The EPA’s History of William Reilly

I was going to go clean the house and forget about the BP disaster for a few hours. But then I saw the EPA files on William Reilly, the Republican Obama appointed to co-chair his BP Disaster “Looking Forward” Commission.

From the EPA’s institutional perspective, he sounds like a nice guy: a Republican conservationist of the sort that went the way of the NE Republican. Here’s a fairly interesting policy piece from him.

But I wanted to highlight just a few parts of EPA’s institutional history of Reilly for what they say about Obama and this commission.

First, there’s the description of Reilly as a broker of compromise.

Reilly’s proclivity for drawing people together will not just be directed outward, toward the regulated community: it can also be expected to bring new cohesion to the internal operations of EPA.

[snip]

Reilly’s personal style–gentlemanly and soft-spoken–makes him the ideal mediator, effective at bridging differences even when antagonisms are intensely felt and there seems to be no common ground for agreement.

[snip]

In recent years, Reilly has scored successes with his efforts to secure dialogue and cooperation among frequently polarized business and environmental leaders. One such widely applauded breakthrough occurred in November 1988 when 25 previously warring environmentalists, industrialists, and developers made a public commitment to a “no net loss” goal for U.S. wetlands, a resource heretofore subject to dangerously rapid depletion. These same people, so harmonious by late 1988, had scarcely been on speaking terms when Reilly first coaxed them to convene for a meeting in July 1987.

This is a guy with Obama’s instinct for the mushy middle, right there between corporations and environmentalists.

Perhaps most telling, though, are the lessons in a report for President Poppy Bush on the Exxon Valdez spill completed under Reilly and then-Transportation Secretary Samuel Skinner’s guidance two months after the spill (that’s a picture of Reilly at the cleanup site–the picture above is Reilly at the Kuwait oil fires during Poppy Bush’s Saddam war). I expect he’ll write something similar for Obama’s commission six months from now.

  • Preparedness must be strengthened. Exxon was not prepared for a spill of this magnitude–nor were Alyeska, the State of Alaska, or the federal government. It is clear that the planning for and response to the Exxon Valdez incident was unequal to the task. Contingency planning in the future needs to incorporate realistic worst-case scenarios and to include adequate equipment and personnel to handle major spills. Adequate training in the techniques and limitations of oil spill removal is critical to the success of contingency planning. Organizational responsibilities must be clear, and personnel must be knowledgeable about their roles. Realistic exercises that fully test the response system must be undertaken regularly. The National Response Team is conducting a study of the adequacy of oil spill contingency plans throughout the country under the leadership of the Coast Guard.
  • Response capabilities must be enhanced to reduce environmental risk. Oil spills–even small ones–are difficult to clean up. Oil recovery rates are low. Both public and private research are needed to improve cleanup technology. Research should focus on mechanical, chemical, and biological means of combating oil spills. Decision-making processes for determining what technology to use should be streamlined, and strategies for the protection of natural resources need to be rethought.
  • Some oil spills may be inevitable. Oil is a vital resource that is inherently dangerous to use and transport. We therefore must balance environmental risks with the nation’s energy requirements. The nation must recognize that there is no fail-safe prevention, preparedness, or response system. Technology and human organization can reduce the chance of accidents and mitigate their effects, but may not stop them from happening. This awareness makes it imperative that we work harder to establish environmental safeguards that reduce the risks associated with oil production and transportation. The infrequency of major oil spills in recent years contributed to the complacency that exacerbated the effect of the Exxon Valdez spill.
  • Legislation on liability and compensation is needed. The Exxon Valdez incident has highlighted many problems associated with liability and compensation when an oil spill occurs. Comprehensive U.S. oil spill liability and compensation legislation is necessary as soon as possible to address these concerns.
  • The United States should ratify the International Maritime Organization (IMO) 1984 Protocols. Domestic legislation on compensation and liability is needed to implement two IMO protocols related to compensation and liability. The United States should ratify the 1984 Protocols to the 1969 Civil Liability and the 1971 Fund Conventions. Expeditious ratification is essential to ensure international agreement on responsibilities associated with oil spills around the world.
  • Federal planning for oil spills must be improved. The National Contingency Plan (NCP) has helped to minimize environmental harm and health impacts from accidents. The NCP should, however, continue to be reviewed and improved in order to ensure that it activates the most effective response structure for releases or spills, particularly of great magnitude. Moreover, to the assure expeditious and well-coordinated response actions, it is critical that top officials–local, state, and federal–fully understand and be prepared to implement the contingency plans that are in place.
  • Prevention is the first line of defense. Avoidance of accidents remains the best way to assure the quality and health of our environment. We must continue to take steps to minimize the probability of oil spills.
  • Studies of the long-term environmental and health effects must be undertaken expeditiously and carefully. Broad gauge and carefully structured environmental recovery efforts, including damage assessments, are critical to assure the eventual full restoration of Prince William Sound and other affected areas. [underline emphasis mine]

Again, I include this not because I think Reilly is a bad choice: Obama seems to have found one of the rare remaining Republicans who cares about the environment.

