activity has been largely overlooked. We evaluate over 1.5 million government records of wildfires that had to be extinguished or managed by state or federal agencies from 1992 to 2012, and examined geographic and seasonal extents of human-ignited wildfires relative to lightning-ignited wildfires. Humans have vastly expanded the spatial and seasonal “fire niche” in the coterminous United States, accounting for 84% of all wildfires and 44% of total area burned. During the 21-y time period, the human-caused fire season was three times longer than the lightning-caused fire season and added an average of 40,000 wildfires per year across the United States. Human-started wildfires disproportionally occurred where fuel moisture was higher than lightning-started fires, thereby helping expand the geographic and seasonal niche of wildfire. Human-started wildfires were dominant (>80% of ignitions) in over 5.1 million km2, the vast majority of the United States, whereas lightning-started fires were dominant in only 0.7 million km2, primarily in sparsely populated areas of the mountainous western United States. Ignitions caused by human activities are a substantial driver of overall fire risk to ecosystems and economies. Actions to raise awareness and increase management in regions prone to human-started wildfires should be a focus of United States policy to reduce fire risk and associated hazards.

The Transformation of Sherwood Forest in the Twentieth Century: The Role of Private Estate Forestry

Rural History ◽  
2005 ◽  
Vol 16 (1) ◽  
pp. 95-110 ◽  
Author(s):  
DUNCAN KOTTLER ◽  
CHARLES WATKINS ◽  
CHRIS LAVERS
Keyword(s):  
Twentieth Century ◽  
Government Policy ◽  
Social Economic ◽  
Private Land ◽  
Dynamic Nature ◽  
Land Owners ◽  
Forestry Commission ◽  
Wide Range ◽  
Changing Role

Despite the demise of many landed estates in the twentieth century, the creation of the Forestry Commission and consequent massive afforestation, over two-thirds of British woodland remained in the hands of private land owners at the end of the century. Little research has been carried out into the changing role of landed estates in forming and maintaining woodland landscapes in this period. This paper examines forestry on the Thoresby estate, Sherwood Forest, Nottinghamshire using a wide range of sources. It demonstrates the dynamic nature of this landscape during the twentieth century. Rather than being a slowly changing woodland landscape, it has been transformed through interventions by land agents and landowners in response to changing social, economic and government policy pressures.

scholarly journals The Court & the Cataracts

2018 ◽  
Vol 106 (1) ◽  
pp. 100-125
Author(s):  
Tyler Wentzell
Keyword(s):  
Late Nineteenth Century ◽  
Private Land ◽  
Niagara Falls ◽  
Land Owners ◽  
Queen Victoria ◽  
The Government ◽  
First Time ◽  
Court Of Appeal ◽  
Insight Into

The establishment of the Queen Victoria Niagara Falls Park involved an extensive expropriation by the Government of Ontario. The perceived social value of parks had been increasing in recent years, but this was the first time in Canada that private land had been expropriated in order to create a park. The majority of the land owners engaged in arbitration, while three land owners took their objections as far as the Ontario Court of Appeal. The enacting legislation along with these proceedings provide unique insight into life around the falls, the role of the Ontario Court of Appeal, and the nature of expropriation and the establishment of parks in late nineteenth century Ontario.

The Role of Early Wins in Long-Term Success

2015 ◽  
pp. 95-99
Author(s):  
Frederick S. Johnson
Keyword(s):  
Public Health ◽  
The United States ◽  
Federal Agencies ◽  
Community Members ◽  
Policy Makers ◽  
Public Health Professionals ◽  
Primary Care Clinicians ◽  
The Right

Drawing on the experiences of hundreds of public health and primary care clinicians from across the United States, this book explains why population health is receiving so much attention from policy makers in states and federal agencies, the practical steps that clinicians and public health professionals can take to work together to meet the needs of their community, signs that you are on the right track (or not) and how to sustain successes to the benefit of patients, community members, and the health care and public health teams that care for them.

scholarly journals Coast Guard Research and Development for the 1990s1

1991 ◽  
Vol 1991 (1) ◽  
pp. 661-665 ◽  
Author(s):  
Donald S. Jensen ◽  
Peter A. Tebeau
Keyword(s):  
Research And Development ◽  
Oil Spill ◽  
Technology Assessment ◽  
State Of The Art ◽  
Federal Agencies ◽  
Coast Guard ◽  
Exxon Valdez ◽  
The Past ◽  
Current State ◽  
Oil Spill Response

ABSTRACT Over the past 20 years, the U. S. Coast Guard pursued an extensive R&D effort in oil spill response technology, producing a number of systems that have defined the current state of the art. In the mid-1980s, the R&D effort was scaled back due to declining national emphasis, and to its reaching a point of diminishing returns. Following the Exxon Valdez and several other catastrophic spills, the Coast Guard began reexamining the mission needs and technology to formulate a revitalized R&D effort for the 1990s. Workshops were held within the Coast Guard and with other federal agencies and industry, to identify spill response needs and R&D efforts that would support those needs. Several technology assessment efforts are currently underway. Based on these workshops and technology assessments, a five-year R&D program has been developed. The elements of this program are described in detail, including plans for cooperative efforts with other agencies, other countries, and industry.

scholarly journals Understanding the Role of Planners in Wildfire Preparedness and Mitigation

ISRN Forestry ◽  
2012 ◽  
Vol 2012 ◽  
pp. 1-12 ◽  
Author(s):  
Menka Bihari ◽  
Elisabeth M. Hamin ◽  
Robert L. Ryan
Keyword(s):  
United States ◽  
Land Use ◽  
Emergency Management ◽  
Local Governments ◽  
Regulatory Authority ◽  
The United States ◽  
Federal Agencies ◽  
Residential Areas ◽  
Wildland Urban Interface

As wildfires affect more residential areas across the United States, the need for collaboration between land managers, federal agencies, neighbours, and local governments has become more pressing especially in the context of the wildland-urban interface. Previous research has not focused much on land-use planners’ role in wildfire mitigation. This paper provides information on how land-use planners can assist communities in learning to live with wildfire risk through planning, preparedness, and mitigation efforts in the wildland-urban interface (WUI). Based on interviews with land-use planners, forest planners, and local emergency management officials, we identified a range of tools that could be used for improving wildfire preparedness and mitigation initiatives in the WUI, but also found that planners felt that they lacked the regulatory authority to use these tenaciously. The paper also identifies a range of possible actions that would contribute towards safer building practices in the interface communities.

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