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Conferring Immunity from Justice, Barack Obama Becomes “The Great Vaccinator”

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Ronald Reagan was The Great Communicator. Lyndon Johnson’s anti-poverty efforts were aimed at realizing The Great Society. Barack Obama’s presidency is moving toward greatness, as well, but not in a good way. At seemingly every turn, Obama has made sure that major crimes are met not with justice but with immunity. Obama has conferred so much immunity on so many different groups that he has earned the title “The Great Vaccinator”.

Ironically, even Obama’s major “success”, the killing of Osama bin Laden, is marred by an illegal act that this time is mingled with biological rather than legal immunity. It appears that Pakistani doctor Shakil Afridi, working with the CIA, pretended to be carrying out a house-to-house vaccination program so that he could gather intelligence on who was residing in the compound where bin Laden was found. This short-sighted action by the CIA has now put public vaccination programs in a very bad light and set back vaccination programs in impoverished countries significantly.

Even before becoming President, Obama began his quest of conferring immunity wherever justice is demanded. Once he had the Democratic nomination in his pocket, Obama abandoned the principled stand he took during the primaries (when he said he would filibuster any bill with retroactive immunity and would vote against it) and voted along with all Senate Republicans for cloture and then in favor of the bill that conferred retroactive immunity on the telecommunications companies that illegally wiretapped citizens without warrants.

After he won the election but prior to taking office, Obama then began his quest to confer immunity for one of the most egregious crimes committed by our country, the institutionalization of torture as a major tool in the “War on Terror”. As ABC published on January 11, 2009, Obama famously told George Stephanopoulos “we need to look forward”: Read more →

Oil Shill Mary Landrieu Claims Ignorance of ConocoPhillips

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The Senate Energy and Natural Resources Committee has voted to have its own commission investigate the BP disaster. The Committee finds that necessary, according to Mary Landrieu, because Obama hasn’t appointed a representative from the oil industry to his own commission.

The Senate Energy and Natural Resources Committee voted Wednesday to create a congressional bipartisan commission to investigate the spill, with Sen. Mary Landrieu, D-La., and others saying a separate panel is needed because the White House commission has four environmental advocates — three members and the executive staff director — but no oil industry representation.

“Maybe the commission that the Congress sets up, in a more balanced fashion, with both very strong environmental views and very strong industry views, could actually come up with something that really might work for the dilemma and the challenge that this nation faces, which briefly is this: We use 20 million barrels of oil a day,” Landrieu said. “That was true the day before the Deepwater Horizon blew up. It is true today. And we need to get that oil from somewhere.”

Aside from the problem of the oil industry investigating the oil industry, there’s another problem with Landrieu’s complaint.

Bill Reilly, the Republican Co-Chair and one of the people Landrieu’s calling an “environmental advocate”? He serves on ConocoPhillips’ board. ConocoPhillips is a much smaller player in deepwater drilling than, say, BP. But it’s still the sixth largest driller.

But I guess that kind of obvious conflict isn’t enough to reassure Landrieu.

Negotiation 101: How to Get Corporations to Do What You Want

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I just got back from driving across the rust belt – Syracuse, Buffalo, Cleveland, Toledo, MI – and am catching up on all the interesting conversations you’ve been having this week while I was celebrating my mom’s birthday (thanks, once again, to bmaz for watching the liquor cabinet while I was gone). So for the moment I want to make one quick comment.

The WSJ has a story describing how BP heroically pushed back against two of the Administration’s most onerous demands: that it pay for the costs of the moratorium on new drilling, and it pay to restore the Gulf to its natural state, rather than the state it was in when the Deepwater Horizon disaster struck.

BP PLC, despite being put under pressure by the U.S. government to pay for the oil-spill aftermath, has succeeded in pushing back on two White House proposals it considered unreasonable, even as it made big concessions, said officials familiar with the matter. BP last week agreed to hand over $20 billion – to cover spill victims such as fishermen and hotel workers who lost wages, and to pay for the cleanup costs – a move some politicians dubbed a “shake down” by the White House. Others have portrayed it as a capitulation by an oil giant responsible for one of the worst environmental disasters in history. A more accurate picture falls somewhere between.

The fund is a big financial hit to BP. But behind the scenes, according to people on both sides of the negotiations, the company achieved victories that appear to have softened the blow.

BP successfully argued it shouldn’t be liable for most of the broader economic distress caused by the president’s six-month moratorium on deep-water drilling in the Gulf of Mexico. And it fended off demands to pay for restoration of the Gulf coast beyond its prespill conditions.