I raise it to point how little progress we’ve made since the last unimaginable petroleum catastrophe.  Do we really think the lessons that will come out of Obama’s commission will be any different? Reilly told us 21 years ago we’ve got to have worst-case planning in place; yet BP grossly underestimated the potential worse case here (probably by design, given the environmental regulations involved). 21 years ago, Reilly told us we need to improve clean up technologies, yet we’re still relying on the same kind of booms used in the Santa Barbara spill 40 years ago. We’ve twice failed already (Thanks Murkowski! Thanks Inhofe!) trying to fix the existing liability and compensation law to account for this kind of disaster–precisely the liability and compensation scheme put into place in response to the Valdez. And we’re still talking a good game about prevention, but not putting the regulatory regime into place to make sure prevention happens.

In any case, Reilly will probably conclude the same thing he did the last time he advised a President about lessons learned in response to an oil disaster: “Some oil spills may be inevitable. Oil is a vital resource that is inherently dangerous to use and transport. We therefore must balance environmental risks with the nation’s energy requirements.” 21 years, and we never learned any of the lessons about prevention and clean-up technology. What makes anyone think we will do so in the next 21 years?

36 replies
  1. DWBartoo says:

    Presumably, we will eventually run out of twenty-one-year “stretches” and have to exercise some control over our diet?

    Reilly is another “perfect” Obama choice.

    A middling, astute, “consensus builder”.

    I think we’re on a roll.

    Hang on.

    DW

  2. DWBartoo says:

    BTW, EW;

    Thanks for the million things you do (and the three or four other million things you’re thinking about).

    DW

  3. bmaz says:

    Ain’t that the Life of Reilly? Crikey, just rebadge the old report and belly up to the oil bar and have a beer; there is nothing new for Reilly to say.

    I was googlin around on Reilly last night; he doesn’t seem like a bad chap all things considered. I wish, however, they had put Bruce Babbitt in a leadership role in this if they were going to do it; but the reasons he would be good are probably exactly why he was not even mentioned.

    • rosalind says:

      just rebadge the old report and belly up to the oil bar.

      hopefully one of the staff will remember to delete “walrus” and insert “sea turtle”.

  4. barne says:

    List of names who have, since Exxon Valdez, gone from gov. posts in oil safety regulation into the oil biz?
    List of their salaries in gov. and later in biz?

    It was alarming that the bankers and ratings agencies were allowed to pull the blatant scams they’ve just pulled. And it’s likely that they’ve, indirectly, killed more people than the 9/11 or BP spill folks. But…

    …the lack of prep. for this EXACT blow-out preventer failure scenario is not alarming, it’s numbing. I’m feeling just a little bit dumbstruck numb to actually see how slipshod we are about such important things. Think of the numbers of people charged with planning for this, who did not, in fact, plan for this. Think of the money, and studies, and reports, and lovely speeches, and farting huge clouds of fake diligence, for decades. It’s not as numbing as standing on the tilted deck of the Titanic thinking, “What were the lifeboat planners THINKING?!” But it’s something like it.

    • tjbs says:

      They planned right it’s the ship builders who didn’t run the 9/10/11 bulkheads to the top , as per specs, that lost it. Cutting corners to save a buck and come in on schedule. Couldn’t see this coming and EW if this baby blowing out for another nine months we’ll all have more to worry about than cleaning house. Thanks for speaking out,as always.

  5. barne says:

    Oh, and can we please dig up any shot down and buried reports from low level folks which said, long ago, “You know, we really ought to have a plan in place for a deep sea failure of a blow-out preventer.”

  6. JohnLopresti says:

    I agree, a key part of change-we-are-trying-to-approach-getting-started, could be enlisting voices which are known and to which folks listen. Yet, no-net-loss of wetlands, in one region for which I located a US geologic survey datasheet, would mean beginning with a tideline that reveals:

    9 acres of every 10 acres of freshwater wetlands loss since 1880.
    15 acres of each 16 acres of saltwater marsh loss since 1880.

