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Waiting for a Reckoning: Reflections on World Oceans Day, the BP Oil Spill, and Worker Safety

Today is World Oceans Day, a time to consider how ocean policy connects to human and environmental health. This year’s theme of “Life and Livelihoods” comes as our federal government is finally making energy jobs and climate justice a priority. It is also an opportunity to reflect on one of the most devastating events to impact Gulf Coast waters and those who depend on them — the BP/Deepwater Horizon oil spill of 2010. Eleven years on, workers continue to raise the alarm over the spill’s long-term health impacts, fighting against a backdrop of weak safety regulations.

Eleven workers were killed and 17 injured in the oil rig explosion that caused the largest marine oil spill in history, flooding over 200 million gallons of oil into the Louisiana coast for more than 87 days. The disaster and subsequent media frenzy rallied politicians and the public against the dangers of offshore drilling, and new rules and regulations for the industry soon followed.

The Rise and Fall of Post-Spill Reforms

Although President Obama’s emergency drilling moratorium received most of the attention at the time, the administration followed this initial reaction with a longer-term response consisting of major agency reorganization and a steady series of regulatory actions to bolster the safety of future operations. These included the requirement for oil spill response plans, new certification and safety rules for oil rigs, financial assurance requirements, and rules to ensure employee oversight of workplace safety. But like many other progressive policies slowly built upon and strengthened throughout the Obama years, these new rules and regulations didn’t stand a chance with Donald Trump in the White House.

Once in office, Trump quickly set about unraveling environmental and safety protections that he judged to be “unfairly holding back” America’s energy industry. In March 2017, Trump signed Executive Order 13783, which directed agencies to consider revising or rescinding any rules or actions that might impede energy production. 

Then came Executive Order 13795, “Implementing America-First Offshore Energy Strategy,” which sought  to expand leasing in federal waters and explicitly specified which rules and orders Trump wanted changed or rescinded. In effect, these directives weakened nearly all of the reforms that had been put in place following the 2010 spill.

The Danger Continues

In the meantime, oil spills have continued to blot the news and the industry has not gotten much safer. Oil and gas workers face a fatal injury rate up to 15 times higher than the national average, which itself has been slowly rising. From 2008 to 2017, about as many workers died extracting oil and gas — 1,566 — as U.S. troops who were killed fighting in Afghanistan. Around the same time, the industry was cited for almost 11,000 safety violations, 64 percent of which were judged likely to result in “death or serious physical harm.” But these statistics reflect only the most direct and dramatic workplace safety issues facing the oil industry. 

Over a decade after exposure to toxins in the oil, chemical oil dispersants, and air pollutants, many workers struggle with symptoms such as shortness of breath, headaches, chronic cough, dizzy spells, painful joints, and chest pain. Connections have also been alleged between toxin exposure and chronic illnesses, including cancer. These long-term health impacts have been the subject of thousands of lawsuits filed against BP, but few have moved forward to trial or settlement. 

In the aftermath of 2010’s catastrophic spill, tender images of hands cleaning oil-slicked birds or saving struggling sea turtles filled news feeds. Workers were the faceless heroes of the clean-up effort, appearing in photographs as disembodied rubber gloves and blurry figures in the backgrounds of desecrated beaches. Now they are fighting to get to the foreground and have their own stories told. 

Looking Toward the Future

For many Americans, the BP oil spill was a cultural moment that ended once the media circus around it did. For workers and their families, the disaster continues. Today, as the Biden-Harris administration begins to make progress in addressing some of the most egregious damage done during the Trump era, it has an opportunity to honor the sacrifice of those workers and their families by building back policies that would prevent future disasters like Deepwater Horizon from occurring in the first place.

But as climate change looms over his administration — the biggest human-caused disaster of all, and one that we won’t have the luxury of compartmentalizing into a media moment — Biden has an even greater opportunity to make the entire dangerous business of oil and gas extraction obsolete. 

A focus on reforming the fossil fuel industry fails to recognize that workers are one of the many casualties of an industry that inherently places profits over people. Reflecting on Deepwater Horizon shows us that clean energy and worker safety are not separate issues.

We need bold policies incentivizing a smooth and equitable transition to renewable energy. Anything less will be deadly.

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Clarissa Libertelli | June 8, 2021

Waiting for a Reckoning: Reflections on World Oceans Day, the BP Oil Spill, and Worker Safety

World Oceans Day marks a time to reflect on how our oceans connect to human and environmental health. This year’s theme of “Life and Livelihoods” comes at a time when our federal government is turning to energy jobs and climate justice. As the BP/Deepwater Horizon oil spill of 2010 showed, the lives and livelihoods of millions are affected by how we manage ocean policy. Eleven years later, will policy adapt to prioritize human and environmental health over business?