Now, I know WSJ’s job is to make corporations look good, so I’m unsurprised by this spin. And I’m skeptical the $20 billion will get in the hands of those who need it in a timely fashion.

But it seems to me that the real story is that – for the first time I can think of – the Obama Administration has actually taken a tough approach to negotiation. Normally, of course, Obama starts by ceding on key issues (such as drug reimportation, oil drilling, and real financial reform) and from that incredibly weakened position, further damaging his policy position. Perhaps this time is different because the Administration is under a much greater public opinion threat. Perhaps this time is different because BP is a corporation (though so are the drug companies) not the opposing political party.

But this time is different.

I actually agree with the WSJ that Obama was unlikely to get BP to pay for the moratorium on drilling. But that may have not been the point. It established the window of possibility far beyond what it had been, and made the $20 billion escrow account look reasonable by comparison. And voila! BP at least said they agreed to cough up $20 billion.

It’s called negotiation!

Whoever came up with this novel idea really ought to get a bigger policy portfolio.

BP Gulf Disaster and Its Failed Russian Experiment

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A couple of interesting, tangentially related things happened today.

First, in a bid to wall off the PR disaster of the Gulf spill from the rest of the company, BP has assigned someone–an American BP employee–to take charge of cleanup efforts.

BP is to hive off its Gulf of Mexico oil spill operation to a separate in-house business to be run by an American in a bid to isolate the “toxic” side of the company and dilute some of the anti-British feeling aimed at chief executive Tony Hayward, the company said today.

The surprise announcement was made during a teleconference with City and Wall Street analysts in which Hayward attempted to shrug off the personal criticism saying words “could not break his bones”.

In tangentially related news, a business unit in BP’s Russian subsidiary, TNK-BP, has filed for bankruptcy.

Russian-British oil venture TNK-BP says a subsidiary that holds the license to a huge Siberian gas field has filed for bankruptcy.

The oil company said in a statement Thursday that RUSIA Petroleum was unable to repay debts to its parent company.

Note, this is just one subsidiary of TNK-BP, but still presumably a significant deal.

I say it’s tangentially related because the dude BP has put in charge of cleaning up our Gulf was run out of Russia a few years ago.

Responsibility for the leaking well and the clean-up strategy will placed in the hands of Bob Dudley, one of the company’s most able directors.

Dudley, a US citizen, has been looking for a suitable role in the company since he was thrown out of Moscow in a battle with the Russian shareholders of the TNK-BP joint venture in the middle of 2008.

Hayward said the clean-up business would be run separately by Dudley with his own staff but the finances and budget would come from the main BP group. The BP chief executive said the purpose of the split was to allow Dudley to concentrate on the Gulf problem while he and other directors were not distracted from keeping the main business on track.

Until 2008, Dudley was CEO of TNK-BP, when he got run off by the Oligarchs. The guy in charge of negotiating with the Russians at TNK-BP during the same period was James Dupree.

Mr. Hayward delegated much of the handling of TNK-BP and the relationship with the Russian partners to James Dupree, the head of Russia and Kazakhstan for BP. He knew the business well, having worked as a senior TNK-BP executive. But that history also complicated relations in his new role, since he’d been formally a subordinate to some of the Russian shareholders, who also held management jobs.

“Dupree was a midlevel functionary who wasn’t senior enough to make any decisions,” said one person close to AAR. BP officials acknowledge they mishandled the relationship. A spokesman said Mr. Dupree wasn’t available for comment.

Around the same time Dudley was run off, Dupree was replaced by a triathlon partner of Tony Hayward. Here’s more extended background on BP’s 2008 Russian fiasco.

Dupree was–at least when this whole mess started–BP’s Senior Vice President for the Gulf of Mexico. He was the guy who first told Congress about the negative pressure tests the Macondo well failed, but neglected to mention the company pushed ahead on capping the well in spite of the tests (company lawyers corrected that version). I haven’t heard a peep from Dupree since.

In addition to Hayward’s triathlon partner, after Dudley was chased out by the Russian Oligarchs, BP brought in Lamar McKay.

Mr. Hayward also brought in a top troubleshooter with years of Russian experience, Lamar McKay, to take over talks with the AAR partners instead of Mr. Dupree, the executive who had worked for them inside TNK-BP.

Fearing detention, Mr. Dudley fled Russia in secret in late July. BP’s board was meeting the day he left and several directors were stunned when told of the news, according to people close to the company.

Before being brought into save BP Russia, McKay had negotiated several of the legal settlements–for Texas City and Prudhoe Bay–for which BP remains on probation. McKay was in Russia for just a few months before he got put in charge of BP America. McKay’s the guy who spent a chunk of time in the last month–as President of BP America–testifying before Congress.

