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{{short description|1989 industrial disaster in Alaska}} | |||
'''The ] Oil Spill''' was one of the largest manmade environmental disasters ever to occur at sea, seriously affecting plants and wildlife. Its remote location (accessible only by helicopter and boat) made government and industry response efforts difficult, and severely taxed existing plans for response. The region is a ] for ], ]s, ]s, and sea ]s. | |||
{{Italic title|string=Exxon Valdez}} | |||
{{Use mdy dates|date=March 2019}} | |||
{{Infobox oil spill | |||
| spill_name = ''Exxon Valdez'' oil spill | |||
| image = Exxon Valdez Cleanup.jpg | |||
| image_size = 300 | |||
| image_caption = ] landing craft anchored ashore as numerous personnel position hoses during oil clean-up efforts on ] on May 11, 1989 | |||
| location = ], ] | |||
| coordinates = {{Coord|60.8400|-146.8625|region:US-AK_type:event|display=title,inline}} | |||
| spill_date = {{start date and age|1989|3|24}} | |||
| cause = Grounding of the '']'' oil tanker | |||
| operator = ] | |||
| volume = {{convert|10.8|e6USgal|oilbbl m3|abbr=on|lk=in}} (or 37,000 ]) | |||
| area = | |||
| coast = {{convert|1300|mi|abbr=on}} | |||
}} | |||
The '''''Exxon Valdez'' oil spill''' was a major ] that occurred in ]'s ] on March 24, 1989. The spill occurred when '']'', an oil ] owned by ], bound for ], California, struck ]'s ], {{convert|6|mi|abbr=on}} west of ] at 12:04 a.m. The tanker ] more than {{convert|10|e6USgal|oilbbl}} (or 37,000 ]s)<ref>{{cite web |title=Properties of Prudhoe Bay (2004) (ESTS #679) |url=http://donnees.ec.gc.ca/data/substances/scientificknowledge/spills-technology-databases/physiochemical-properties-of-petroleum-products/Prudhoe%20Bay%20(2004)%20(ESTS%20679)%20Properties%20Summary-EN.pdf |website=Environment and Climate Change Canada |publisher=Government of Canada |access-date=March 19, 2019 |date=2004 |archive-date=May 7, 2017 |archive-url=https://web.archive.org/web/20170507191934/http://donnees.ec.gc.ca/data/substances/scientificknowledge/spills-technology-databases/physiochemical-properties-of-petroleum-products/Prudhoe%20Bay%20(2004)%20(ESTS%20679)%20Properties%20Summary-EN.pdf |url-status=dead }}</ref> of ] over the next few days.<ref name="faq"/> | |||
The ''Exxon Valdez'' spill is the second largest in U.S. waters, after the 2010 ], in terms of volume of ] released.<ref name="histories" /><ref name="nationalgeographic_leahy_20190322">{{Cite magazine| last = Leahy| first = Stephen| title = Exxon Valdez changed the oil industry forever – but new threats emerge| magazine = National Geographic| access-date = October 25, 2019 |date=March 22, 2019| url = https://www.nationalgeographic.com/environment/2019/03/oil-spills-30-years-after-exxon-valdez/| archive-url = https://web.archive.org/web/20190325185337/https://www.nationalgeographic.com/environment/2019/03/oil-spills-30-years-after-exxon-valdez/| url-status = dead| archive-date = March 25, 2019}}</ref> Prince William Sound's remote location, accessible only by helicopter, plane, or boat, made government and industry response efforts difficult and made existing response plans especially hard to implement. The region is a ] for ], ]s, ], and ]s. The oil, extracted from the ], eventually affected {{convert|1300|mi|km}} of coastline, of which {{convert|200|mi|km}} were heavily or moderately oiled.<ref name="faq" /><ref name="SpillAroundUs" /><ref name="Shigenaka">{{cite web|last1=Shigenaka|first1=Gary|title=Twenty-Five Years After the Exxon Valdez Oil Spill: NOAA's Scientific Support, Monitoring, and Research|url=http://response.restoration.noaa.gov/sites/default/files/Exxon_Valdez_25YearsAfter_508_0.pdf|website=Office of Response and Restoration|publisher=National Oceanic and Atmospheric Administration|access-date=January 17, 2017|location=Seattle|date=2014}}</ref> | |||
] | |||
== |
==Spill== | ||
{{more citations needed section|date=March 2023}} | |||
The ] ] ] departed the ], ] at 9:12 pm ], ] with 53 million gallons of crude oil bound for California. A ] guided the ship through the Valdez Narrows before departing the ship and returning control to ], the ship's master. The ship maneuvered out of the shipping lane to avoid icebergs. Following the maneuver and sometime after 11 pm, Hazelwood departed the wheel house and was in his stateroom at the time of the accident. He left ] Gregory Cousins in charge of the wheel house and ] Robert Kagan at the helm with instructions to return to the shipping lane at a prearranged point. ''Exxon Valdez'' failed to return to the shipping lanes and struck ] at around 12:04 am ], ]. The accident resulted in the discharge of approximately 11 million gallons of oil (240,000 barrels), 20% of the cargo, into ].<ref name = EVOSTC_FAQ> {{cite web| title = Frequently asked questions about the Exxon Valdez Oil Spill|url=http://www.evostc.state.ak.us/History/FAQ.htm|publisher =State of Alaska's Exxon Valdez Oil Spill Trustee|Councilaccessdate = 2007-03-06}}</ref> | |||
]'' a few hours after it was grounded.]] | |||
''Exxon Valdez'' was carrying {{convert|53.1|e6USgal|oilbbl m3}} of oil, of which approximately {{convert|10.8|e6USgal|oilbbl m3}} were spilled into the ].<ref name="faq" /><ref name="histories" /><ref name="Scientific American" /><ref name="greenpeace" /><ref name="AUTOREF2" /> | |||
The ship docked at the Valdez Marine Terminal<ref>{{cite web |title=Valdez Marine Terminal |url=https://www.alyeska-pipe.com/valdez-marine-terminal/ |publisher=Alyeska Pipeline Service Company |access-date=25 November 2021 |date=2021}}</ref> at 11:30 p.m. on March 22, 1989. Loading of crude oil was completed late in the day on the 23rd. The tanker left the terminal at 9:12 p.m., March 23, 1989 (the deck log shows that it was clear of the dock at 9:21{{nbsp}}p.m.), loaded with 53,094,510 gallons (1,264,155 barrels) of crude oil. ] retired to his cabin at 9:25{{nbsp}}p.m. ] William Murphy and ] Gregory Cousins were accompanied by a single tug for the passage through the Valdez Narrows – a journey of about 7 miles. The pilot left the bridge shortly after the vessel left the narrows, at 11:24{{nbsp}}p.m. At this point, the captain was called to the bridge. Cousins helped the pilot disembark from the vessel, leaving the captain as the only officer on the bridge. At 11:25{{nbsp}}p.m. ''Exxon Valdez'' reported that the pilot had left. The third mate advised traffic control and decided to deviate from the predetermined traffic lane to avoid small icebergs; a common occurrence since the ] calved such icebergs nearby. The vessel was placed on a due south course and set on autopilot. At 11:47{{nbsp}}p.m. the vessel left the traffic lane's eastern boundary. | |||
The cause of incident was investigated by the ] who identified five following factors as contributing to the grounding of the vessel: | |||
<ol> | |||
<li> The third mate failed to properly maneuver the vessel, possibly due to fatigue and excessive workload</li> | |||
<li> The master failed to provide navigation watch, possibly due to the impairment of alcohol</li> | |||
<li>Exxon Shipping Company failed to supervise the master and provide a rested and sufficient crew for the Exxon Valdez</li> | |||
<li> The ] failed to provide an effective vessel traffic system</li> | |||
<li> Effective pilot and escort services were lacking<ref name = EVOSTC_FAQ/></li> | |||
</ol> | |||
The Board made a number of recommendations, such as changes to the work patterns of Exxon crew in order to address the causes of the accident. | |||
Third Mate Cousins had been on duty for 6 hours and was scheduled to be relieved by ] Lloyd LeCain Jr. However, due to the long hours that the second mate had worked, Cousins was reluctant to wake him, and remained on duty. Cousins was the only officer on the bridge for most of the night, in violation of company policy. At around midnight on March 24 Cousins began to maneuver the vessel into the traffic lanes. At the same time, the lookout reported that the Bligh Reef light appeared far off the starboard bow at 45 degrees – this was problematic given that the light should have been off the port side. Cousins ordered a course change as the ship was in danger. Captain Hazelwood was phoned by Cousins, but before their conversation could finish, the ship grounded. At 12:04{{nbsp}}a.m., accompanied by what the helmsman and Cousins described as "a bumpy ride" and "six very sharp jolts" respectively, the ship ran aground on Bligh Reef. | |||
== Amount spilled == | |||
Carried by its own momentum, the ship ended up perched on its middle on a pinnacle of rock. 8 out of 11 cargo holds were punctured. 5.8 million gallons of oil drained from the ship within 3 hours and 15 minutes. 30 minutes after numerous attempts to dislodge the ship under her own power, Captain Hazelwood radioed the Coast Guard informing them of the grounding. For more than 45 minutes after the grounding, the captain attempted to maneuver free of the reef despite being informed by ] James Kunkel that the vessel was not structurally sound without the reef supporting it.<ref>{{cite web|title=Spill, the wreck of the ''Exxon Valdez'' Implications for Safe Marine Transport|url=https://www.arlis.org/docs/vol1/EVOS/1990/21337991.pdf|publisher=State of Alaska|page=7}}</ref> | |||
] | |||
] | |||
According to official reports, the ship carried 53,094,510 gallons of oil, of which 10.8 million gallons were spilled.<ref>ThinkQuest: Retrieved May 31, 2007.</ref> This figure has become the consensus estimate of the spill's volume, as it has been accepted by the State of Alaska's Exxon Valdez Oil Spill Trustee Council,<ref name="trustee"> {{cite web| title = Excerpt from the Alaska Oil Spill Commission Report on the 1989 Exxon Valdez Oil Spill| url = http://www.evostc.state.ak.us/History/excerpt.htm| publisher =State of Alaska's Exxon Valdez Oil Spill Trustee Council| accessdate = 2007-03-06}}</ref> the ],<ref name="NOAA"> {{cite web| title = The Exxon Valdez Oil Spill| url = http://archive.orr.noaa.gov/spotlight/spotlight.html| publisher =The National Oceanic and Atmospheric Administration| accessdate = 2007-03-06}}</ref> and environmental groups such as ]<ref>]: Retrieved May 31, 2007.</ref> and the ],<ref>]: Retrieved May 31, 2007.</ref> among others. | |||
] | |||
Some groups, such as ], dispute the official estimates, maintaining that the volume of the spill has been underreported<ref>]: Retrieved May 31, 2007.</ref> because oil reclaimed from the damaged tanker would have been emulsified in seawater, throwing off calculations. | |||
