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View Diary: White House plans to force BP to set aside money to pay damages (272 comments)

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  •  Good. My worry is that BP is still foot dragging (8+ / 0-)

    on protecting critical salt marshes and then beaches. Under 33 U.S.C. 1321 the government does have authority to do that itself.


    (c)  Federal removal authority
       (1) General removal requirement

       (A) The President shall, in accordance with the National Contingency Plan and any appropriate Area Contingency Plan, 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—
       (i) into or on the navigable waters;
       (ii) on the adjoining shorelines to the navigable waters;
       (iii) into or on the waters of the exclusive economic zone; or
       (iv) that may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States.

       (B) In carrying out this paragraph, the President may—
       (i) remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time;
       (ii) direct or monitor all Federal, State, and private actions to remove a discharge; and
       (iii) remove and, if necessary, destroy a vessel discharging, or threatening to discharge, by whatever means are available.

    (The emphasized part brings a grin of fantasy action!)

    The problem is that over the last two decades we have defaulted on any government clean up capability while trusting without verification (even common sense) that industry would provide effective mitigation.

    Thus we have neither a standing army, in place contracts nor budget flexibility to do the job. It is not that the government is prohibited, as some seem to think, it is that it has made itself the helpless child in this matter at industry, and let's face it "free market" and GOP ideology, urging.

    The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. [Elbert Hubbard]

    by pelagicray on Sun Jun 13, 2010 at 11:47:52 AM PDT

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