Rep. Andy Josephson - I answer to you!

In this edition of my e-news I want to bring your attention to a piece of legislation that I introduced today. As many of you undoubtedly know I love to view Alaska in all of its natural glory. I have traveled all over the state and I can say that no matter where you go you will find something that will make you stop and reflect. It is because of this love for Alaska that I introduced House Joint Resolution 12 to help heal the old wounds of the 1989 Exxon disaster and finally clean up our coastlines.

Photo taken on June 28, 2013 shows lingering Exxon Valdez oil coating shoreline sediments on Eleanor Island in Prince William Sound (Photo by David Janka)

On March 24, 1989, the Exxon Valdez was making its way to California when the vessel ran aground on the Bligh Reef. The resulting spill still stands as the second largest oil spill in U.S. history. How much oil was spilled is still disputed but ranges from around 257,000 barrels at the low end up to around 750,000 thousand barrels on the high end. This oil quickly spread and eventually covered 1,300 miles of coastline and 11,000 square miles of ocean.

Some 32,000 private plaintiffs, mainly Alaska Natives and commercial fishermen, went to trial in 1994, proved Exxon guilty of gross negligence, and won $287 million in actual damages and a $5 billion punitive verdict. But after 14 years of appeals, during which thousands of the plaintiffs passed away, in 2008 the U.S. Supreme Court -- with Exxon invoking a peculiar 1818 maritime ruling -- reduced the punitive judgment to only $507 million, with the appeals court adding another $470 million in interest.

The state and federal government settled their case with Exxon in 1991 for $1.025 billion, intended primarily to help restore the injured species, habitats, and resource services. In addition to research, the settlement was used to fund the habitat protection program that protected hundreds of thousands of acres of critical fish and wildlife habitat along the shoreline of the spill region -- one of the few positive legacies of the spill. A “Reopener for Unknown Injury” provision in the 1991 settlement was supposed to allow the governments to collect up to another $100 million from Exxon in 2002-2006, to address environmental damage not anticipated at the time of settlement.

In 2006 the governments finalized a restoration plan to address long-term environmental damage, and presented Exxon with a “Demand for Payment” of $92 million to fund the work. Although it had agreed to the Reopener provision in the 1991 settlement, Exxon has refused to pay the 2006 government demand. And the state and federal governments have done nothing to try to collect it.

Today the effects of the Exxon Valdez are still visible on our coastlines. Local fisherman had their lives taken away because of this terrible accident. Compare how easily Exxon got off to BP in the Gulf of Mexico and it is clear that Alaska did not get its fair share. That is why I am proud to introduce HJR 12, which would direct the Alaska Department of Law and the U.S. Department of Justice to seek greater reimbursement. I am joined in this endeavor by Senator Berta Gardner, who is carrying the Senate companion. The window for this reopening clause closes in 2016, so this will be one of our last opportunities.

As always, please call or email with any thoughts, ideas, or concerns.

Representative Andy Josephson
State Capitol Bldg. Room 430
Phone: 907-465-4939