    The USGS article includes a graphic by Atwater (1977).

    A very few years ago DiFi took part in negotiations to ban some development near the Napa river confluence with the marshes.

    However, what needs to happen is restoration. Some outfits, e.g. in MD-DE, are looking at that **forward** direction, as well. I aint sure if that is one such entity actually coordinating interested parties to do restorative work on a scale that is significant, or if it is structured more like a blueribbon commission.

    • readerOfTeaLeaves says:

      Yet, no-net-loss of wetlands, in one region for which I located a US geologic survey datasheet, would mean beginning with a tideline that reveals:

      9 acres of every 10 acres of freshwater wetlands loss since 1880.
      15 acres of each 16 acres of saltwater marsh loss since 1880.

      …However, what needs to happen is restoration.

      Oh, I’ve seen this pattern: ‘no net loss’ gets tweaked in the dark of the night and a black-white view of ‘wetland’ dominates thinking: anything that may on occasion be wet for a few hours after a heavy rain becomes a ‘wetland’.

      Never mind the fact that in a sane world, you couldn’t mess with wetlands because you’d recognize that over time you can’t replace their functions and values at any kind of ‘rational market price’.

      Never mind the fact that biological organisms that thrive in a Category 4 wetland can’t breed or hatch in a Cat 1 wetland; our one-clunky-size-fits-all-and-where-am-I-having-lunch-today mindset does not distinguish between a complex, old wetland and a simpler, newer one.

      So we call them all ‘wetlands’ and then tweak the math to claim there’s been ‘no net loss’; mostly because someone backed a dump truck up to a damaged streambed, dumped some till, and then claimed it was a ‘wetland’.

      Not that O’Reilly seems the type to care…

  7. bell says:

    the mushy middle is showing up on louisiana’s shoreline and it ain’t pretty… folks need more then this to get on track… platitudes after the fact might appease some, but they won’t take back what is lost.. at present corporations run the usa.. most politicians accept this as the cost of being a politician… the ordinary person is a pawn in all of it… obama’s leadership sucks, but it actually looks good compared to some others…

  8. tanbark says:

    The man, Obama, has a pure genius for finding lite-bread compromises to problems; in this case, a catastrophe that cries out for a meat ‘n’ taters
    solution.

    At this point getting him out office after only one term, will be a political banquet that I can’t wait to help cook up and serve.

  9. TalkingStick says:

    At least some truths in regard to the environment and the role of national governments are becoming self-evident. It ain’t Louisiana or Mississipi or Alabama or Florida’s coast. It’s the coast of the United States. And the Gulf of Mexico is more than an “industrial zone.”

  10. tanbark says:

    One consolation: this is not going to be about balancing “environmental risk”. It’s going to be about Obama and BP taking a real-time political hit from the growing numbers of americans who have had all they want of Mr. Centrist and his corporate friends.

  11. Margaret says:

    We don’t need a mushy middle! We don’t need to consider corporate interests anywhere in this equation. Corporate profits are what got us into this and the reason why it hasn’t been mitigated. Stop trying to rescue the oil and start rescuing the ocean.

  12. Sharkbabe says:

    This entire “commission” bullshit is a fucking ridiculous insult and should be laughed out of the room at every opportunity. Who cares about this Reilly asshole.

    Srsly, when is it time to impeach this crypto-cheney in the WH?

  13. Bluetoe2 says:

    What’s happening in the Gulf is not important to Obama and the plutocracy. What’s important in today’s U.S. is building consensus and finding the “middle.” The perfect way to keep the truth from the people.

  14. JDM3 says:

    Bet there’s been no net loss of wetlands in the US since Reilly’s elegant solution. Bullshit then, bullshit now. Compare the powers of this silly commission with the one The One gave Pete Peterson. I want that one for this, but with Elizabeth Warren in charge.

  15. gunnison says:

    This is a guy with Obama’s instinct for the mushy middle, right there between corporations and environmentalists.

    Well, exactly. And that’s precisely the territory occupied by most of the so-called “middle class”.
    In reality gasoline should be priced at the pump somwhere around seven or eight bucks a gallon, because that’s what it costs to extract and refine even with all the corner cutting that produced the clusterfuck in the Gulf. We pay three bucks at the pump and the rest in the installment plan through taxation, thus kicking the can down the road. (I’m making these numbers up, you understand, because we don’t actually know what it costs; our accounting methods are not geared for that computation. But you get my drift.)
    If all the safety measures that sanity requires were to be adopted and adhered to, along with the expense of spill response teams adequate to the task on permanent standby, gasoline would be ten or twelve bucks a gallon, which would crater the Ponzi scheme we call an economy. So none of it will happen and we all know it.