Multiple factors have been identified as contributing to the incident: | |||
==Cleanup measures== | |||
] | |||
A trial burn was conducted during the early stages of the spill, in a region of the spill isolated from the rest by a fire-resistant boom. The test was relatively successful, but because of unfavourable weather no additional burning was attempted in this cleanup effort. Mechanical cleanup was started shortly afterwards using booms and skimmers, but the skimmers were not readily available during the first 24 hours following the spill, and thick oil and ] tended to clog the equipment. A private company applied dispersant on March 24 with a helicopter and dispersant bucket. Because there was not enough wave action to mix the dispersant with the oil in the water, their use was discontinued. | |||
* Exxon Shipping Company failed to supervise the ] (ship's captain) and provide a rested and sufficient crew for ''Exxon Valdez''. The ] found this practice was widespread throughout the industry, prompting a safety recommendation to Exxon and to the industry.<ref Name=NTSB/> | |||
It now turns out that dispersants may be worse than the oil itself. Concentrations of 10 parts per million of the detergents are acutely toxic to many marine mammals and plants, and large numbers of shellfish such as limpets and barnacles on inter-tidal rocks in the spray area were killed. | |||
* The third mate failed to properly maneuver the vessel, possibly due to fatigue or excessive workload.<ref Name=NTSB>{{Cite book|title=Practices that relate to the ''Exxon Valdez'' |date=September 18, 1990 |pages=1–6 |place=Washington, DC |publisher=National Transportation and Safety Board |url=https://www.ntsb.gov/Recs/letters/1990/M90_26_31a.pdf |url-status=dead |archive-url=https://web.archive.org/web/20100611194527/https://www.ntsb.gov/Recs/letters/1990/M90_26_31A.pdf |archive-date=June 11, 2010}}</ref> | |||
* Exxon Shipping Company failed to properly maintain the ] Collision Avoidance System (RAYCAS) ], which, if functional, would have indicated to the third mate an impending collision with the ] by detecting the radar reflector placed on the next rock inland from Bligh Reef for the purpose of keeping ships on course. This cause was brought forward by ] and is not presented in the official accident report.<ref name="AUTOREF4" /> | |||
Captain Hazelwood, who was widely reported to have been drinking heavily that night, was not at the controls when the ship struck the reef. Exxon blamed Hazelwood for the grounding of the tanker, but he accused the corporation of making him a ].<ref name="AUTOREF4" /><ref name=clv/> | |||
Exxon was widely criticized for its slow response to cleaning up the disaster and John Devens, the Mayor of Valdez, has said his community felt betrayed by Exxon's inadequate response to the crisis.<ref>Mallenbaker article on Exxon's mismanagement of the crisis Retrieved Aug 17/07</ref> Nevertheless, working with the U.S. Coast Guard, which officially led the response, Exxon mounted a cleanup effort that exceeded in cost, scope and thoroughness any previous oil spill cleanup. More than 11,000 Alaska residents, along with many Exxon employees, worked throughout the region to help restore the environment. | |||
In a 1990 trial he was charged with criminal mischief, reckless endangerment, and piloting a vessel while intoxicated, but was cleared of the three charges. He was convicted of ] negligent discharge of oil. 21 witnesses testified that he did not appear to be under the influence of alcohol around the time of the accident.<ref name=rempel>{{cite news |last1=Rempel |first1=William C. |author1-link=William Rempel |title=Hazelwood Acquitted of 3 Charges; Guilty on 1 : Oil spill: An Anchorage jury finds the Exxon Valdez skipper culpable only on a minor pollution count. |url=https://www.latimes.com/archives/la-xpm-1990-03-23-mn-694-story.html |access-date=2 December 2021 |work=Los Angeles Times |date=23 March 1990}}</ref><ref>{{cite news |last1=Mathews |first1=Jay |author1-link=Jay Mathews |title=Hazelwood cleared on most counts |url=https://www.washingtonpost.com/archive/politics/1990/03/23/hazelwood-cleared-on-most-counts/a6cf9a62-8988-495d-a76f-a876f5353f58/ |access-date=2 December 2021 |newspaper=Washington Post |date=23 March 1990}}</ref> | |||
Journalist ] stated in 2008: | |||
Because Prince William Sound contained many rocky coves where the oil collected, the decision was taken to blast it off the rocks with high- pressure hot water. But this blasted the micro-organisms living on the rocks, which were the basis of the marine food chain, leaving the areas sterile. Some American experts - not paid by the oil companies - now think the oil should have been left where it was to degrade gradually. At the time, both scientific advice and public pressure was to clean everything. | |||
{{Blockquote|Forget the drunken skipper fable. As to Captain Joe Hazelwood, he was below decks, sleeping off his bender. At the helm, the third mate may never have collided with Bligh Reef had he looked at his RAYCAS radar. But the radar was not turned on. In fact, the tanker's radar was left broken and disabled for more than a year before the disaster, and Exxon management knew it. It was just too expensive to fix and operate.<ref name="AUTOREF5" />}} | |||
Other factors, according to an ] course entitled "Software System Safety" by Professor Nancy G. Leveson,<ref name="AUTOREF6" /> included: | |||
Exxon later released "Scientists and the Alaska Oil Spill," a video carrying the label "A Video for Students" that was given to schools and is reported of being highly distorting in how it shows the clean-up process.<ref>TextbookLeague.org: Retrieved May 31, 2007.</ref> | |||
# Ships were not informed that the previous practice of the Coast Guard tracking ships out to Bligh Reef had ceased.<ref name="Leveson20" /> | |||
# The oil industry promised, but never installed, state-of-the-art iceberg monitoring equipment.<ref name="Leveson18" /> | |||
# ''Exxon Valdez'' was sailing outside the normal sea lane to avoid small icebergs thought to be in the area.<ref name="Leveson18" /> | |||
<!--] copypaste and too close paraphrasing removed from here, page 18: radar station--> | |||
<!--copypasta removed, page 19: Congressional approval--> | |||
# Coast Guard vessel inspections in Valdez were not performed, and the number of staff was reduced.<ref name="Leveson19" /> | |||
# Lack of available equipment and personnel hampered the spill cleanup.<ref name="Leveson20" /> | |||
This disaster resulted in ] introducing comprehensive ] prevention rules (]) through various conventions. The rules were ratified by member countries and, under International Ship Management rules, the ships are being operated with a common objective of "safer ships and cleaner oceans."<ref>{{Cite book|url=https://books.google.com/books?id=MgoCpBaVJlMC&q=%22safer%20ships%20and%20cleaner%20oceans%22%20MARPOL&pg=PT198|title=From T-2 to Supertanker: Development of the Oil Tanker, 1940–2000, Revised|last=Spyrou|first=Andrew G.|year=2017 |publisher=iUniverse|isbn=9781462002344|language=en}}</ref> | |||
In 2009, Captain Hazelwood offered a "heartfelt apology" to the people of Alaska, suggesting he had been wrongly blamed for the disaster: "The true story is out there for anybody who wants to look at the facts, but that's not the sexy story and that's not the easy story," he said. Hazelwood said he felt Alaskans always gave him a fair shake.<ref name=clv>{{cite news|last1=Meyer|first1=Bill|title=Captain of Exxon Valdez offers 'heartfelt apology' for '89 oil spill in Alaska's Prince William Sound |url=http://www.cleveland.com/nation/index.ssf/2009/03/captain_of_exxon_valdez_offers.html |access-date=January 17, 2017|work=]|date=March 5, 2009|location=Cleveland, OH}}</ref> | |||
According to several studies funded by the state of Alaska, the spill had a range of short and long term economic impacts. These included the loss of recreational sports fisheries, reduced tourism, and an estimate of what economists call "]," which is the value to the public of a pristine Prince William Sound. | |||
==Clean-up and major effects == | |||
In 1992, the Coast Guard declared the cleanup complete and commended Exxon for its unprecedented effort. (Exxon spent approximately $2 billion during the clean up effort.) | |||
] | |||
Chemical dispersant, a ] and ] mixture, was applied to the slick by a private company on March 24 with a helicopter, but the helicopter missed the target area. Scientific data on its toxicity were either thin or incomplete. In addition, public acceptance of new, widespread chemical treatment was lacking. Landowners, fishing groups, and conservation organizations questioned the use of chemicals on hundreds of miles of shoreline when other alternatives might have been available."<ref name=histories /><ref name="autogenerated2">{{cite web |title=The Exxon Valdez Oil Spill: Final Report, State of Alaska Response |url=http://www.evostc.state.ak.us/static/PDFs/deccleanuptechniques.pdf |website=Exxon Valdez Oil Spill Trustee Council |publisher=Alaska Department of Environmental Conservation |access-date=March 19, 2019 |location=Anchorage, AK |pages=61–87 |date=June 1993 |archive-date=September 28, 2021 |archive-url=https://web.archive.org/web/20210928164320/https://evostc.state.ak.us/static/PDFs/deccleanuptechniques.pdf |url-status=dead }}</ref><ref>{{cite web|url=http://www.evostc.state.ak.us/index.cfm?FA=facts.QA|title=Oil Spill Facts – Exxon Valdez Oil Spill Trustee Council|first=''Exxon Valdez'' Oil Spill Trustee|last=Council}}</ref> | |||
However, after 18 years many animals are still recovering from this disaster. | |||
According to a report by ] for ], the main component of the ] formulation used during cleanup, ], was identified as "one of the agents that caused ], ], ], ], and blood disorders among cleanup crews in Alaska following the 1989 ''Exxon Valdez'' spill".<ref>{{cite web|url=http://www.takepart.com/article/2013/04/17/corexit-deepwater-horizon-oil-spill|title=Corexit: An Oil Spill Solution Worse Than the Problem?|last=Kirby|first=David|date=Apr 22, 2013|website=www.TakePart.com|publisher=Participant Media|access-date=April 19, 2016|archive-url=https://web.archive.org/web/20160505211414/http://www.takepart.com/article/2013/04/17/corexit-deepwater-horizon-oil-spill|archive-date=May 5, 2016|url-status=dead}}</ref> It is now known that while ] is indeed a respiratory irritant that can be acutely toxic,<ref>{{Cite web|url=https://www.nlm.nih.gov/toxnet/index.html|title=TOXNET HAS MOVED|website=www.nlm.nih.gov|access-date=2020-01-24}}</ref> animal studies did not find it to be mutagenic, and no studies suggest it to be a human carcinogen.<ref>{{Cite web|url=https://www.atsdr.cdc.gov/phs/phs.asp?id=345&tid=61|title=Public Health Statement for 2-Butoxyethanol and 2-Butoxyethanol Acetate|date=August 1998|website=Agency for Toxic Substances and Disease Registry, Center for Disease Control|access-date=16 February 2020}}</ref> | |||
