FY2006-17 Exxon Valdez Oil Spill 1991 Civil Settlement ReopeningKODIAK ISLAND BOROUGH
RESOLUTION NO. FY2006 -17
Introduced by: Mayor Selby
Requested by: Assembly
Introduced: 11/03/2005
Adopted: 11/03/2005
A RESOLUTION OF THE KODIAK ISLAND BOROUGH ASSEMBLY URGING
THE UNITED STATES DEPARTMENT OF JUSTICE AND THE STATE OF ALASKA
TO REOPEN THE 1991 CIVIL SETTLEMENT FROM THE EXXON VALDEZ OIL SPILL AND
CLAIM THE FULL $100 MILLION FOR
MITIGATION OF UNANTICIPATED LONG -TERM HARM
WHEREAS, on October 9, 1991, the U.S. District Court of Alaska in Anchorage approved a
settlement among Exxon, the United States, and the state of Alaska for damages to "natural
resources" (publicly -owned wildlife and wild lands) from the Exxon Valdez oil spill (EVOS); and
WHEREAS, this settlement included a clause that provided a "Reopenerfor Unknown Injury," which
states (essentially) that, between September 1, 2002, and September 1, 2006, Exxon shall pay to the
Governments such additional sums as are required (up to $100 million) to restore oil- damaged
populations, habitats, or species in the spill zone if the injury could not reasonably have been known
nor anticipated at the time of the settlement; and
WHEREAS, unanticipated long -term harm from the Exxon Valdez oil spill has been clearly and
conclusively demonstrated by scientists funded through the EVOS Trustee Council and, separately,
through federal and state agencies, universities, and private foundations; and
WHEREAS, unforeseen damage includes delayed recovery of: 5 -6 years for pink salmon, about 8
years for black oystercatchers and river otters; and 15 or more years for mussel beds and beach
communities, sea otters, and fish- eating areas (from slow replacement of losses after spill); and
WHEREAS, unforeseen damage includes species not recovered after 15 or more years such as:
harlequin ducks, Pacific herring, pigeon guillemots, harbor seals (from slow replacement of losses
after spill), and mammal- eating orcas (from spill losses and impaired reproduction due to high body
burdens of PCBs); and
WHEREAS, unforeseen damage includes indirect effects to species like black - legged kittiwakes that were
not initially harmed by the spill, but were harmed through spill - related loss of prey species such as Pacific
herring; and
WHEREAS, much of the documented unforeseen damage stems from unexpectedly high levels of
spilled oil, which remains buried in the intertidal mne and which NOAA scientists now estimate will
take at least another 20 years to naturally degrade; and
WHEREAS, all of these long -term damages from oil were completely unanticipated at the time of
settlement because the understanding of oil toxicity then held that oil only caused short-term harm at
water levels of parts per million, while scientists now realize that oil also causes long -term harm at
water levels of parts per billion and trillion: and
WHEREAS, because of the scientific finding that oil is more toxic than previously thought, it is critical
to educate the public as to this finding and take measures to reduce risk of spills as well as to mitigate
lingering harm; and
Kodiak Island Borough Alaska Resolution No. FY2006 -17
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WHEREAS, none of the three parties to the settlement - Exxon, the federal government or the State
of Alaska -have petitioned to reopen the settlement.
NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THAT the Assembly hereby urges the United States Department of Justice and the State of Alaska to
Reopen the 1991 Civil Settlement From the Exxon Valdez Oil Spill and Claim the Full $100 Million for
Mitigation of Unanticipated Long -Term Harm: and
BE IT FURTHER RESOLVED THAT the US Justice Department and the State of Alaska consider, at
a minimum, the following potential mitigation projects:
Mitigation of lingering harm:
1. Monitor weathering and toxicity of residual oil under beaches
2. Monitor recovery of, and oil contamination in, subsistence foods on oiled beaches
3. Continue to monitor species that have not yet recovered
4. Establish, and compensate for, cost of unforeseen injury to species
5. Conduct a feasibility study and cohort epidemiology study on cleanup workers whose health may
have been impaired by the EVOS cleanup
6. Study of treated and untreated beaches to determine if any treatment methods used during the
EVOS cleanup actually worked; i.e., improved recovery of beach ecology over the long -term
Public education:
1. Fund an assessment of injured resources through the National Research Council
2. Fund a review and assessment of oil spill cleanup products that are not toxic to humans or the
environment through the National Research Council
3. Develop and implement national education programs on new understanding that oil is more toxic
than previously thought to humans and the environment (like tobacco industry settlement)
Measures to reduce risk of large spills:
1. Endow citizen oversight council for the Trans - Alaska Pipeline System (estimated cost: $25 million)
ADOPTED BY THE ASSEMBLY OF THE KODIAK ISLAND BOROUGH
THIS THIRD DAY OF NOVEMBER 2005
Kodiak Island Borough
Jerb
ATTEST: e
M. Selby, Borough aye
udith A. Nielsen, CMC, Borough Clerk
Kodiak Island Borough Alaska Resolution No. FY2006 -17
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