    We built modernity with cheap labor and low hanging energy fruit, along with devouring what seemed at the time to be limitless acreage of pristine landscape and endless forests of virgin timber. And one hell of a lot less people.
    We are discovering now that the process of building modernity so altered the energy and resource baseline that we are utterly unable to afford to sustain it.

    This is gonna be a rough ride as we thrash about trying to come to terms with a reality we are unwilling to confront. What needs to be done, will not be done, namely a contraction of consumption, until all the crazy ideas have been exhausted, and as we see daily we’re nowhere close to running out of crazy ideas.

    • onitgoes says:

      Thanks for the post and thanks for this comment, in particular. It’s good to be reminded that, even with all the crapulous “cost cutting” measures that go into operations this size… resulting in oil volcanos gushing unabated for who the eff knows how long… we are still not really paying the “accurate” price at our pumps.

      Yes, I’m *happy* (in a way) to be paying what I do now, but I would be *much happier* with other transportation options that would make less of a burden to pay $7 or $10 per gallon or more. Of course, our addiction to and reliance on fossil fuels goes way beyond what we dump into our gas guzzling cars and trucks and includes a ton of stuff going on in our nation’s (and others) food production, from fossil fuel-based pesticides and fertilzers, to fossil fuels in our foods, themselves, to the packaging. And that’s just to name a few of our addictions to black gold. There’s more.

      When can we get off this insane merry-go-round and start, gee, PLANNING for a truly sustainable future? Rhetorical question tossed out there by tree hugging dfh liberal… what do I know??

      Another mushy middle commission signifying abso-effen-lutely nothing. Do other citizens just “buy” this junk? Serious question? It all seems so formulaic and OBVIOUS to me that it’s just a bull hockey sop; do other citizens SEE that and NOT CARE?? Or are they just so dumbed down that nothing penetrates their daily diet of “reality” tv?? Sorry to sound so mean, but really discouraged by the lack of much of any citizen complaining about this disaster. Are the Gulf coast state citizens complacent about this? Are they satisfied? Is this commission good enough for them?

      Yes, it affects ALL of us, but those Gulf states are much more directly affected and impacted. If I lived there, I’d probably be out with a pitchfork right now.

      And so… on it goes…

      Thanks for the info.

      • gunnison says:

        Thanks for the response; you raise a lot of pertinent points.
        I think your choice of the word “addiction” is a good one, it gets used a lot I know but sometimes I think without much thought as to the implications.
        The first and ultimately most impenetrable symptom of addiction is denial of the problem, as we all know by now surely, but do we understand what it might mean in this context?
        We all know the stories of the absurd lengths addicts go to avoid confronting what to any onlooker is the obvious. The preposterous nature of the excuses can even be funny in grim sort of way. On the scale we’re looking at here though it’s not so damn funny at all. But it is a pathology, certainly from the behavioral standpoint.

        So yes, I think folks don’t see it, or they see it but think some small adjustments will fix it, so we get phrases like “sustainable growth” bandied about and it comforts people. Rather like telling an alcoholic that they won’t get drunk if they mix their whiskey with milk. They believe it not because it’s plausible, but because it’s too painful not to.

        The basic obstacle to planning for a sustainable future as I see it is simply that such a future will necessarily involve less waste, and thus less consumption, and we have no economic model to accommodate that. The present model depends (70% anyway) on folks buying crap they don’t really need and that will occupy landfill space inside of a couple of years. There is no plan B., or even any objective dialog concerning the need for a plan B in this context.

        I guess we just have to stay focused on what we can do something about at the community level …there are no signs of any sensible approaches emerging at the global or national level. Any such approaches would be “politically impossible” in this climate anyway. Christ, I’ve been fighting this since Jimmy Carter’s presidency, and he will go down in history as prescient about all this. There was some traction back then and we were hopeful, but then the oil “crisis” passed, the hostages were released, and Ronnie Raygun ripped the solar panels off the White House roof and turned up the thermostat.
        Now here we are again.

        It pisses me off, but it is what it is.

        best
        g

  16. RLMiller says:

    What troubles me (and, I believe, many others on this site) is not who’s on the commission, but rather why Obama thinks a commission will do anything. We’ll go back to the same oiled, same oiled ways (but new! with ethical coal! safe oil!) as the planet overheats.

