Community Involvement Key in Reopener Success
by Riki Ott, board member
The ORA Foundation played a pivotal role in urging the United States and State of Alaska to formally recognize the lingering harm from the Exxon Valdez oil spill (EVOS) and to demand Exxon pay to mitigate this harm.
The 1991 settlement for damages to wildlife and lands held in the public trust included a "Reopener Clause" for "unanticipated injury;" in other words, lingering harm from the oil spill that could not be anticipated in 1991. From September 1, 2002, to September 1, 2006, the governments could invoke the Reopener Clause and request up to an additional $100 million to mitigate documented lingering harm.
In 1989, about half of the spilled oil was buried on beaches. Since then, the oil has leached out over the years, poisoning wildlife that used the beaches for spawning or nesting, rearing their young, and foraging. Some wildlife, such as sea otters and harlequin ducks, are still struggling to recover. Other species, such as Pacific herring, are simply listed as "not recovering" by the EVOS Trustee Council.
The lingering oil and lingering harm concern communities impacted by the spill. The "not recovering" label for herring packs a powerful economic punch for communities in Prince William Sound. Given an opportunity to try to mitigate this harm, people from oiled communities wanted the governments to hold Exxon accountable.
The ORA Foundation took action last fall. The board drafted a generic resolution and briefing paper and sent them out to every governing entity in the oiled region. This included Native Tribes, boroughs, and cities. In a cover letter, our president asked the governing bodies to adopt the resolution, write letters, and testify.
In all, 13 communities passed resolutions and the Alaska Municipal League passed resolutions asking the governor to reopen the settlement! ORA Foundation board members also spoke to state legislators, wrote articles for local newspapers, and coordinated efforts with a coalition of other interested groups that formed later to advocate reopening the settlement.
Acting on orders from the governor, assistant attorney general Craig Tillery called ORA Foundation president Jerome Selby to find out exactly what the communities wanted. We wanted Exxon held accountable for long-term harm from its spill.
On August 31, the United States and State of Alaska sent a letter to Exxon, demanding $92 million to clean up pockets of oil buried on beaches in Prince William Sound and the Gulf of Alaska. By this demand, the governments acknowledge that oil is more toxic than previously thought in the 1970s as it caused "unanticipated" long-term harm to wildlife. Exxon has not yet responded to the demand letter.
The ORA Foundation would like to thank, again, the communities, the coalition of groups that supported our effort and the people in the oiled regions for helping hold Exxon accountable for damages from its devastating oil spill.