==Litigation== | |||
In ], in the case of ''Baker vs. Exxon'', an ] jury awarded $287 million for actual damages and $5 billion for ]. The punitive damages amount was based on a single year's ] by Exxon at that time. | |||
Mechanical cleanup was started shortly afterward using ] and ], but the skimmers were not readily available during the first 24 hours following the spill, and thick oil and ] tended to clog the equipment. Despite civilian insistence for a complete cleanup, only 10% of total oil was actually completely cleaned. Exxon was widely criticized for its slow response to cleaning up the disaster and John Devens, the mayor of ], said his community felt betrayed by Exxon's inadequate response to the crisis.<ref name="AUTOREF8" /> More than 11,000 Alaska residents, along with some Exxon employees, worked throughout the region to try to restore the environment. | |||
Exxon appealed the ruling and the ] ordered the original judge, Russel Holland, to reduce the punitive damages. On ], ], the judge announced that he had reduced the damages to $4 billion, which he concluded was justified by the facts of the case and was not grossly excessive. | |||
Though the clean-up effort was diligent it failed to contain the majority of the oil that had spilled and that has been blamed heavily upon Exxon. On November 26, 1984, Ronald A. Kreizenbeck (Director, Alaska Operations Office) informed the Coast Guard that the EPA suspected, due to a recent site-visitation during an 'Annual Marine Drill' that the Port of Valdez was not prepared to "efficiently respond to a major spill event". In the letter, he stated that " appears that the Vikoma boom and/or deployment vessels used may not be adequate to handle the harsh environmental conditions of Port Valdez".<ref>{{Cite book|last=Resources|first=United States Congress House Committee on Interior and Insular Affairs Subcommittee on Water, Power, and Offshore Energy|url=https://books.google.com/books?id=cq3ckJGGBkYC|title=Investigation of the Exxon Valdez Oil Spill, Prince William Sound, Alaska: Oversight Hearings Before the Subcommittee on Water, Power, and Offshore Energy Resources of the Committee on Interior and Insular Affairs, House of Representatives, One Hundred First Congress, First Session ....|date=1989|publisher=U.S. Government Printing Office|language=en}}</ref> | |||
Exxon appealed again, sending the case back to court to be considered in regard to a recent Supreme Court ruling in a similar case, which caused Judge Holland to increase the punitive damages to $4.5 billion, plus ]. | |||
Because Prince William Sound contained many rocky coves where the oil was collected, the decision was made to displace it with high-pressure hot water. However, this also displaced and destroyed the microbial populations on the shoreline; many of these organisms (e.g. ]) are the basis of the coastal marine food chain, and others (e.g., certain bacteria and fungi) are capable of facilitating the ] of oil. At the time, both scientific advice and public pressure was to clean everything, but since then, a much greater understanding of ] and facilitated ] processes has developed, due somewhat in part to the opportunity presented for study by the ''Exxon Valdez'' spill. | |||
Both long-term and short-term effects of the oil spill have been studied.<ref name="AUTOREF11" /> Immediate effects include the deaths of between 100,000 and 250,000 seabirds, at least 2,800 ]s, approximately 12 ], 300 ], 247 ]s, and 22 ]s, and an unknown number of salmon and herring.<ref name="Scientific American" /><ref name="AUTOREF12" /> | |||
After more appeals, and oral arguments heard by the ] on January 27, 2006, the damages award was cut to $2.5 billion on December 22, 2006.<ref>Keller-Rohrback: Retrieved May 31, 2007.</ref> The court cited recent U.S. Supreme Court rulings relative to limits on punitive damages. | |||
Nine years after the disaster, evidence of negative oil spill effects on marine birds was found in the following species: ]s, ], ]s, ]s and ]s.<ref>{{cite book|first1=David B.|last1= Irons|first2=Steven J.|last2=Kendall|first3=Wallace P.|last3=Erickson|first4=Lyman L.|last4=McDonald|first5=Brian K.|last5=Lance|url=https://academic.oup.com/condor/article/102/4/723/5562924?searchresult=1|title=Nine Years After the Exxon Valdez Oil Spill: Effects on Marine Bird Populations in Prince William Sound, Alaska|journal=The Condor|volume =102|oclc=256945515|issue= 4|year= 2000|pages =723–737|issn= 0010-5422|doi=10.1093/condor/102.4.723|publisher=Oxford University Press}}</ref><ref>{{cite journal|first1=Stephen M.|last1=Murphy|first2=Robert H.|last2=Day|first3=John A.|last3=Wiens|first4=Keith R.|last4=Parker|title=Effects of the Exxon Valdez Oil Spill on Birds: Comparisons of Pre- and Post-Spill Surveys in Prince William Sound, Alaska|journal=The Condor|volume =99|issue= 2|date=May 1, 1997|pages =299–313|doi=10.2307/1369936|jstor=1369936|oclc= 4907621032|doi-access=free}}</ref> | |||
Exxon appealed again. On May 23, 2007, the Ninth U.S. Circuit Court of Appeals denied Exxon Mobil Corp.'s request for another hearing, letting stand its ruling that Exxon owes $2.5 billion in punitive damages. Exxon's only further option for appeal is the U.S. Supreme Court. Exxon has said it will make this final appeal. | |||
Although the volume of oil has declined considerably, with oil remaining only about 0.14–0.28% of the original spilled volume, studies suggest that the area of oiled beach has changed little since 1992.<ref>{{cite journal |last1=Short |first1=Jeffrey W. |display-authors=et al |title=Estimate of Oil Persisting on the Beaches of Prince William Sound 12 Years after the Exxon Valdez Oil Spill |journal=Environmental Science & Technology |date=2004 |volume=38 |issue=1 |pages=19–22 |doi=10.1021/es0348694 |pmid=14740712 |bibcode=2004EnST...38...19S }}</ref> A study by the National Marine Fisheries Service, NOAA in ], determined that by 2001 approximately 90 tonnes of oil remained on beaches in Prince William Sound in the sandy soil of the contaminated shoreline, with annual loss rates declining from 68% per year prior to 1992, to 4% per year after 2001.<ref>{{cite journal |title=Slightly Weathered ''Exxon Valdez'' Oil Persists in Gulf of Alaska Beach Sediments after 16 Years|last1=Short |first1=Jeffrey W. |s2cid=19133912 |display-authors=et al |journal=] |date=January 19, 2007 |volume=41 |issue=4 |pages=1245–1250 |publisher=American Chemical Society |issn=0013-936X|doi=10.1021/es0620033 |pmid=17593726 |bibcode=2007EnST...41.1245S }}</ref><ref name=Peterson >{{cite journal |last1=Peterson |first1=Charles H. |last2=Rice |first2=Stanley D. |last3=Short |first3=Jeffrey W. |s2cid=13007077 |display-authors=et al |title=Long-Term Ecosystem Response to the Exxon Valdez Oil Spill |journal=] |date=December 19, 2003 |volume=302 |issue=5653 |pages=2082–2086 |doi=10.1126/science.1084282 |pmid=14684812 |bibcode=2003Sci...302.2082P }}</ref> | |||
Exxon's official position is that punitive damages greater than $25 million are not justified because the spill resulted from an accident, and because Exxon spent an estimated $2 billion cleaning up the spill, along with a further $1 billion to settle civil and criminal charges related to the case. Attorneys for the plaintiffs contended that Exxon bore responsibility for the accident because the company "put a drunk in charge of a tanker in Prince William Sound."<ref>'']'': Retrieved May 31, 2007.</ref> | |||
] | |||
The remaining oil lasting far longer than anticipated has resulted in more long-term losses of species than had been expected. Laboratory experiments found that at levels as low as one part per billion, ] are toxic for salmon and herring eggs. Species as diverse as sea otters, harlequin ducks, and orcas suffered immediate and long-term losses. Oiled mussel beds and other tidal shoreline habitats may take up to 30 years to recover.<ref name=Peterson /> | |||
Exxon recovered a significant portion of clean-up and legal expenses through insurance claims<ref>D.G. King Reinsurance Company: Retrieved May 31, 2007.</ref> and tax deductions for the loss of the Valdez.<ref>SEC: Retrieved May 31, 2007.</ref> Also, in 1991, Exxon made a separate financial settlement with a group of seafood producers known as the ] for the disaster's impact on the Alaskan seafood industry. The agreement granted $63.75 million to the Seattle Seven but stipulated that the seafood companies would have to repay almost all of any punitive damages to Exxon.<ref>'']'': The Seattle Seven made out very well back in 1991. Other fish buyers, such as Cook Inlet Seafood Services, buying fish for Seafoods From Alaska and other processors were put into a mandatory class action and offered six cents on the dollar of what their claim was and have been waiting since 1989 for any kind of closure. Cook Inlet Seafood Services lost in excess of $977,000 due to the oil spill. Seafoods From Alaska went out of business shortly after the spill. Cook Inlet Seafood Service's councel,FAEGRE AND BENSON,in a letter dated Jan. 31, 1995 wrote "Judge Holland's rulings are a huge victory for the plaintiffs" Larry Powers of Cook Inlet Seafood Services, in 2005 was offered six cents on the dollar of what his claim was. He was told that his class only has that much to ditrubute. He doesn't think ninety four percent is a victoty. Retrieved May 31, 2007.</ref> | |||
] denied concerns over the remaining oil, stating that they anticipated the remaining fraction would not cause long-term ecological impacts. According to the conclusions of ]'s study: "We've done 350 peer-reviewed studies of Prince William Sound, and those studies conclude that Prince William Sound has recovered, it's healthy and it's thriving."<ref name="still" /> | |||
==Ship== | |||
In the aftermath of the Exxon Valdez incident, the ] passed the ], including a clause prohibiting vessels that had caused oil spills of more than one million U.S. gallons (3,800 m³). In April 1998, the company argued in a legal action against the U.S. government that the ship should be allowed back to Valdez, since the regulation was unfairly directed at Exxon alone (no other ships meet this criterion). The Oil Pollution Act also set a schedule for the gradual phase in of a double-hull design, providing an additional layer between the oil tanks and the ocean. While a double hull would likely not have prevented the Valdez disaster, a Coast Guard study estimated that it would have cut the amount of oil spilled by 60 percent.<ref>'']'': Retireved May 31, 2007.</ref> | |||
