dismissed the Center for Biological Diversity (CBD)’s
legal claim seeking full disclosure of which chemicals
spilled into the ocean during the disaster. Eugene attorney
Charlie Tebbutt is the lawyer for the case.
Back in November, BP pleaded guilty to lying to Congress
about the amount of oil that spilled into the Gulf, Tebbutt
says, and he adds, “Just as BP has lied to Congress about
the amount of oil that was released into the environment,
BP continues to withhold information from the public about
the amount of toxic chemicals that were on board when the
Deepwater Horizon exploded and sank.”
Tebbutt and CBD fi led suit in summer of 2010, only
months after the disaster, seeking $20 billion in penalties
from BP and Transocean, the owner of the Deepwater
Horizon, to be used for gulf restoration, and the suit
sought information on the amount of oil spilled, as well as
identifi cation and amounts of all toxic pollutants.
CBD’s case was dismissed by the district court on June
16, 2011, a decision the conservation group then appealed.
While it reversed the district court’s decision on the
chemicals under the Emergency Planning and Community
This
Now tta See!
o
You G
Right-to-Know Act, the appellate court upheld the
dismissal of CBD’s Clean Water Act claims on the grounds
that the claims were mooted when the well was capped.
Tebbutt says, “With regard to fi nding that CBD’s Clean
Water Act claims are moot, this means that no citizen
ever could pursue a citizen suit against an oil company
for an oil spill, because an oil spill will eventually stop.”
He adds, “It’s absurd to think Congress intended such a
result.” The Clean Water Act, which Congress legislated
40 years ago to protect the nation’s waters, allows citizens
to sue polluters and has resulted in a signifi cant decline in
industrial pollution. — Camilla Mortensen
POLLUTION UPDATE
Monitoring of the Amazon Creek Basin by the city
of Eugene under the city’s Clean Water Act permit for
urban stormwater discharges during 2011-2012 shows a
decreasing trend for about 77 percent of indicators, though
water quality standards for various pollutants are still
exceeded in the basin. For copper, 30 percent of samples
exceeded the relevant water quality standard by up to seven
times. Vehicle brake pads are a primary source of copper
in water, and a 2010 California law addresses this issue
by requiring brake pad manufacturers to begin phasing out
the use of copper in vehicle brake pad manufacturing. For
lead, about 40 percent of samples exceeded the relevant
water quality standard. According to the Environmental
Protection Agency, tire weights from vehicle tires ground
to dust on roadways are the primary source of particulate
lead in stormwater.
Other highlights: At least fi ve different pesticides (2,4-
D, dichlobenil, diuron, triclopyr, and propiconazole) were
detected in the basin.
Various portions of the basin are listed as “water quality
limited” for bacteria, with. E. coli counts exceeding the
water quality standard for about 30 percent of samples
collected from the Amazon Basin sites.
Surveys of creek-bed organisms show “heavily
degraded” populations.
Visit goo.gl/n8VdD to view the full report.
— Doug Quirke/Oregon Clean Water Action Project
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explore
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GOOD EARTH
Café & Music Stage
sustainable
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homes
gardens
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J ANUARY
18-20
FRI
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SAT 10am–8pm
SUN 10am–5pm
Fairgrounds
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898848J07
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FOOD for Lane County
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Event Details: EugeneHomeShow.com
eugeneweekly.com • January 17, 2013
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