ANCHORAGE, Alaska - An environmental group has filed a formal notice that
it will sue the Environmental Protection Agency and the Coast Guard for
authorizing oil dispersants without studying how they'll affect Alaska's
polar bears, Cook Inlet beluga whales, Steller sea lions and other
imperiled species.
The Center for Biological Diversity sent the agencies the 60-day notice
Wednesday, a requirement before a lawsuit may be filed. The environmental
group's Alaska director, Rebecca Noblin, said the lawsuit also will touch
on other flaws in the state and federal spill response plan, such as the
effects on wildlife of burning oil spilled in water.
"We focused on dispersants in the wake of the gulf disaster, where they
used unprecedented amounts of dispersants without really knowing what the
impact would be," she said. "That caught our attention.
"Nearly 2 million gallons of dispersants were dumped into the Gulf of
Mexico," she said.
Federal agencies were closed Thursday for Veterans' Day and could not be
reached for comment.
The Endangered Species Act requires federal agencies to ensure that their
actions are not likely to jeopardize a threatened or endangered species
or their habitat, Noblin said.
Dispersants are "preauthorized" by the Coast Guard and the EPA for use
some Alaska waters, she said, including parts of Cook Inlet and Prince
William Sound. Spill responders would need only to consult with the
Interior Department "when practicable" for the areas.
Dispersants, designed to break apart oil, could be used elsewhere in
Alaska if agency officials agree.
Noblin said the chemicals spread through the water and may be more
harmful to marine life than untreated oil. Their short- and long-term
effects have not been adequately tested, she said.
Studies indicate dispersed oil damages the insulating properties of
seabird feathers more than untreated oil, making them more susceptible to
hypothermia and death, she said. Other studies have found that dispersed
oil is toxic to corals, fish eggs, larvae and adults and can harm marine
mammals' ability to breathe.
"If the federal government cannot ensure that dispersants will not pose
undue risk to struggling species in Alaska, it has no business
authorizing their use, she said.
She acknowledged that once oil hits the water, there are no good
solutions, which is why her group has sued previously to require the
federal government to take a hard took at drilling before it's approved.
"When you're looking at dispersing and burning and skimming, there are
all sorts of environmental trade-offs for these response methods," she
said.
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