Daniel Farber | June 7, 2021

The Turning Tide

Some events last week sent a strong signal that the tide is turning against fossil fuels. Each of the events standing alone would have been noteworthy. The clustering of these events dramatizes an important shift. To paraphrase Churchill, this may not be beginning of the end for fossil fuels, but at least it is the end of the beginning of the campaign against them.

Maggie Dewane | June 3, 2021

Connect the Dots Podcast Explores Clean Energy Policy and Local, State, and Federal Governance

In this episode of Connect the Dots, host Rob Verchick and his guests discuss energy policy at different levels of government and who's leading the way in the clean energy journey.

Karen Sokol | May 27, 2021

Drilled News Op-Ed: The Supreme Court’s Obscure Procedural Ruling In Baltimore’s Climate Case, Explained

Member Scholar Karen Sokol submitted an op-ed to the online outlet, Drilled News, on the Supreme Court's minor procedural ruling in the Baltimore climate case and its potentially major implications.

Daniel Farber | May 24, 2021

Getting the Lead Out

Lead can cause neurological damage to young children and developing fetuses. The only really safe level is zero. Because poor children are the most likely to be exposed to this hazard, this is also a major environmental justice issue. The Trump EPA took the position that it could set a hazard level higher than zero because of the cost of reaching a lower threshold. In a split decision, the Ninth Circuit reversed. The statutory issues are complicated, and a dissent raised some reasonable arguments. Ultimately, though, it's hard to believe Congress wanted EPA to misrepresent that a certain level of lead is safe for children when it really isn't.

Daniel Farber | May 21, 2021

Cost-Benefit Analysis and the Biden EPA

In its closing days, the Trump administration issued a rule designed to tilt EPA's cost-benefit analysis of air pollution regulations in favor of industry. Recently, the agency rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA's explanation for the rescission was illuminating, however. It sheds some important light on how the agency views the role of cost-benefit analysis in its decisions.

Brian Gumm | May 20, 2021

Financing the Clean Energy Transition: A Connect the Dots Podcast Episode

In the latest episode of Connect the Dots Season 5, host Rob Verchick and his guests discuss the fiscal complexities and possibilities of a just, equitable transition to clean, renewable energy. When it comes to innovation and clean energy, there’s a wide range of players building new technology and sourcing terrains to scale renewables as wide as the great unknown. Funding for those projects comes from a host of financiers, from banks to private equity firms to, perhaps, everyday consumers. The drive behind financing the energy transition results from a dedicated consortium of political agendas, business prerogatives, and consumer demand.

Katlyn Schmitt | May 13, 2021

Baltimore Sun Op-Ed: Is the Maryland Department of the Environment Cleaning Up Its Act When It Comes to Enforcement?

Dirty, polluted stormwater that runs off of industrial sites when it rains is a major cause of pollution to Maryland’s streams and rivers, and ultimately to the Chesapeake Bay. Maryland is home to thousands of such industrial sites, all of which are required by law to obtain a stormwater discharge permit from the Maryland Department of the Environment (MDE) to prevent pollution and protect public and environmental health. Unfortunately, many of these sites do not have a permit. For example, our research in one small area of Anne Arundel County found that only four out of 12 industrial sites possessed a current permit. Of the industrial sites that hold a permit, many are not in compliance with the permit requirements. Between 2017 and 2020, MDE conducted just under 2,000 inspections of permitted sites throughout Maryland and found that more than two-thirds (68%) were violating the terms of their permits. These industrial sites are commonly clustered in urban areas, creating pollution hot spots of runoff that can include heavy metals and other toxins. Such polluted waters threaten the health of those who live nearby, who are more likely to be low income and populated by people of color.

Daniel Farber | May 7, 2021

The Ninth Circuit Makes EPA an Offer It Can’t Refuse

Chlorpyrifos is one of the most widely used pesticides in America, although it has been banned in the European Union. Last week, the Ninth Circuit took the extraordinary step of ordering the U.S. Environmental Protection Agency (EPA) point-blank to ban or reduce traces of chlorpyrifos in food. A dissenter accused the majority of misreading the statute in question and abusing its discretion by limiting EPA's options so drastically and giving it only 60 days to act. Warning: The majority and dissenting opinions cover 116 pages, so I'll necessarily be leaving out a lot of details and nuances.