CPR Archive for Alyson Flournoy

Outer Continental Shelf Shell Game Leaves Florida's Coastline More at Risk for Drilling

by Alyson Flournoy | February 06, 2018

On January 4, the Department of the Interior (DOI) released its draft proposed program for oil and gas leasing on the Outer Continental Shelf (OCS). The proposed plan would end a broad ban on drilling imposed by President Obama and allow leasing and drilling on over 98 percent of the OCS, including the waters off Florida's Atlantic and Gulf coasts. The Eastern Gulf of Mexico is subject to a congressional moratorium until 2022, but the new plan would commence sales in that region in 2023.  

On January 9, after a brief meeting with Florida Governor Rick Scott, Interior Secretary Ryan Zinke announced that, contrary to the proposal, he was removing Florida's coast from any consideration for new "oil and gas platforms." Zinke's reported explanation for his decision referenced the governor, his leadership and trustworthiness, his work with the administration on Everglades restoration, Florida's uniqueness, and its economic reliance on coastal tourism.

One might assume that this announcement meant that Florida was no longer at risk from offshore drilling. But from a legal perspective, Zinke's announcement lacked any legal force or effect. Indeed, in an ironic twist, this announcement made any eventual effort to provide protection for Florida's waters legally vulnerable.   

The protection Zinke promised lacks any legal force because it is not an official action taken by the secretary. He is not bound by it. He could tweet ...

Painting by Numbers: A Recipe for Disaster

by Alyson Flournoy | September 03, 2010
Five years after Hurricane Katrina, the BP oil spill offers a chance to learn a lesson that we should have learned five years ago.  Certainly, the two events differ in important ways – the hurricane itself was a force of nature, and the oil well blowout although powered by nature, was clearly the result of human activity. But the hurricane was not just a natural disaster. Its impact resulted from a series of human decisions and actions that exacerbated the hurricane’s ...

Bingaman-Murkowski Bill on BP Oil Spill Captures Low-Hanging Fruit But Leaves the Environment at Risk

by Alyson Flournoy | June 30, 2010
Senate Bill 3516, introduced by Senators Bingaman and Murkowski in response to the BP oil spill to reform the Outer Continental Shelf Lands Act (OCSLA), proposes many intelligent and much-needed changes (the Energy & Natural Resources Committee will hold a hearing on the bill today). Among these, the legislation would imposea long-overdue mandate for best available technology for oil exploration and extraction, require that proponents of drilling evaluate the possibility of a well blowout and develop a response plan for a ...

Looking Beyond Deepwater to the Horizon: Government-on-Demand Doesn't Work (Surprise!)

by Alyson Flournoy | June 02, 2010
In following the oil spill disaster, it can be hard to think beyond the control effort du jour to the bigger picture. I was riveted by the latest of BP’s seven failed efforts to stop the flow of oil, hoping it would succeed and that the underwater tornado of oil devastating the Gulf, the coast, and the people whose livelihoods depend on these natural resources, would be contained, at least. And now that the top kill has failed, we’re all ...

Also from Alyson Flournoy

Alyson Flournoy is Professor and Alumni Research Scholar at the University of Florida Levin College of Law in Gainesville. She is a member of the board of directors of the Center for Progressive Reform.

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