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Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 185
BY REPRESENTATIVE GAROFALO
HOMELAND SECURITY: Requests the Dept. of Homeland Security to direct the U.S.
Coast Guard to implement all cleanup methods prior to the conclusion of an
emergency or active response
A CONCURRENT RESOLUTI ON1
To urge and request the Department of Homeland Security to direct the United States Coast2
Guard (USCG) to implement all reasonable containment, countermeasures, cleanup3
and removal efforts allowable during active response while allowing substantive4
input from and in collaboration with the state of Louisiana and the affected coastal5
parishes to ensure an efficient, coordinated, and effective cleanup of coastal6
Louisiana prior to bringing an active response to an end. 7
WHEREAS, coastal Louisiana is considered an economic engine and national8
treasure that is of critical importance to the entire nation as a wildlife sanctuary, nursery9
ground, and source of energy and recreation; and 10
WHEREAS, coastal Louisiana provides habitat for millions of migratory birds11
traversing the Gulf of Mexico, is the nation's top producer of shrimp, crawfish, and blue12
crabs, has the highest rate of crude oil production and the second highest rate of natural gas13
production in the nation, and generated approximately two billion in annual revenues from14
the recreational fishing industry and approximately $9.3 billion in 2010 in annual revenues15
from the tourism industry, rendering coastal Louisiana's unique culture, plentiful natural16
resources, and natural beauty vital to the survival of our region and nation; and17
WHEREAS, coastal Louisiana was greatly impacted on April 20, 2010, when the18
Deepwater Horizon mobile drilling unit, which was being used to drill an exploratory well19
for BP Exploration and Production, Inc. (BP), violently exploded, killed eleven Americans,20 HLS 12RS-4690 ORIGINAL
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caught fire and eventually sank resulting in the unauthorized discharge of an estimated five1
million barrels (210 million gallons) of MC252 oil into the Gulf of Mexico and ultimately2
the majority of which came into and upon the waters and coastline of Louisiana, marking3
this to be an environmental disaster of unprecedented proportions; and4
WHEREAS, over the course of the Deepwater Horizon oil spill, approximately 6605
miles of coastal Louisiana received some degree of oiling and seventy-five percent (270.26
miles) of the total miles of heavy to moderately oiled shoreline (360.3 miles) were located7
in coastal Louisiana, making Louisiana the most impacted state in the gulf; and8
WHEREAS, approximately two years after the incident, coastal Louisiana continues9
to be impacted by the incident as established by April 21, 2012, response data, which10
indicates that over 214 miles of Louisiana's shorelines continue to show some degree of11
oiling; and12
WHEREAS, the state of Louisiana has reached out to the USCG, the lead federal13
agency charged with effectively removing the oil caused by the Deepwater Horizon oil spill,14
requesting that the USCG implement all reasonable containment, countermeasures, cleanup,15
and removal efforts allowable during active response under the National Oil and Hazardous16
Substances Pollution Contingency Plan (40 C.F.R. ยง300) (NCP), yet the USCG remains17
focused on prematurely ending Deepwater Horizon response; and18
WHEREAS, the USCG has failed to give the state of Louisiana an opportunity for19
meaningful collaboration on multiple occasions in plan development and decisionmaking,20
which is of vital importance in ensuring that decisions being made are truly reflective of21
current oiling conditions, and protective of the long-term needs of coastal Louisiana; and22
WHEREAS, despite the fact that Louisiana's affected coastal parishes possess local23
knowledge that is critical to successfully responding to response efforts within their borders,24
the USCG has continued to exclude the affected coastal parishes from actively participating25
in response efforts after clearly guaranteeing that the coastal parishes would be given a26
participatory role and decisionmaking authority in the demobilization of cleanup efforts and27
the end of Deepwater Horizon response; and28
WHEREAS, the USCG has failed to enforce BP's cleanup of over one thousand29
boom anchors throughout coastal Louisiana, which continue to pose a significant risk to30 HLS 12RS-4690 ORIGINAL
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navigation, commercial operations, and recreational users of coastal Louisiana, and have1
caused property damage to a number of boaters; and2
WHEREAS, the USCG has refused to direct BP to remove the orphaned boom3
anchors despite the state of Louisiana's repeated efforts to: (1) point out the hazard posed4
by the presence of the orphaned boom anchors; (2) ask that the USCG properly investigate5
the danger and risk of the orphaned boom anchors; and (3) request that the USCG undertake6
removal efforts to remove the risk created by the orphaned boom anchors; and7
WHEREAS, the state of Louisiana and coastal parishes remain very concerned about8
MC252 submerged oil in and along our coast and the potential for oil to continue washing9
ashore and have repeatedly requested that the USCG implement removal of submerged oil10
as a response action to mitigate damage to the public health and welfare of the United States11
including but not limited to fish, shellfish, wildlife, public and private property, shorelines12
and beaches, and to the environment of Louisiana; and 13
WHEREAS, reverting to a legacy response system is inadequate to protect and14
ensure full cleanup of coastal Louisiana due to the unprecedented magnitude of the15
Deepwater Horizon oil spill, the disproportionate impacts to Louisiana, and the unique16
nature of our shoreline; the state of Louisiana has continuously asked that the USCG17
implement a plan for maintenance and long-term monitoring of coastal Louisiana to identify18
the presence and location of unaccounted for MC252 oil in and along coastal Louisiana and19
removal of such oil; and 20
WHEREAS, the state of Louisiana and affected coastal parishes are greatly21
concerned that the USCG will prematurely withdraw response capacity prior to executing22
the necessary and robust response efforts to which it has previously committed, and23
Louisiana and the coastal parishes insist that Deepwater Horizon response activities continue24
until it can be demonstrated that MC252 oil no longer affects Louisiana shorelines and the25
uncertainty surrounding unaccounted for oil is resolved. 26
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby27
urge and request the USCG to do all of the following:28 HLS 12RS-4690 ORIGINAL
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(1) Continue the necessary and robust response efforts to which it has previously1
committed and refrain from pursuing a premature exit strategy from the Deepwater Horizon2
response.3
(2) Coordinate with the state of Louisiana and affected coastal parishes to ensure that4
decisions being made are truly reflective of current oiling conditions and are protective of5
the long-term needs of coastal Louisiana.6
(3) Reconsider the removal of orphaned boom anchors that continue to pose a7
significant risk to navigation, commercial operations, and recreational users of coastal8
Louisiana.9
(4) Develop a plan to investigate a method for locating, identifying, and removing10
MC252 submerged oil in Louisiana waters.11
(5) Develop a maintenance and long-term monitoring plan to address continued12
oiling on Louisiana shorelines.13
BE IT FURTHER RESOLVED that for the duration of the Deepwater Horizon14
response, the USCG shall engage, collaborate with, and incorporate information and15
perspective from the affected coastal parishes, including but not limited to the following:16
(1) Cameron Parish.17
(2) Iberia Parish.18
(3) Jefferson Parish.19
(4) Lafourche Parish.20
(5) Orleans Parish.21
(6) Plaquemines Parish.22
(7) St. Bernard Parish.23
(8) St. Mary Parish.24
(9) St. Tammany Parish.25
(10) Terrebonne Parish.26
(11) Vermilion Parish.27
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the28
secretary of the Department of Homeland Security, the Louisiana congressional delegation,29 HLS 12RS-4690 ORIGINAL
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with a request that the Louisiana congressional delegation undertake all efforts within their1
means to ensure the objectives of this Resolution are achieved.2
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Garofalo HCR No. 185
Requests the Dept. of Homeland Security to direct the U.S. Coast Guard to implement all
cleanup methods prior to the conclusion of an emergency or active response.