    • bobschacht says:

      This might be a huge mistake. Word is (linked in the more recent thread on Dr. Sludgelove) that the line TO the riser is breaking up, and the problem is getting a whole lot worse. At this point, I think BP would just love to give the whole shebang to Uncle Sam.

      Bob in AZ

  17. Kassandra says:

    The whole thing was so reckless, it makes me sick. to waive and approve all these rigs without technology/oversight equal to the task in hand well BEFORE this happened is criminal.
    There is nothing that can make up for the devastation; no amount of time in jail, nor fines nor stopping drilling( which the IMF prolly won’t let US do anyway) can or will bring back the gulf in our lifetimes.
    It sure impacted life in Alaska since Exxon got careless. It’s been happening all over the world and it may be impossible to clean up in the wetlands forever.

  18. substanti8 says:

    I’m posting this entire article because (1) there’s no text version on the internet and (2) I think it offers evidence of the diminished ethics of William Reilly.

    __________________________________________________

    Mother Jones
    April 1990

    BUYING IN
    How corporations keep an eye on environmental groups that oppose them – by giving big wads of money.

    by Eve Pell

    The current EPA head, William Reilly, joined the Bush administration from the World Wildlife Fund/Conservation Foundation, which he headed. This revolving door allows established Beltway insiders to move so easily from one sector to another that it is not always clear just whose interests they are serving.

    For those who say that the dangers of accepting corporate money are exaggerated, critics point to the way WMI appeared to benefit from its relationship with the National Wildlife Federation. In 1987, WMI began giving money to the NWF. That same year, WMI chief executive officer Dean Buntrock was appointed a director of the NWF, a development that caused considerable controversy. NWF director Jay D. Hair, a figure in the upper reaches of the environmental elite, defended Buntrock and, in letters to critics of the appointment, called WMI’s environmental record “responsible.”

    Buntrock then parlayed his connection with Hair into a cozy breakfast meeting with EPA chief William Reilly. Afterward, Reilly softened an EPA position on waste disposal regulations, to the benefit of WMI.

    The events leading up to that meeting illustrate the workings of the insider network. Last March, NFW director Hair, a friend of Reilly’s, suggested that Reilly meet with him and Buntrock. The invitation was written on a newspaper clipping describing a South Carolina state regulation that spelled trouble for WMI’s business practices – and which the EPA had the power to affect. In the note, Hair suggested that Reilly discuss the “national implications” of the South Carolina regulation and “get to know Dean.” After the breakfast, Reilly said he was reversing the EPA policy WMI disliked, telling a reporter that Buntrock had lobbied him to make the change. However, Reilly later denied to in-house investigators that any lobbying had taken place.

    [Sorry – had to pare this way down to avoid fair use issues. I left the parts pertinent to William K. Reilly – bmaz]

  19. substanti8 says:

    From the same article as above, here are a few excerpts about WMI that illustrate the kind of corporation to which Reilly gave special access and concessions.

    __________________________________________________

    Mother Jones
    April 1990

    BUYING IN
    by Eve Pell

    EXCERPT:

    “The relationship between Waste Management, Inc. (WMI), and the Environmental Grantmakers Association (EGA) is a prime example of the growing connection between big business and the environmental movement.  Perhaps the most sophisticated of the corporate infiltrators, WMI is a worldwide conglomerate with an annual gross income of more than $3 billion and nearly nine hundred subsidiaries.  Although WMI is the nation’s largest and most advanced handler of wastes, it is also known for its leaky landfills, its conviction for price-fixing, and its violations of environmental regulations that resulted in more than $30 million in fines being assessed from 1982 to 1987….

    “Strange as it may seem, Waste Management has been admitted to the Environmental Grantmakers Association, an association of foundation executives who have studied, worked with, and financially supported most of the varied organizations that make up the U.S. environmental movement today….  By deciding which organizations get money, the grant-makers help set the agenda of the environmental movement and influence the programs and strategies that activists carry out….

    “WMI is now in the position that the fox might envy: guarding, and even financing, the henhouse.”

    __________________________________________________

    And that influence continued when Reilly moved from the WMI-funded National Wildlife Federation to the Environmental Protection Agency.

  20. cwolf says:

    I’d have put Ralph Nader in charge…and appoint Elliot Spitzer – Special Prosecutor.
    Then it would not be so easy to call BS on yet another toothless “commission”.

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