On March 24, 2014, the twenty-fifth anniversary of the spill, ] scientists reported that some species seem to have recovered, with the sea otter the latest creature to return to pre-spill numbers. Scientists who have monitored the spill area for the last 25 years report that concern remains for one of two pods of local orca whales, with fears that one pod may eventually die out.<ref>{{cite web|url=https://www.pbs.org/newshour/updates/25-years-later-scientists-remember-exxon-valdez-spill/#the-rundown|title=25 years later, scientists still spot traces of oil from Exxon Valdez spill|website=]|date=2014-03-24}}</ref> Federal scientists estimate that between 16,000 and 21,000 US gallons (61 to 79 m<sup>3</sup>) of oil remains on beaches in Prince William Sound and up to 450 miles (725 km) away. Some of the oil does not appear to have biodegraded at all. A ] scientist who analyses the remaining oil along the coastline states that it remains among rocks and between tide marks. "The oil mixes with seawater and forms an emulsion...Left out, the surface crusts over but the inside still has the consistency of mayonnaise – or mousse."<ref name=autogenerated1>{{cite news|url=https://www.telegraph.co.uk/news/worldnews/northamerica/usa/10717219/Exxon-Valdez-25-years-after-the-Alaska-oil-spill-the-court-battle-continues.html |archive-url=https://ghostarchive.org/archive/20220112/https://www.telegraph.co.uk/news/worldnews/northamerica/usa/10717219/Exxon-Valdez-25-years-after-the-Alaska-oil-spill-the-court-battle-continues.html |archive-date=January 12, 2022 |url-access=subscription |url-status=live|title=Exxon Valdez – 25 years after the Alaska oil spill, the court battle continues|date=2014-03-23|last1=Walters|first1=Joanna}}{{cbignore}}</ref> Alaska state senator Berta Gardner is urging Alaskan politicians to demand that the US government force ExxonMobil to pay the final $92 million (£57 million) still owed from the court settlement. The major part of the money would be spent to finish cleaning up oiled beaches and attempting to restore the crippled herring population.<ref name=autogenerated1 /> | |||
The Exxon Valdez supertanker was towed to ], arriving on ] and repairs began in ], 1989. Approximately 1,600 tons of steel were removed and replaced. In June 1990 the tanker, renamed ''SeaRiver Mediterranean'', left harbor after $30 million of repairs. She has since been renamed ''Mediterranean'', and is still sailing as of August 2007. She is still owned by the ExxonMobil group. | |||
As of 2012, the indirect and long-term sublethal effects of oil on shorebirds had been measured in relatively few studies.<ref name="oclc_7791645445">{{cite journal|first1=Jessica R.|last1=Henkel|first2= Bryan J.|last2=Sigel|first3=Caz M.|last3=Taylor |title=Large-Scale Impacts of the Deepwater Horizon Oil Spill: Can Local Disturbance Affect Distant Ecosystems through Migratory Shorebirds?|journal=BioScience|volume= 62|issue= 7|date=July 1, 2012|pages= 676–685|doi=10.1525/bio.2012.62.7.10|oclc=7791645445|issn=0006-3568|jstor=10.1525/bio.2012.62.7.10|s2cid=8059072|doi-access=free}}</ref> | |||
==Environmental impact== | |||
] | |||
Both the long and short-term effects of the oil spill have been studied comprehensively. Thousands of ] ] immediately; the best estimates include 250,000–500,000 ]s, 2,800–5,000 ]s, approximately 12 ]s, 300 ], 250 ]s, and 22 ]s, as well as the destruction of billions of ] and ] eggs.{{Fact|date=August 2007}} Due to a thorough cleanup, little visual evidence of the event remained in areas frequented by humans just one year later, but the effects of the spill continue to be felt today. In the long term, reductions in population have been seen in various ocean animals, including stunted growth in pink salmon populations. However, ExxonMobil claims in a recent statement that "The environment in Prince William Sound is healthy, robust and thriving. That's evident to anyone who's been there..."<ref name=ExxonMobil>{{cite web | |||
|url=http://www.exxonmobil.com/corporate/Newsroom/NewsReleases/Corp_NR_Condition.asp | |||
|title=ExxonMobil Statement - The Condition of Prince William Sound | |||
|date=(undated 2005?) | |||
|language=English | |||
}}</ref>Sea otters and ducks also showed higher ]s in following years, partly because they ingested contaminated creatures. Many animals were also exposed to oil when they dug up their prey in dirty soil. | |||
==Litigation and cleanup costs== | |||
Researchers said some shoreline ]s, such as contaminated ] beds, could take up to 30 years to recover.{{Fact|date=August 2007}} Almost 15 years after the spill, scientists at the University of North Carolina has found that the Exxon Valdez oil spill impacts are lasting far longer than expected.<ref>David Williamson UNC Press Release, Dec. 18, 2003</ref> | |||
] | |||
In October 1989, Exxon filed a suit against the State of ], claiming that the state had interfered with Exxon's attempts to clean up the spill by refusing to approve the use of dispersant chemicals until the night of the 26th. The State of Alaska disputed this claim, stating that there was a long-standing agreement to allow the use of dispersants to clean up spills, thus Exxon did not require permission to use them, and that, in fact, Exxon had not had enough dispersant on hand to effectively handle a spill of the size created by ''Exxon Valdez''.<ref name=exxonvalaska>{{cite news|title=Exxon Sues Alaska, Charging Cleanup Delay|url=https://www.nytimes.com/1989/10/25/us/exxon-sues-alaska-charging-cleanup-delay.html|newspaper=New York Times|date=October 25, 1989|access-date=October 15, 2016}}</ref> | |||
ExxonMobil suggests quite the contrary in a recent statement, "...science has learned in Alaska and elsewhere is that while oil spills can have acute short-term effects, the environment has remarkable powers of recovery." <ref name=ExxonMobil/> While it will take years for a solid long term study, some interim effects have already been noted. ] is once again growing on boulders where the spill occurred, though pink ] harvests have varied in the years since the spill.{{Fact|date=August 2007}} | |||
Exxon filed claims in October 1990 against the Coast Guard, asking to be reimbursed for cleanup costs and damages awarded to plaintiffs in any lawsuits filed by the State of Alaska or the federal government against Exxon. The company claimed that the Coast Guard was "wholly or partially responsible" for the spill, because they had granted mariners' licenses to the crew of the Valdez, and because they had given ''Exxon Valdez'' permission to leave regular shipping lanes to avoid ice. They also reiterated the claim that the Coast Guard had delayed cleanup by refusing to give permission to immediately use chemical dispersants on the spill.<ref name="exxonvalaska2">{{cite news|title=Exxon, Blaming Coast Guard, Says U.S. Is Liable in Alaska Spill|url=https://www.nytimes.com/1990/10/02/us/exxon-blaming-coast-guard-says-us-is-liable-in-alaska-spill.html|newspaper=New York Times|date=October 2, 1990|access-date=October 15, 2016}}</ref> | |||
==Other impacts== | |||
The Oil, Chemical, and Atomic Workers Union, representing approximately 40,000 workers nationwide, announced opposition to drilling in the ] (ANWR) until Congress enacted a comprehensive national energy policy. In the aftermath of the spill, Alaska governor ] issued an executive order requiring two ] to escort every loaded tanker from Valdez out through Prince William Sound to Hinchinbrook Entrance. As the plan evolved in the 1990s, one of the two routine tugboats was replaced with a 210 foot (64 m) Escort Response Vehicle (ERV). The majority of tankers at Valdez are still single-hulled, but Congress has enacted legislation requiring all tankers to be double-hulled by 2015. | |||
Also, in 1991, Exxon made a quiet, separate financial settlement of damages with a group of seafood producers known as the ] for the disaster's effect on the Alaskan seafood industry. The agreement granted $63.75 million to the Seattle Seven, but stipulated that the seafood companies would have to repay almost all of any punitive damages awarded in other civil proceedings. The $5 billion in punitive damages was awarded later, and the Seattle Seven's share could have been as high as $750 million if the damages award had held. Other plaintiffs have objected to this secret arrangement,<ref name="AUTOREF16" /> and when it came to light, Judge Holland ruled that Exxon should have told the jury at the start that an agreement had already been made, so the jury would know exactly how much Exxon would have to pay.<ref name="9th" /> | |||
In 1991, following the collapse of the local ] population (particularly ]s, ], and ]s) the ] Native American group went ]<ref>Doug Loshbaugh </ref> | |||
In the case of '']'', an ] jury awarded $287 million for ] and $5 billion for ]. To protect itself in case the judgment was affirmed, Exxon obtained a $4.8 billion credit line from ], who created the first modern ] so that they would not have to hold as much money in reserve against the risk of Exxon's default.<ref name="AUTOREF13" /> | |||
Many of the ] methods used to value contaminated property and ] were developed as a result of and following the Exxon Valdez Oil Spill. The use of survey research (e.g. -- ] and conjoint measurement) became a well accepted appraisal method as a result of the complex valuation problems associated with contamination<ref>]</ref><ref>David McLean and ], The Addition of Contingent Valuation and Conjoint Measurement to the Body of Knowledge for Real Estate Appraisal, ''Journal of Real Estate Practice and Education'', 1999</ref> | |||
Meanwhile, Exxon appealed the ruling, and the ] ordered the trial judge, ], to reduce the punitive damages. On December 6, 2002, Holland announced that he had reduced the damages to $4 billion, which he concluded was justified by the facts of the case and was not grossly excessive. Exxon appealed again and the case returned to Holland to be reconsidered in light of a recent ] ruling in a similar case. Holland increased the punitive damages to $4.5 billion, plus interest.<ref>{{Cite web|url=https://www.nytimes.com/2004/01/29/us/4.5-billion-award-set-for-spill-of-exxon-valdez.html|title=$4.5 Billion Award Set For Spill of Exxon Valdez|last=Liptak|first=Adam|date=29 January 2004|website=The New York Times|access-date=3 December 2019}}</ref> | |||