Now, I don’t know what any of this means. But I do think it worth noting that BP keeps putting the guys who had been in charge of its failed Russian project in charge of our Gulf. It makes me ask several questions:

  • Some of the dudes who botched the Russia relationship are portrayed as very close to Tony Hayward. Is this part of a pissing contest between Hayward and Chairman Carl-Henric Svanberg? (The Guardian article that reported this has Hayward denying tensions between himself and Svanberg.)
  • Is this, instead, an effort to isolate the ballooning financial responsibilities of BP from the rest of BP?
  • Why has BP chosen to put a bunch of guys who fought the Russian Oligarchs–and lost–in charge of our Gulf?

I can’t help but wonder whether this move is about protecting Tony Hayward, rather than protecting what’s left of the Gulf Coast.

Congress’ 30-Day Deadline for Rubber-Stamping Exploration Plans

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The other day, when Sheldon Whitehouse asked Secretary of Interior Ken Salazar why BP had gotten an exemption from the full-blown NEPA process from which it presumably should have been categorically excluded, Salazar referenced a 30-day deadline from Congress to approve exploration plans.

Senator, there has been significant environmental review, including Environmental Impact Statements that has been conducted with respect to this activity in the Gulf of Mexico. It is an area where we know a lot about the environment, we know a lot about the infrastructure that is there. The question of the categorical exclusion in part relates to the Congressional 30-day requirement that MMS has to approve or disapprove an exploration plan. [my emphasis]

Mineral Management Service Director Elizabeth Birnbaum elaborated on this 30-day deadline on Wednesday.

Under the National Environmental Policy Act we’re required to examine the environmental impacts of any major federal actions, certainly the oil and gas leasing is a major federal action. We have conducted many Environmental Impact Statements before we get to the point of an individual well drilling decision. We conduct an EIS on the full 5-Year Plan for oil and gas drilling, We have conducted EIS on the lease sales in the Gulf and then separately in Alaska. We also conducted some separate Environmental Impact Reviews on leasing in the particular area–drilling in the particular area in the Mississippi Canyon here in the Gulf. When we get to the point of deciding on an individual exploration plan for a particular permit, we are under a statutory obligation under the Outer Continental Shelf Lands Act to make a decision within 30 days. That very much limits our ability to conduct environmental reviews. Many of our environmental reviews are categorical exclusions. We review that to determine whether there’s a trigger for us to do a full Environmental Assessment, which we did actually on exploration plans for Arctic drilling. But we’re still limited to that 30-day decision, and we have to still make a decision on whether to go forward with an exploration plan within 30 days, which limits the amount of environmental review we can conduct. In the package that the Administration sent up to provide additional appropriations, we also asked to lift that limit in the Outer Continental Shelf Lands Act to allow 90 days or more to provide more full analysis of exploration plans before drilling.

Here’s a history of the OCSLA. The 30-day requirement itself is described in the plan approval process of the OCSLA.

(1) Except as otherwise provided in this subchapter, prior to commencing exploration pursuant to any oil and gas lease issued or maintained under this subchapter, the holder thereof shall submit an exploration plan to the Secretary for approval. Such plan may apply to more than one lease held by a lessee in any one region of the outer Continental Shelf, or by a group of lessees acting under a unitization, pooling, or drilling agreement, and shall be approved by the Secretary if he finds that such plan is consistent with the provisions of this subchapter, regulations prescribed under this subchapter, including regulations prescribed by the Secretary pursuant to paragraph (8) of section 1334 (a) of this title, and the provisions of such lease. The Secretary shall require such modifications of such plan as are necessary to achieve such consistency. The Secretary shall approve such plan, as submitted or modified, within thirty days of its submission, except that the Secretary shall disapprove such plan if he determines that

(A) any proposed activity under such plan would result in any condition described in section 1334 (a)(2)(A)(i) of this title, and

(B) such proposed activity cannot be modified to avoid such condition. If the Secretary disapproves a plan under the preceding sentence, he may, subject to section 1334 (a)(2)(B) of this title, cancel such lease and the lessee shall be entitled to compensation in accordance with the regulations prescribed under section 1334 (a)(2)(C)(i) or (ii) of this title. [my emphasis]

And that sets the standard for rejecting an application in 1334 (a)(2)(A)(i) this way:

(i) continued activity pursuant to such lease or permit would probably cause serious harm or damage to life (including fish and other aquatic life), to property, to any mineral (in areas leased or not leased), to the national security or defense, or to the marine, coastal, or human environment;

Now, I would have to do a lot more review of legislative history of the OCSLA to see where that 30-day deadline came from, though so many of the deadlines in the OCSLA are set at 30 days, it might just have been arbitrary (or, it might have been what appeared to be a reasonable deadline to make sure the process kept moving forward–you gotta Drill Baby Drill, dontcha know).

