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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