==External links== | |||
* | |||
After more appeals, in December 2006 the damages award was cut to $2.5 billion. The court of appeals cited recent Supreme Court rulings relative to limits on punitive damages.<ref>{{cite web|url=https://law.resource.org/pub/us/case/reporter/F3/490/490.F3d.1066.04-35183.04-35182.html|title=490 F.3d 1066|website=law.resource.org|access-date=May 28, 2016}}</ref> | |||
* — Reports on various oil spills worldwide, including the Exxon Valdez spill. | |||
* | |||
Exxon appealed again. On May 23, 2007, the 9th Circuit Court of Appeals denied ExxonMobil's request for a third hearing and let stand its ruling that Exxon owed $2.5 billion in punitive damages. Exxon then appealed to the Supreme Court, which agreed to hear the case.<ref name="cert" /> On February 27, 2008, the Supreme Court heard oral arguments. ] ], who at the time owned between $100,000 and $250,000 in Exxon stock, recused himself from the case.<ref name="scotus" /> In a decision issued June 25, 2008, written by Justice ], the court vacated the $2.5 billion award and remanded the case back to the lower court, finding that the damages were excessive with respect to ]. Exxon's actions were deemed "worse than negligent but less than malicious."<ref name="latimes 080626" /> The punitive damages were further reduced to an amount of $507.5 million.<ref name="scotusopinion" /> The Court's ruling was that maritime punitive damages should not exceed the compensatory damages,<ref name="scotusopinion" /> supported by a precedent dating from 1818.{{citation needed|date=January 2022}} ] Chairman ] has decried the ruling as "another in a line of cases where this Supreme Court has misconstrued congressional intent to benefit large corporations."<ref name="AUTOREF14" /> | |||
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Exxon's official position was that punitive damages greater than $25 million were not justified because the spill resulted from an accident, and because Exxon spent an estimated $2 billion cleaning up the spill and a further $1 billion to settle related civil and criminal charges. Attorneys for the plaintiffs contended that Exxon bore responsibility for the accident because the company "put a drunk in charge of a tanker in Prince William Sound."<ref name="AUTOREF15" /> Exxon recovered a significant portion of clean-up and legal expenses through insurance claims associated with the grounding of ''Exxon Valdez''.<ref name="hfw" /><ref name="10K" /> | |||
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As of December 15, 2009, Exxon had paid the entire $507.5 million in punitive damages, including lawsuit costs, plus interest, which were further distributed to thousands of plaintiffs.<ref name=EQSFnews>{{cite web|title=News and Information|url=http://www.exspill.com/News/tabid/1901/Default.aspx|publisher=Exxon Qualified Settlement Fund|access-date=March 21, 2013|quote=December 15, 2009 Exxon has now paid to the EQSF all monies owed in the EVOS litigation pursuant to the punitive damages judgment|archive-date=August 26, 2013|archive-url=https://web.archive.org/web/20130826073822/http://exspill.com/News/tabid/1901/Default.aspx|url-status=dead}}</ref> This amount was one-tenth of the original punitive damages, Exxon remained hugely profitable, the process of payment was drawn out over decades, and long term damage continues and is not funded by Exxon. Hence, the Exxon spill is often cited as shorthand for corporate responsibility for societal damage not being enforced adequately.<ref>{{cite web | url=https://archive.thinkprogress.org/25-years-after-exxon-valdez-oil-spill-company-still-hasnt-paid-for-long-term-environmental-damages-b5a325b28ee1/ | title=25 Years After Exxon Valdez Oil Spill, Company Still Hasn't Paid for Long-Term Environmental Damages | date=July 15, 2013 }}</ref> | |||
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==Political consequences and reforms== | |||
* | |||
===Coast Guard report=== | |||
* | |||
A 1989 report by the Coast Guard's ] summarized the event and made many recommendations, including that neither Exxon, ], the State of Alaska, nor the federal government were prepared for a spill of this magnitude.<ref>{{cite book |last1=The National Response Team |title=The Exxon Valdez Oil Spill May 1989 – A Report to the President |url=https://books.google.com/books?id=1i-6NdG0YiwC&pg=PP1 |website=National Service Center for Environmental Publications |year=1989 |publisher=Department of Transportation, Environmental Protection Agency |access-date=6 April 2021}}</ref><ref name="corps">{{cite book |last1=McDonnell |first1=Janet A. |title=The U.S. Army Corps of Engineers response to the Exxon Valdez oil spill |date=1992 |publisher=United States Army Corps of Engineers |location=Fort Belvoir, Virginia |isbn=978-1410222534 |url=https://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_870-1-41.pdf |access-date=6 April 2021}}</ref> | |||
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===Oil Pollution Act of 1990=== | |||
In response to the spill, the ] passed the ] (OPA). The legislation included a clause that prohibits any vessel that, after March 22, 1989, has caused an oil spill of more than {{convert|1|e6USgal|m3}} in any marine area, from operating in Prince William Sound.<ref name="opa" /> | |||
In April 1998, the company argued in a legal action against the federal government that the ship should be allowed back into Alaskan waters. Exxon claimed OPA was effectively a ], a regulation that was unfairly directed at Exxon alone.<ref name="attainder" /> In 2002, the 9th Circuit Court of Appeals ruled against Exxon. As of 2002, OPA had prevented 18 ships from entering Prince William Sound.<ref name="nyt" /> | |||
OPA also set a schedule for the gradual phase-in of a ] design, providing an additional layer between the oil tanks and the ocean. While a double hull would likely not have prevented the ''Exxon Valdez'' disaster, a Coast Guard study estimated that it would have cut the amount of oil spilled by 60 percent.<ref name="AUTOREF17" /> | |||
'']'' was towed to San Diego, arriving on July 10. Repairs began on July 30. Approximately {{convert|1600|ST|t|lk=on}} of steel were removed and replaced. In June 1990, the tanker, renamed ''Exxon Mediterranean'', left the harbor after $30 million of repairs.<ref name="nyt" /> In 1993, owned by SeaRiver Maritime, it was named ''S/R Mediterranean'', then in 2005 ''Mediterranean''. In 2008 the vessel was acquired by a Hong Kong company that operated her as ''Dong Fang Ocean'', then in 2011 renamed her ''Oriental Nicety''. In August 2012, she was beached at ], and dismantled. | |||
===Alaska regulations=== | |||
In the aftermath of the spill, Alaska governor ] issued an executive order requiring two ]s to escort every loaded tanker from Valdez out through Prince William Sound to Hinchinbrook Entrance. As the plan evolved in the 1990s, one of the two routine tugboats was replaced with a {{convert|210|ft|adj=on}} Escort Response Vehicle (ERV). Tankers at Valdez are no longer single-hulled. Congress enacted legislation requiring all tankers to be ] as of 2015.<ref>{{cite book|last1=Fargo Balliett|first1=James|title=Oceans: Environmental Issues, Global Perspectives|date=2014|publisher=Routledge|isbn=9781317463665|page=51}}</ref> | |||
==Economic and Native impact== | |||
In 1991, following the collapse of populations of local marine species (particularly clams, herring, and seals), the ], an ], filed for ]. It has since recovered.<ref name="AUTOREF19" /> | |||
According to several studies funded by the state of Alaska, the spill had both short-term and long-term economic effects. These included the loss of ]s, fisheries, reduced tourism, and an estimate of what economists call "]", which is the value to the public of a pristine Prince William Sound.<ref>1994, Victor Goldberg, The Journal of Legal Studies, Recovery for Economic Loss Following the Exxon ‘Valdez’ Oil Spill"</ref><ref name="fisheries" /><ref name="tourism" /><ref name="AUTOREF20" /> | |||
The economy of the city of ], Alaska was adversely affected after the spill damaged stocks of ] and ] in the area.<ref>{{cite web|url=https://www.npr.org/2014/03/24/292411071/25-years-after-spill-alaska-town-struggles-back-from-dead-zone|title=25 Years After Spill, Alaska Town Struggles Back From 'Dead Zone'|website=NPR.org |access-date=January 21, 2017}}</ref><ref>{{cite web|url=http://www.wbur.org/hereandnow/2014/03/24/exxon-spill-anniversary|title=Native Alaskans Still Reeling 25 Years After Exxon-Valdez Oil Spill|website=www.wbur.org|date=March 24, 2014 |language=en|access-date=January 21, 2017}}</ref> The village of ] was transformed into an emergency base and media outlet. The local villagers had to cope with a tripling of their population from 80 to 250. When asked how they felt about the situation, a village councilor noted that they were too shocked and busy to be depressed; others emphasized the human costs of leaving children unattended while their parents worked to clean up.<ref>{{Cite journal|last1=Daley|first1=Patrick|last2=O'Neill|first2=Dan|date=December 1, 1991|title="Sad Is Too Mild a Word": Press Coverage of the Exxon Valdez Oil Spill|url=http://academic.oup.com/joc/article/41/4/42/4210081|journal=Journal of Communication|language=en|volume=41|issue=4|pages=42–57|doi=10.1111/j.1460-2466.1991.tb02330.x|issn=0021-9916}}</ref> Many Alaska Natives were worried that too much time was spent on the fishery and not enough on the land that supports subsistence hunting. | |||
In 2010, ] reported on studies concluding that many oil spill cleanup workers involved in the ''Exxon Valdez'' response had subsequently become sick, and warned those exposed to the ] to take heed. Anchorage lawyer Dennis Mestas found that this was true for 6,722 of 11,000 worker files he was able to inspect, despite access to the records being controlled by Exxon. Exxon denied this in a statement to ]: | |||
{{Blockquote|After 20 years, there is no evidence suggesting that either cleanup workers or the residents of the communities affected by the Valdez spill have had any adverse health effects as a result of the spill or its cleanup.<ref>{{cite web|title = Critics call Valdez cleanup a warning for Gulf workers|url = http://edition.cnn.com/2010/US/07/07/oil.spill.valdez.workers/|publisher=CNN |access-date=December 10, 2015}}</ref>}} | |||