But given Salazar’s and Birnbaum’s statements, the effect appears to be clear. That 30-day deadline appears to ensure that the MMS only looks closely at these exploration plans if there’s a blinking red flag in the plan, and not something trivial like drilling in extremely deep waters and/or innovative drilling plans–the things Whitehouse noted that should have prevented this exploration plan from being exempted from an individual assessment, the things that are causing such acute problems now.

And of course, to actually change this 30-day rubber stamp process, the legislation is going to have to get by industry shills like Lisa Murkowski and James Inhofe. Something to look forward to, I guess.

Oh, one more thing. The Congressman who raised concerns about the Arctic drilling? That’s the normally loathsome Heath Shuler. Just an indication of how a giant disaster can turn even the bluest of dogs into hippie environmentalists.

Sheldon Whitehouse Lists the NEPA Exclusions

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At yesterday’s Environment and Public Works hearing on the BP disaster, Sheldon Whitehouse asked Interior Secretary Ken Salazar and Council on Environmental Quality Chair Helen Sutley why BP had been exempted from doing an Environmental Impact Study on the Macondo drilling site. He listed a number of things that should categorically exclude a project from receiving such an exemption. Two of those almost certainly applied to this well.

  • Areas of high seismic risk or seismicity, relatively untested deep water, or remote areas
  • Utilizing new or unusual technology

In response, Salazar spoke about how much we know about that area.

Senator, there has been significant environmental review, including Environmental Impact Statements that has been conducted with respect to this activity in the Gulf of Mexico. It is an area where we know a lot about the environment, we know a lot about the infrastructure that is there. The question of the categorical exclusion in part relates to the Congressional 30-day requirement that MMS has to approve or disapprove an exploration plan.

You think Salazar knows he’s going to be held responsible for all the exemptions approved since this disaster?

In any case, here’s how much BP knows about the area:

An emergency response plan prepared by BP shows the British energy giant never anticipated an oil spill as large as the one seeping through the Gulf of Mexico.The 582-page document, titled “Regional Oil Spill Response Plan — Gulf of Mexico,” was approved in July by the federal Minerals Management Service (MMS). It offers technical details on how to use chemical dispersants and provides instructions on what to say to the news media, but it does not mention how to react if a deep-water well spews oil uncontrollably.

[snip]

In a section titled “Sensitive Biological & Human-Use Resources,” the plan lists “seals, sea otters and walruses” as animals that could be impacted by a Gulf of Mexico spill — even though no such animals live in the Gulf. [emphasis]

Sure, we know a lot about the environment. We just have some crazy belief that the walruses have decided to vacation on the Gulf of Mexico.

Obama’s Commission

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As we go through another round of hearings on the BP disaster today (at the Energy and Natural Resources Committee this morning, Bernie Sanders asked Ken Salazar whether the risk of a disaster like this was worth the $.03/gallon decrease on the price of gas in 2030; Salazar didn’t really answer), Obama has leaked his intent to appoint a Presidential Committee to investigate the spill.

President Obama plans to create a presidential commission to investigate the BP oil spill, administration officials said Monday.

The commission will be established by an executive order, they said. One official likened the new panel to one ordered by President Jimmy Carter to examine the partial meltdown at the Three Mile Island nuclear plant in 1979.

Thus far, though, the Administration has only leaked its intent, with no details on the mandate of the Commission.

It will be interesting to see whether this Commission falls into that great tradition of whitewash commissions, or whether it will be a real commission. Ken Salazar said that the work of existing investigations (an IG one, and a Coast Guard one, and a science one, I think) would feed into the Presidential Commission. But there are several other efforts to push an investigation. Barbara Boxer has asked DOJ to investigate whether BP lied on its drilling permit application (in its claim that it had a plan to respond to a disaster). And Lois Capps and Ed Markey have sponsored a bill that would mandate a commissions, with subpoena powers and restrictions on conflicts of interest.

As Atrios says:

Because Bob Kerrey, Tom Keane, and Tom Daschle Need Something To Do?

Yes I’m a bit negative about ‘presidential commissions.’ I’ll be more positive if experts, rather than ex-politicians, get to do the job.

Betty Sutton on the Coerced Transocean Statements

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As you may have read, Transocean (the company that owns the Deepwater Horizon rig) made everyone rescued from the rig sign statements laying out whether they were involved in the incident, and whether they had gotten hurt.

