Since the explosion, federal regulators have been harshly criticized for giving BP’s Deepwater Horizon and hundreds of other drilling projects waivers from full environmental review and for failing to provide rigorous oversight of these projects.
In voicing his frustration with these regulators and vowing to change how they operate, Mr. Obama announced on May 14 a moratorium on drilling new wells and the granting of environmental waivers.
“It seems as if permits were too often issued based on little more than assurances of safety from the oil companies,” Mr. Obama said. “That cannot and will not happen anymore.”
“We’re also closing the loophole that has allowed some oil companies to bypass some critical environmental reviews,” he added in reference to the environmental waivers.
But records indicated that regulators continued granting the environmental waivers and permits for types of work like that occurring on the Deepwater Horizon.
In testifying before Congress on May 18, Mr. Salazar and officials from his agency said they recognized the problems with the waivers and they intended to try to rein them in. But Mr. Salazar also said that he was limited by a statutory requirement that he said obligated his agency to process drilling requests within 30 days after they have been submitted.
“That is what has driven a number of the categorical exclusions that have been given over time in the gulf,” he said.
But critics remained unsatisfied.
Shown the data indicating that waivers and permits were still being granted, Senator Benjamin L. Cardin, Democrat of Maryland, said he was “deeply troubled.”
“We were given the clear impression that these waivers and permits were not being granted,” said Mr. Cardin, who is a member of the Senate Environment and Public Works Committee, where Mr. Salazar testified last week. “I think the presumption should be that there should be stronger environmental reviews, not weaker.”
None of the projects that have recently been granted environmental waivers have started drilling.
However, these waivers have been especially troublesome to environmentalists because they were granted through a special legal provision that is supposed to be limited to projects that present minimal or no risk to the environment.
At least six of the drilling projects that have been given waivers in the past four weeks are for waters that are deeper — and therefore more difficult and dangerous — than where Deepwater Horizon was operating. While that rig, which was drilling at a depth just shy of 5,000 feet, was classified as a deep-water operation, many of the wells in the six projects are classified as “ultra” deep water, including four new wells at over 9,100 feet.
In explaining why they were still granting new permits for certain types of drilling on existing wells, Department of the Interior officials said some of the procedures being allowed are necessary for the safety of the existing wellbore.....
...Even before the Deepwater Horizon disaster, the use of environmental waivers was a source of concern. In September 2009, the Government Accountability Office released a report concluding that the waivers were being illegally granted to onshore drilling projects.
This month, the Interior Department announced plans to restrict the use of the waivers onshore, though not offshore. It also began a joint investigation of the offshore waiver process with the Council on Environmental Quality, an environmental arm of the White House.
The investigation, however, is likely to take months, and in the meantime the waivers are continuing to be issued. There is also a 60-day statute of limitations on contesting the waivers, which reduces the chances that they will be reversed if problems are found with the projects or the Obama administration’s review finds fault in the exemption process.
At least three lawsuits to strike down the waivers have been filed by environmental groups this month. The lawsuits argue that the waivers are overly broad and that they undermine the spirit of laws like the National Environmental Policy Act and the Endangered Species Act, which forbid drilling projects from moving forward unless they produce detailed environmental studies about minimizing potential risks.
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