Environmental activists and State officials became concerned that ] would use similar techniques to minimize liability and de-emphasize health impacts: {{Blockquote| the symptoms being reported in the Gulf states are the same ones that hit workers in Alaska. And just like then, people with their backs against the wall financially are flocking to the take jobs with the cleanup... I'm feeling like BP is forcing them into this situation where BP holds all the cards, and BP is letting these workers get sick}} | |||
==Reactions== | |||
In 1992, Exxon released a video titled ''Scientists and the Alaska Oil Spill'' for distribution to schools. Critics said the video misrepresented the clean-up process.<ref name="AUTOREF10" /> | |||
In December 1994, the ] assassinated ] executive ], accusing him of having "helped Exxon clean up its public image after the ''Exxon Valdez'' incident".<ref>{{cite news |title=Reputed 'Manifesto' Recovered |first1=Pierre |last1=Thomas |first2=Benjamin |last2=Weiser|url=https://www.washingtonpost.com/wp-srv/national/longterm/unabomber/bkgrdstories.manifesto.htm |newspaper=The Washington Post |date=April 13, 1996 |page=A01 |access-date=January 28, 2011}}</ref> | |||
=== In popular culture === | |||
Several weeks after the spill, '']'' aired a pointed sketch featuring ], ], and ] as cleanup workers struggling to scrub the oil off of animals and rocks on a beach in Prince William Sound.<ref>{{cite news |last1=Nealon |first1=Kevin |title=Joseph Hazelwood Sketches |url=http://www.nbc.com/saturday-night-live/cast/kevin-nealon-15096/impersonation/joseph-hazelwood-193926 |access-date=5 June 2019 |work=Saturday Night Live |date=15 April 1989}}</ref> | |||
In the '']'' episode, "Rocko's Happy Sack", ] and his dog, ] are grocery shopping when the announcer informs everyone of a "spill in the seafood section", represented by a giant oil tanker labeled "Noxxon Valdez". | |||
In the 1995 film '']'', ''Exxon Valdez'' is the flagship of the movie's villain, "The Deacon," the leader of a band of scavenging raiders. In the ship is a portrait of their patron saint, ].<ref>{{cite magazine |last1=Wells |first1=Jeffrey |title=Joseph Hazelwood memorialized in ''Waterworld'' |url=https://ew.com/article/1995/08/25/joseph-hazelwood-memorialized-waterworld/ |access-date=5 June 2019 |magazine=Entertainment Weekly |date=25 August 1995}}</ref> | |||
'']'', sequel to '']'', contained an oil spill plotline that echoes the ''Exxon Valdez'' oil spill. | |||
In the second ] novel, '']'' by ], Gump commandeers ''Exxon Valdez'' and accidentally crashes it.<ref>{{cite news|last1=Hiaasen|first1=Rob|title=Remaking history with Gump sequel|url=https://www.baltimoresun.com/1995/08/12/remaking-history-with-gump-sequel/|access-date=March 31, 2018|work=]|date=August 12, 1995}}</ref> | |||
Composer ] wrote a song called "Iron Mike" about the oil spill. The song is written in the style of a ]. It was first professionally recorded by ] for the album ''The Jonathan Larson Project''.<ref>{{cite news|last1=Gordon|first1=David|title=Hear George Salazar Sing "Iron Mike" From Jonathan Larson Project Album|url=https://www.theatermania.com/new-york-city-theater/news/exclusive-hear-george-salazar-sing-iron-mike_88311.html|access-date=April 6, 2019|work=Theater Mania|date=April 4, 2019}}</ref> | |||
The 1992 made-for-television film '']'', produced by ], dramatized the oil spill disaster. | |||
In season 2, episode 8, of '']'', entitled "]", ] tells ] that Jesse's friend Badger, who had been caught in a drug deal with their methamphetamine and placed under arrest, is going to spill like the ''Exxon Valdez''.<ref>{{Citation|title=Breaking Bad - Saul Meets Walter|url=https://www.youtube.com/watch?v=lqMq6jLUcg8|language=en|access-date=2022-02-22}}</ref> | |||
==See also== | |||
* ] | |||
* ] | |||
* ] | |||
* ''],'' 1992 ] movie | |||
*] | |||
*] | |||
==References== | ==References== | ||
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<ref name="faq">{{cite web |title = Questions and Answers about the Spill |url = http://www.evostc.state.ak.us/facts/qanda.cfm |work = History of the Spill |publisher = Exxon Valdez Oil Spill Trustee Council |access-date = May 26, 2009 |archive-date = February 24, 2012 |archive-url = https://web.archive.org/web/20120224051448/http://www.evostc.state.ak.us/facts/qanda.cfm |url-status = dead }}</ref> | |||
<ref name="SpillAroundUs">{{Cite news | author=Brandon Keim | title=The ''Exxon Valdez'' Spill Is All Around Us | url=https://www.wired.com/wiredscience/2009/03/valdezlegacy/ | work=Wired Science | date=March 24, 2009 | access-date=June 29, 2010}}</ref> | |||
<!--ref name="AUTOREF1">, 2002, , Retrieved July 21, 2010</ref--> | |||
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<ref name="latimes 080626">{{Cite news | author =Savage, David G.| title =Justices slash ''Exxon Valdez'' verdict| work =]| publisher =]| date=June 26, 2008| url =https://www.latimes.com/archives/la-xpm-2008-jun-26-na-valdez26-story.html| access-date =June 26, 2008}}</ref> | |||
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<ref name="10K">{{cite web| title =Exxon Corporation 1993 Form 10-K| work =]| publisher =]| date =March 11, 1994| url =http://yahoo.brand.edgar-online.com/fetchFilingFrameset.aspx?FilingID=512563&Type=HTML| access-date =March 10, 2008 |archive-url = https://web.archive.org/web/20080304025742/http://yahoo.brand.edgar-online.com/fetchFilingFrameset.aspx?FilingID=512563&Type=HTML <!-- Bot retrieved archive --> |archive-date = March 4, 2008}}</ref> | |||
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<ref name="9th">, CV-89-00095-HRH (9th Cir. 2006).</ref> | |||
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<ref name="nyt">{{Cite news | title =Exxon Valdez Is Barred From Alaska Sound|work=The New York Times | date =November 2, 2002| url =https://query.nytimes.com/gst/fullpage.html?res=9904EEDC163EF931A35752C1A9649C8B63| access-date=March 10, 2008}}</ref> | |||
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<ref name="AUTOREF19">{{Cite news |last=Loshbaugh |first =Doug| title =School of Hard Knocks| work =]| year =2000| url=http://www.juneaualaska.com/between/chugach.shtml| access-date =May 18, 2010 |archive-url=https://web.archive.org/web/20070927134153/http://www.juneaualaska.com/between/chugach.shtml |archive-date=September 27, 2007}}</ref> | |||
<ref name="fisheries">{{cite web| last =Carson| first =Richard| author2 =Hanemann, W. Michael| title =A Preliminary Economic Analysis of Recreational Fishing Losses Related to the ''Exxon Valdez'' Oil Spill| publisher =Exxon Valdez Oil Spill Trustee Council| date =December 18, 1992| url =http://www.evostc.state.ak.us/Universal/Documents/Publications/Economic/Econ_Fishing.pdf| access-date =March 10, 2008| archive-date =September 28, 2021| archive-url =https://web.archive.org/web/20210928155309/https://evostc.state.ak.us/Universal/Documents/Publications/Economic/Econ_Fishing.pdf| url-status =dead}}</ref> | |||
<ref name="tourism">{{cite web| title =An Assessment of the Impact of the ''Exxon Valdez'' Oil Spill on the Alaska Tourism Industry| publisher =Exxon Valdez Oil Spill Trustee Council| date =August 1990| url =http://www.evostc.state.ak.us/Universal/Documents/Publications/Economic/Econ_Tourism.pdf| access-date =March 10, 2008| archive-date =September 28, 2021| archive-url =https://web.archive.org/web/20210928155217/https://evostc.state.ak.us/Universal/Documents/Publications/Economic/Econ_Tourism.pdf| url-status =dead}}</ref> | |||
<ref name="AUTOREF20">{{cite web|title=Economic Impacts of Spilled Oil |work=Publications |publisher=Exxon Valdez Oil Spill Trustee Council |url=http://www.evostc.state.ak.us/Publications/economic.cfm |access-date=March 10, 2008 |url-status=dead |archive-url=https://web.archive.org/web/20070630045759/http://www.evostc.state.ak.us/Publications/economic.cfm |archive-date=June 30, 2007}}</ref> | |||
|colwidth=30em}} | |||
==Further reading== | |||
*{{cite magazine|title=Tragedy in Alaska Waters|first=Douglas B.|last=Lee|magazine=]|pages=260–263|volume=176|issue=2|date=August 1989|issn=0027-9358|oclc=643483454}} | |||
==External links== | |||
{{commons category|Exxon Valdez (ship, 1986)}} | |||
* | |||
* {{Webarchive|url=https://web.archive.org/web/20150422100518/http://evostc.state.ak.us/ |date=April 22, 2015 }} | |||
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* {{Internet Archive short film|id=org.c-span.12027-1|name=Exxon Valdez Oil Spill Assessment (April 24, 1990)}} | |||
* {{Internet Archive short film|id=org.c-span.11637-1|name=Exxon Valdez: One Year Later (March 22, 1990)}} | |||
* from the Alaska Resources Library and Information Services (ARLIS) | |||
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Latest revision as of 00:25, 21 December 2024
1989 industrial disaster in Alaska
Exxon Valdez oil spill | |
---|---|
U.S. Navy landing craft anchored ashore as numerous personnel position hoses during oil clean-up efforts on Smith Island on May 11, 1989 | |
Location | Prince William Sound, Alaska |
Coordinates | 60°50′24″N 146°51′45″W / 60.8400°N 146.8625°W / 60.8400; -146.8625 |
Date | March 24, 1989; 35 years ago (1989-03-24) |
Cause | |
Cause | Grounding of the Exxon Valdez oil tanker |
Operator | Exxon Shipping Company |
Spill characteristics | |
Volume | 10.8×10 |
Shoreline impacted | 1,300 mi (2,100 km) |
The Exxon Valdez oil spill was a major environmental disaster that occurred in Alaska's Prince William Sound on March 24, 1989. The spill occurred when Exxon Valdez, an oil supertanker owned by Exxon Shipping Company, bound for Long Beach, California, struck Prince William Sound's Bligh Reef, 6 mi (9.7 km) west of Tatitlek, Alaska at 12:04 a.m. The tanker spilled more than 10 million US gallons (240,000 bbl) (or 37,000 tonnes) of crude oil over the next few days.
The Exxon Valdez spill is the second largest in U.S. waters, after the 2010 Deepwater Horizon oil spill, in terms of volume of oil released. Prince William Sound's remote location, accessible only by helicopter, plane, or boat, made government and industry response efforts difficult and made existing response plans especially hard to implement. The region is a habitat for salmon, sea otters, seals, and seabirds. The oil, extracted from the Prudhoe Bay Oil Field, eventually affected 1,300 miles (2,100 km) of coastline, of which 200 miles (320 km) were heavily or moderately oiled.
Spill
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Exxon Valdez was carrying 53.1 million US gallons (1,260,000 bbl; 201,000 m) of oil, of which approximately 10.8 million US gallons (260,000 bbl; 41,000 m) were spilled into the Prince William Sound.
