Exxon Day in Cordova

CORDOVA: The US Supreme Court has just sided with Exxon over the fishermen of Prince William Sound. Here in Cordova, there is defiant perseverance. 

Town is quiet but spirits are aboil.

"To all of you who passed waiting for Justice... It is Done," says a sign put up at the fishermen's memorial. "I am sorry. I am so, so sorry... ... God help us... America the Beautiful??? Part of us is relieved that you are not here to witness this injustice against Prince William Sound and the People who love her. Rest Easy... We will continue to look out for those you left behind..."

Big signs plastered all along Main Street give voice to the collective sentiment. "Mom & Pop Lose: Corporations Win," "Innocent Until Proven Wealthy," and "Whose Nexxt?"

Exxon won this battle by playing dirty. They get to keep their damn money this time. But this quiet fishing town will persevere. As the sun sets on an empty harbor local kids play football in Main Street. The spirit here is unbroken.

No Comment

For four days last week, in front of a State Administrative Law Judge, we tore down the facade and exposed Alyeska's dangerously inadequate oil spill prevention and response program on the Copper River. We were in Anchorage for the hard won Adjudication Hearing in Cascadia v. State Division of Spill Response.

Media coverage was excellent. See TV, Radio, and print stories here.

Fishermen, Alaska Natives, fisheries experts, and environmentalists laid out our case that:

1. the Copper River watershed is an "environmentally sensitive area," and;

2. Alyeska's contingency plans would allow spilled oil to escape into the river.

Inaccurate and incomplete maps, slow response times, obsolete equipment, personnel shortages, complacence, arrogance; you-name-it, a parade of witnesses showed Alyeska is guilty of it. So, what does Big Oil have to say for itself? 

"No Comment." 

For all four days their high-priced lawyers sat mute. They declined to offer any evidence, call any witnesses, make any opening or closing statement, or even to ask any questions of our witnesses. Assembled media were unable to get quotes. Big Oil's legal strategy is to pull the covers over their heads and try to go back to sleep.

Actually I'm exaggerating. They did open their mouths a couple times, to log procedural objections to our witnesses and evidence. It is as though Alyeska expects the system itself to shield them.

So, as an attempt at dialogue the hearing was a failure. The State and Alyeska don't want to hear, and they refuse to talk.

Legally and politically though the hearing was a smashing success. With oil companies playing dumb, the defense of the current, inadequate plan was mounted by DEC staffer Becky Spiegel. On cross-examination she was clearly evasive, and it became plain that legal standards were being grossly misapplied. 

Media coverage and grassroots support of the case was excellent. Television, radio and print media gave the case prominent coverage. The feedback I'm getting is uniformly positive—everyone from Greenpeace to anonymous Alyeska employees.

The next steps are to file some more legal briefs. Commissioner Larry Hartig will make his decision some time in late summer or fall. Unless he is willing to pile on another travesty of justice for Alaska fishermen, Alyeska should expect a comeupance soon. They've been thumbing their nose at Justice too long. 

Putting Big Oil on Trial

COPPER RIVER— The State of Alaska and Alyeska Pipeline company will be on trial for failing to protect the Copper River from oil spills, June 9-12 in downtown Anchorage at 1016 W. 6th Ave., in the fourth floor hearing room.

The Trans-Alaska Pipeline threatens the Copper River for 180-miles as the pipeline snakes through the watershed, crossing many large tributaries. Given past experience and the aging, corroding pipeline, that spells a high risk that the next Exxon Valdez will be into our precious watershed.

Stakeholders from all walks of life have joined together to convince the state that Alyeska's oil spill contingency plan, which would allow oil to escape into the Copper River, would be an environmental and human catastrophe. At special risk are the famous Copper River salmon, and the world-renowned wetland at the Copper River Delta. 

The state broke the law by approving Alyeska's oil spill prevention and contingency plan. That plan ignores the Copper River almost entirely, and is full of response gaps. Their basic error was in refusing to believe the Copper is a very important place. 

Amazing but true: the State bureaucrats don't consider the Copper an "environmentally sensitive area." This allows them to plan to clean up an oil spill after the fact, rather than keeping enough equipment on hand to keep spilled oil from escaping into the river system.

Actually called an Adjudicatory Hearing, the case is Cascadia Wildlands Project v. Alaska Department of Environmental Conservation. The decision will be made by the Palin administration's Commisioner of Environmental Conservation, Larry Hartig. 

Requestor Cascadia Wildlands Project will present evidence, and call witnesses from the watershed, including Nick Jackson (Gulkana), John Craig (Kluti-kaah), Linda Tyone (Gakona), Karen Linell (Chistochina), Brenda Rebne (Ahtna), Dune Lankard (Eyak), Kristin Smith (Copper River Watershed Project), and James Brady, an expert in oil spill impacts to fisheries. 

Interestingly, Alyeska's lead counsel in the case was also their lead counsel in the Exxon Valdez case. Apparently, their response is still to throw lawyers at their problems, rather than dealing with Alaskans straight. And they want us to trust these same owner companies to build our gasline? Enough is enough. Come clean, Alyeska, and join us. Lets work together to keep your oil in your pipe, and out of Alaska's rivers. 

Check here for updates, or click below to download our legal brief.

/Opening_Brief.pdf