Lawyers for the oil rig’s owner, Transocean, requested that workers who had survived the blast sign the form in the wake of the April 20 blowout on the Deepwater Horizon. This was hours before the workers had been allowed to see their families.

Now some of those survivors say they were coerced and that the forms are being used against them as they file lawsuits seeking compensation for psychiatric problems and other injuries from the blast.

A couple of members of Congress asked Transocean’s CEO about it yesterday, most pointedly Betty Sutton in this exchange.

Now, frankly, I think there may be some truth to Transocean’s claim that they were trying to collect information with the form. This is a documentation-driven industry, and for a rig owner like Transocean, getting a sense of who was on the rig, what contractor they worked for, and what they were doing would be a concern. That said, given the lock-down they kept workers in until they signed these documents, I’d guess they were more interested in surveying precisely what information was out there so they could keep that information locked down as anything else. And the lockdown was certainly heartless and heavy-handed.

Besides, Transocean CEO Steve Newman had to have known yesterday that his company would move, today, to limit its liability in the disaster (albeit on different grounds).

Transocean Ltd., the owner and operator of the Deepwater Horizon drilling rig that burned and sank last month unleashing a massive oil leak into the Gulf of Mexico, will file in federal court Thursday a petition to limit its liability to just under $27 million, according to a person familiar with the company’s plans and a copy of the filing reviewed by Dow Jones Newswires.

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Lois Capps: Booms Will Only Collect 15% of Spilled Oil

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The eye-popping part of this exchange is the news that all the efforts to protect the Gulf Coast are only going to collect a fraction of it from reaching the shore.

But the whole comment is worthwhile, because Capps expresses so well the outrage we should all be expressing about the inefficacy of oil spill recovery.

A More Revealing BP Hearing?

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The House Commerce Committee is holding the third hearing into what went wrong on the BP Deepwater Horizon rig (CSPAN is showing it on CSPAN3). As is typical for a Waxman/Stupak hearing, the Committee has done its homework, advancing the understanding of what went wrong.

Henry Waxman’s opening statement reveals that the well failed a number of tests, but BP kept testing until getting a passing test, and then proceeded to close the well.

Rigs like the Deepwater Horizon keep a daily drilling report. Transocean has given us the report for April 20, the day of the explosion. It is an incomplete log because it ends at 3:00 p.m., about seven hours before the explosion. But it confirms that three positive pressure tests were conducted in the morning to early afternoon.

The next bullet says: “After 16.5 hours waiting on cement, a test was performed on the wellbore below the Blowout Preventer.” BP explained to us what this means. Halliburton completed cementing the well at 12:35 a.m. on April 20 and after giving the cement time to set, a negative pressure test was conducted around 5:00 p.m. This is an important test. During a negative pressure test, the fluid pressure inside the well is reduced and the well is observed to see whether any gas leaks into the well through the cement or casing.

According to James Dupree, the BP Senior Vice President for the Gulf of Mexico, the well did not pass this test. Mr. Dupree told Committee staff on Monday that the test result was “not satisfactory” and “inconclusive.” Significant pressure discrepancies were recorded.

As a result, another negative pressure test was conducted. This is described in the fourth bullet: “During this test, 1,400 psi was observed on the drill pipe while 0 psi was observed on the kill and the choke lines.”

According to Mr. Dupree, this is also an unsatisfactory test result. The kill and choke lines run from the drill rig 5,000 feet to the blowout preventer at the sea floor. The drill pipe runs from the drill rig through the blowout preventer deep into the well. In the test, the pressures measured at any point from the drill rig to the blowout preventer should be the same in all three lines. But what the test showed was that pressures in the drill pipe were significantly higher. Mr. Dupree explained that the results could signal that an influx of gas was causing pressure to mount inside the wellbore.

Another document provided by BP to the Committee is labeled “What Could Have Happened.” It was prepared by BP on April 26, ten days before the first document. According to BP, their understanding of the cause of the spill has evolved considerably since April 26, so this document should not be considered definitive. But it also describes the two negative pressure tests and the pressure discrepancies that were recorded.

What happened next is murky. Mr. Dupree told the Committee staff that he believed the well blew moments after the second pressure test. But lawyers for BP contacted the Committee yesterday and provided a different account. According to BP’s counsel, further investigation has revealed that additional pressure tests were taken, and at 8:00 p.m., company officials determined that the additional results justified ending the test and proceeding with well operations.

This confusion among BP officials appears to echo confusion on the rig. Information reviewed by the Committee describes an internal debate between Transocean and BP personnel about how to proceed. [my emphasis]

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