The ship docked at the Valdez Marine Terminal at 11:30 p.m. on March 22, 1989. Loading of crude oil was completed late in the day on the 23rd. The tanker left the terminal at 9:12 p.m., March 23, 1989 (the deck log shows that it was clear of the dock at 9:21 p.m.), loaded with 53,094,510 gallons (1,264,155 barrels) of crude oil. Captain Joseph Hazelwood retired to his cabin at 9:25 p.m. Harbor pilot William Murphy and Third Mate Gregory Cousins were accompanied by a single tug for the passage through the Valdez Narrows – a journey of about 7 miles. The pilot left the bridge shortly after the vessel left the narrows, at 11:24 p.m. At this point, the captain was called to the bridge. Cousins helped the pilot disembark from the vessel, leaving the captain as the only officer on the bridge. At 11:25 p.m. Exxon Valdez reported that the pilot had left. The third mate advised traffic control and decided to deviate from the predetermined traffic lane to avoid small icebergs; a common occurrence since the Columbia Glacier calved such icebergs nearby. The vessel was placed on a due south course and set on autopilot. At 11:47 p.m. the vessel left the traffic lane's eastern boundary.
Third Mate Cousins had been on duty for 6 hours and was scheduled to be relieved by Second Mate Lloyd LeCain Jr. However, due to the long hours that the second mate had worked, Cousins was reluctant to wake him, and remained on duty. Cousins was the only officer on the bridge for most of the night, in violation of company policy. At around midnight on March 24 Cousins began to maneuver the vessel into the traffic lanes. At the same time, the lookout reported that the Bligh Reef light appeared far off the starboard bow at 45 degrees – this was problematic given that the light should have been off the port side. Cousins ordered a course change as the ship was in danger. Captain Hazelwood was phoned by Cousins, but before their conversation could finish, the ship grounded. At 12:04 a.m., accompanied by what the helmsman and Cousins described as "a bumpy ride" and "six very sharp jolts" respectively, the ship ran aground on Bligh Reef.
Carried by its own momentum, the ship ended up perched on its middle on a pinnacle of rock. 8 out of 11 cargo holds were punctured. 5.8 million gallons of oil drained from the ship within 3 hours and 15 minutes. 30 minutes after numerous attempts to dislodge the ship under her own power, Captain Hazelwood radioed the Coast Guard informing them of the grounding. For more than 45 minutes after the grounding, the captain attempted to maneuver free of the reef despite being informed by First Mate James Kunkel that the vessel was not structurally sound without the reef supporting it.
Multiple factors have been identified as contributing to the incident:
- Exxon Shipping Company failed to supervise the master (ship's captain) and provide a rested and sufficient crew for Exxon Valdez. The NTSB found this practice was widespread throughout the industry, prompting a safety recommendation to Exxon and to the industry.
- The third mate failed to properly maneuver the vessel, possibly due to fatigue or excessive workload.
- Exxon Shipping Company failed to properly maintain the Raytheon Collision Avoidance System (RAYCAS) radar, which, if functional, would have indicated to the third mate an impending collision with the Bligh Reef by detecting the radar reflector placed on the next rock inland from Bligh Reef for the purpose of keeping ships on course. This cause was brought forward by Greg Palast and is not presented in the official accident report.
Captain Hazelwood, who was widely reported to have been drinking heavily that night, was not at the controls when the ship struck the reef. Exxon blamed Hazelwood for the grounding of the tanker, but he accused the corporation of making him a scapegoat. In a 1990 trial he was charged with criminal mischief, reckless endangerment, and piloting a vessel while intoxicated, but was cleared of the three charges. He was convicted of misdemeanor negligent discharge of oil. 21 witnesses testified that he did not appear to be under the influence of alcohol around the time of the accident.
Journalist Greg Palast stated in 2008:
Forget the drunken skipper fable. As to Captain Joe Hazelwood, he was below decks, sleeping off his bender. At the helm, the third mate may never have collided with Bligh Reef had he looked at his RAYCAS radar. But the radar was not turned on. In fact, the tanker's radar was left broken and disabled for more than a year before the disaster, and Exxon management knew it. It was just too expensive to fix and operate.
Other factors, according to an MIT course entitled "Software System Safety" by Professor Nancy G. Leveson, included:
- Ships were not informed that the previous practice of the Coast Guard tracking ships out to Bligh Reef had ceased.
- The oil industry promised, but never installed, state-of-the-art iceberg monitoring equipment.
- Exxon Valdez was sailing outside the normal sea lane to avoid small icebergs thought to be in the area.
- Coast Guard vessel inspections in Valdez were not performed, and the number of staff was reduced.
- Lack of available equipment and personnel hampered the spill cleanup.
This disaster resulted in International Maritime Organization introducing comprehensive marine pollution prevention rules (MARPOL) through various conventions. The rules were ratified by member countries and, under International Ship Management rules, the ships are being operated with a common objective of "safer ships and cleaner oceans."
In 2009, Captain Hazelwood offered a "heartfelt apology" to the people of Alaska, suggesting he had been wrongly blamed for the disaster: "The true story is out there for anybody who wants to look at the facts, but that's not the sexy story and that's not the easy story," he said. Hazelwood said he felt Alaskans always gave him a fair shake.
Clean-up and major effects
Chemical dispersant, a surfactant and solvent mixture, was applied to the slick by a private company on March 24 with a helicopter, but the helicopter missed the target area. Scientific data on its toxicity were either thin or incomplete. In addition, public acceptance of new, widespread chemical treatment was lacking. Landowners, fishing groups, and conservation organizations questioned the use of chemicals on hundreds of miles of shoreline when other alternatives might have been available."
According to a report by David Kirby for TakePart, the main component of the Corexit formulation used during cleanup, 2-butoxyethanol, was identified as "one of the agents that caused liver, kidney, lung, nervous system, and blood disorders among cleanup crews in Alaska following the 1989 Exxon Valdez spill". It is now known that while 2-butoxyethanol is indeed a respiratory irritant that can be acutely toxic, animal studies did not find it to be mutagenic, and no studies suggest it to be a human carcinogen.
Mechanical cleanup was started shortly afterward using booms and skimmers, but the skimmers were not readily available during the first 24 hours following the spill, and thick oil and kelp tended to clog the equipment. Despite civilian insistence for a complete cleanup, only 10% of total oil was actually completely cleaned. Exxon was widely criticized for its slow response to cleaning up the disaster and John Devens, the mayor of Valdez, said his community felt betrayed by Exxon's inadequate response to the crisis. More than 11,000 Alaska residents, along with some Exxon employees, worked throughout the region to try to restore the environment.
Though the clean-up effort was diligent it failed to contain the majority of the oil that had spilled and that has been blamed heavily upon Exxon. On November 26, 1984, Ronald A. Kreizenbeck (Director, Alaska Operations Office) informed the Coast Guard that the EPA suspected, due to a recent site-visitation during an 'Annual Marine Drill' that the Port of Valdez was not prepared to "efficiently respond to a major spill event". In the letter, he stated that " appears that the Vikoma boom and/or deployment vessels used may not be adequate to handle the harsh environmental conditions of Port Valdez". Because Prince William Sound contained many rocky coves where the oil was collected, the decision was made to displace it with high-pressure hot water. However, this also displaced and destroyed the microbial populations on the shoreline; many of these organisms (e.g. plankton) are the basis of the coastal marine food chain, and others (e.g., certain bacteria and fungi) are capable of facilitating the biodegradation of oil. At the time, both scientific advice and public pressure was to clean everything, but since then, a much greater understanding of natural and facilitated remediation processes has developed, due somewhat in part to the opportunity presented for study by the Exxon Valdez spill.
Both long-term and short-term effects of the oil spill have been studied. Immediate effects include the deaths of between 100,000 and 250,000 seabirds, at least 2,800 sea otters, approximately 12 river otters, 300 harbor seals, 247 bald eagles, and 22 orcas, and an unknown number of salmon and herring.
Nine years after the disaster, evidence of negative oil spill effects on marine birds was found in the following species: cormorants, goldeneyes, mergansers, murres and pigeon guillemots.
Although the volume of oil has declined considerably, with oil remaining only about 0.14–0.28% of the original spilled volume, studies suggest that the area of oiled beach has changed little since 1992. A study by the National Marine Fisheries Service, NOAA in Juneau, determined that by 2001 approximately 90 tonnes of oil remained on beaches in Prince William Sound in the sandy soil of the contaminated shoreline, with annual loss rates declining from 68% per year prior to 1992, to 4% per year after 2001.
The remaining oil lasting far longer than anticipated has resulted in more long-term losses of species than had been expected. Laboratory experiments found that at levels as low as one part per billion, polycyclic aromatic hydrocarbons are toxic for salmon and herring eggs. Species as diverse as sea otters, harlequin ducks, and orcas suffered immediate and long-term losses. Oiled mussel beds and other tidal shoreline habitats may take up to 30 years to recover.
ExxonMobil denied concerns over the remaining oil, stating that they anticipated the remaining fraction would not cause long-term ecological impacts. According to the conclusions of ExxonMobil's study: "We've done 350 peer-reviewed studies of Prince William Sound, and those studies conclude that Prince William Sound has recovered, it's healthy and it's thriving."
On March 24, 2014, the twenty-fifth anniversary of the spill, NOAA scientists reported that some species seem to have recovered, with the sea otter the latest creature to return to pre-spill numbers. Scientists who have monitored the spill area for the last 25 years report that concern remains for one of two pods of local orca whales, with fears that one pod may eventually die out. Federal scientists estimate that between 16,000 and 21,000 US gallons (61 to 79 m) of oil remains on beaches in Prince William Sound and up to 450 miles (725 km) away. Some of the oil does not appear to have biodegraded at all. A USGS scientist who analyses the remaining oil along the coastline states that it remains among rocks and between tide marks. "The oil mixes with seawater and forms an emulsion...Left out, the surface crusts over but the inside still has the consistency of mayonnaise – or mousse." Alaska state senator Berta Gardner is urging Alaskan politicians to demand that the US government force ExxonMobil to pay the final $92 million (£57 million) still owed from the court settlement. The major part of the money would be spent to finish cleaning up oiled beaches and attempting to restore the crippled herring population.
As of 2012, the indirect and long-term sublethal effects of oil on shorebirds had been measured in relatively few studies.
Litigation and cleanup costs
In October 1989, Exxon filed a suit against the State of Alaska, claiming that the state had interfered with Exxon's attempts to clean up the spill by refusing to approve the use of dispersant chemicals until the night of the 26th. The State of Alaska disputed this claim, stating that there was a long-standing agreement to allow the use of dispersants to clean up spills, thus Exxon did not require permission to use them, and that, in fact, Exxon had not had enough dispersant on hand to effectively handle a spill of the size created by Exxon Valdez.
Exxon filed claims in October 1990 against the Coast Guard, asking to be reimbursed for cleanup costs and damages awarded to plaintiffs in any lawsuits filed by the State of Alaska or the federal government against Exxon. The company claimed that the Coast Guard was "wholly or partially responsible" for the spill, because they had granted mariners' licenses to the crew of the Valdez, and because they had given Exxon Valdez permission to leave regular shipping lanes to avoid ice. They also reiterated the claim that the Coast Guard had delayed cleanup by refusing to give permission to immediately use chemical dispersants on the spill.
Also, in 1991, Exxon made a quiet, separate financial settlement of damages with a group of seafood producers known as the Seattle Seven for the disaster's effect on the Alaskan seafood industry. The agreement granted $63.75 million to the Seattle Seven, but stipulated that the seafood companies would have to repay almost all of any punitive damages awarded in other civil proceedings. The $5 billion in punitive damages was awarded later, and the Seattle Seven's share could have been as high as $750 million if the damages award had held. Other plaintiffs have objected to this secret arrangement, and when it came to light, Judge Holland ruled that Exxon should have told the jury at the start that an agreement had already been made, so the jury would know exactly how much Exxon would have to pay.
In the case of Exxon v. Baker, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages. To protect itself in case the judgment was affirmed, Exxon obtained a $4.8 billion credit line from J.P. Morgan & Co., who created the first modern credit default swap so that they would not have to hold as much money in reserve against the risk of Exxon's default.
Meanwhile, Exxon appealed the ruling, and the 9th U.S. Circuit Court of Appeals ordered the trial judge, Russel Holland, to reduce the punitive damages. On December 6, 2002, Holland announced that he had reduced the damages to $4 billion, which he concluded was justified by the facts of the case and was not grossly excessive. Exxon appealed again and the case returned to Holland to be reconsidered in light of a recent Supreme Court ruling in a similar case. Holland increased the punitive damages to $4.5 billion, plus interest.
After more appeals, in December 2006 the damages award was cut to $2.5 billion. The court of appeals cited recent Supreme Court rulings relative to limits on punitive damages.
Exxon appealed again. On May 23, 2007, the 9th Circuit Court of Appeals denied ExxonMobil's request for a third hearing and let stand its ruling that Exxon owed $2.5 billion in punitive damages. Exxon then appealed to the Supreme Court, which agreed to hear the case. On February 27, 2008, the Supreme Court heard oral arguments. Justice Samuel Alito, who at the time owned between $100,000 and $250,000 in Exxon stock, recused himself from the case. In a decision issued June 25, 2008, written by Justice David Souter, the court vacated the $2.5 billion award and remanded the case back to the lower court, finding that the damages were excessive with respect to maritime common law. Exxon's actions were deemed "worse than negligent but less than malicious." The punitive damages were further reduced to an amount of $507.5 million. The Court's ruling was that maritime punitive damages should not exceed the compensatory damages, supported by a precedent dating from 1818. Senate Judiciary Committee Chairman Patrick J. Leahy has decried the ruling as "another in a line of cases where this Supreme Court has misconstrued congressional intent to benefit large corporations."
Exxon's official position was that punitive damages greater than $25 million were not justified because the spill resulted from an accident, and because Exxon spent an estimated $2 billion cleaning up the spill and a further $1 billion to settle related civil and criminal charges. Attorneys for the plaintiffs contended that Exxon bore responsibility for the accident because the company "put a drunk in charge of a tanker in Prince William Sound." Exxon recovered a significant portion of clean-up and legal expenses through insurance claims associated with the grounding of Exxon Valdez.
As of December 15, 2009, Exxon had paid the entire $507.5 million in punitive damages, including lawsuit costs, plus interest, which were further distributed to thousands of plaintiffs. This amount was one-tenth of the original punitive damages, Exxon remained hugely profitable, the process of payment was drawn out over decades, and long term damage continues and is not funded by Exxon. Hence, the Exxon spill is often cited as shorthand for corporate responsibility for societal damage not being enforced adequately.
Political consequences and reforms
Coast Guard report
A 1989 report by the Coast Guard's U.S. National Response Center summarized the event and made many recommendations, including that neither Exxon, Alyeska Pipeline Service Company, the State of Alaska, nor the federal government were prepared for a spill of this magnitude.
Oil Pollution Act of 1990
In response to the spill, the United States Congress passed the Oil Pollution Act of 1990 (OPA). The legislation included a clause that prohibits any vessel that, after March 22, 1989, has caused an oil spill of more than 1 million US gallons (3,800 m) in any marine area, from operating in Prince William Sound.
In April 1998, the company argued in a legal action against the federal government that the ship should be allowed back into Alaskan waters. Exxon claimed OPA was effectively a bill of attainder, a regulation that was unfairly directed at Exxon alone. In 2002, the 9th Circuit Court of Appeals ruled against Exxon. As of 2002, OPA had prevented 18 ships from entering Prince William Sound.
OPA also set a schedule for the gradual phase-in of a double hull design, providing an additional layer between the oil tanks and the ocean. While a double hull would likely not have prevented the Exxon Valdez disaster, a Coast Guard study estimated that it would have cut the amount of oil spilled by 60 percent.
Exxon Valdez was towed to San Diego, arriving on July 10. Repairs began on July 30. Approximately 1,600 short tons (1,500 t) of steel were removed and replaced. In June 1990, the tanker, renamed Exxon Mediterranean, left the harbor after $30 million of repairs. In 1993, owned by SeaRiver Maritime, it was named S/R Mediterranean, then in 2005 Mediterranean. In 2008 the vessel was acquired by a Hong Kong company that operated her as Dong Fang Ocean, then in 2011 renamed her Oriental Nicety. In August 2012, she was beached at Alang, and dismantled.
Alaska regulations
In the aftermath of the spill, Alaska governor Steve Cowper issued an executive order requiring two tugboats to escort every loaded tanker from Valdez out through Prince William Sound to Hinchinbrook Entrance. As the plan evolved in the 1990s, one of the two routine tugboats was replaced with a 210-foot (64 m) Escort Response Vehicle (ERV). Tankers at Valdez are no longer single-hulled. Congress enacted legislation requiring all tankers to be double-hulled as of 2015.
Economic and Native impact
In 1991, following the collapse of populations of local marine species (particularly clams, herring, and seals), the Chugach Alaska Corporation, an Alaska Native Corporation, filed for Chapter 11 bankruptcy protection. It has since recovered.
According to several studies funded by the state of Alaska, the spill had both short-term and long-term economic effects. These included the loss of recreational sports, fisheries, reduced tourism, and an estimate of what economists call "existence value", which is the value to the public of a pristine Prince William Sound.
The economy of the city of Cordova, Alaska was adversely affected after the spill damaged stocks of salmon and herring in the area. The village of Chenega was transformed into an emergency base and media outlet. The local villagers had to cope with a tripling of their population from 80 to 250. When asked how they felt about the situation, a village councilor noted that they were too shocked and busy to be depressed; others emphasized the human costs of leaving children unattended while their parents worked to clean up. Many Alaska Natives were worried that too much time was spent on the fishery and not enough on the land that supports subsistence hunting.
In 2010, CNN reported on studies concluding that many oil spill cleanup workers involved in the Exxon Valdez response had subsequently become sick, and warned those exposed to the Deepwater Horizon oil spill to take heed. Anchorage lawyer Dennis Mestas found that this was true for 6,722 of 11,000 worker files he was able to inspect, despite access to the records being controlled by Exxon. Exxon denied this in a statement to CNN:
After 20 years, there is no evidence suggesting that either cleanup workers or the residents of the communities affected by the Valdez spill have had any adverse health effects as a result of the spill or its cleanup.
Environmental activists and State officials became concerned that BP would use similar techniques to minimize liability and de-emphasize health impacts:
the symptoms being reported in the Gulf states are the same ones that hit workers in Alaska. And just like then, people with their backs against the wall financially are flocking to the take jobs with the cleanup... I'm feeling like BP is forcing them into this situation where BP holds all the cards, and BP is letting these workers get sick
Reactions
In 1992, Exxon released a video titled Scientists and the Alaska Oil Spill for distribution to schools. Critics said the video misrepresented the clean-up process.
In December 1994, the Unabomber assassinated Burson-Marsteller executive Thomas J. Mosser, accusing him of having "helped Exxon clean up its public image after the Exxon Valdez incident".
In popular culture
Several weeks after the spill, Saturday Night Live aired a pointed sketch featuring Kevin Nealon, Phil Hartman, and Victoria Jackson as cleanup workers struggling to scrub the oil off of animals and rocks on a beach in Prince William Sound.
In the Rocko's Modern Life episode, "Rocko's Happy Sack", Rocko and his dog, Spunky are grocery shopping when the announcer informs everyone of a "spill in the seafood section", represented by a giant oil tanker labeled "Noxxon Valdez".
In the 1995 film Waterworld, Exxon Valdez is the flagship of the movie's villain, "The Deacon," the leader of a band of scavenging raiders. In the ship is a portrait of their patron saint, Joseph Hazelwood.
Free Willy 2: The Adventure Home, sequel to Free Willy, contained an oil spill plotline that echoes the Exxon Valdez oil spill.
In the second Forrest Gump novel, Gump and Co. by Winston Groom, Gump commandeers Exxon Valdez and accidentally crashes it.
Composer Jonathan Larson wrote a song called "Iron Mike" about the oil spill. The song is written in the style of a sea shanty. It was first professionally recorded by George Salazar for the album The Jonathan Larson Project.
The 1992 made-for-television film Dead Ahead: The Exxon Valdez Disaster, produced by HBO, dramatized the oil spill disaster.
In season 2, episode 8, of Breaking Bad, entitled "Better Call Saul", Walter White tells Jesse Pinkman that Jesse's friend Badger, who had been caught in a drug deal with their methamphetamine and placed under arrest, is going to spill like the Exxon Valdez.
See also
- List of oil spills
- Deepwater Horizon oil spill
- Ixtoc I oil spill
- Dead Ahead: The Exxon Valdez Disaster, 1992 HBO movie
- Martin County coal slurry spill
- Kingston Fossil Plant coal fly ash slurry spill
References
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Further reading
- Lee, Douglas B. (August 1989). "Tragedy in Alaska Waters". National Geographic. Vol. 176, no. 2. pp. 260–263. ISSN 0027-9358. OCLC 643483454.
External links
- NTSB safety recommendation to address crew management deficiencies at Exxon and in industry
- Exxon Valdez Oil Spill Trustee Council Archived April 22, 2015, at the Wayback Machine
- ExxonMobil updates and news on Valdez
Shipwrecks and maritime incidents in 1989 | |
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1988 1990 |
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- Maritime incidents in the United States
- Oil spills in the United States
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