Posted on 06/13/2010 5:12:57 AM PDT by EBH
Dereliction of Duty
I am not a southern coast person. I live thousands of miles away from what is happening on our Gulf coast and yet I am not immune to the results. This spill will cost us, the US Taxpayer, over a billion dollars. President Barack Obama attempts to put this cost onto BP Oil and while they are indeed culpable for the failure of the rig; it is the government that is culpable regarding a Spill of National Significance. It is President Barack Obama that is charged with direct duties and responsibilities under the Clean Water Act when a worst case scenario strikes.
Those duties are to be executed by the President of the United States. Under the National Oil and Hazardous Substances Pollution Contingency Plan during a Spill of National Significance the government is to direct all, ALL, "direct all federal, state or private actions" to mitigate the spill "where a discharge or threat of discharge poses a substantial threat to the public health or welfare of the United States." While under the plan those abilities and duties have been delegated through the use of Executive Orders to agencies within the government, ultimate responsibility for the execution of those duties, the financial funds, and the authority to act without congressional approval to mitigate the spill is traced back to the Clean Water Act 311 (c)(2). The President is given, through the law, wide authority to respond to a Spill of National Significance.
It is only the President that has that authority.
Yes, BP Oil will pay for this spill. Our laws though are written in such a manner as to protect our nation and businesses in the event of a Spill of National Significance. The clean up and mitigation of such spills does not rest with the business that had the unfortunate accident. At the time the laws were written it was understood that any singular entity may not have all the resources available to mitigate such an event. After the Exxon Valdez spill the National Oil and Hazardous Substance Pollution Contingency Plan and the Trust Fund to pay for such accidents were established. President George W. Bush increased the trust fund amount in 2005.
President Barack Obama has been derelict in his duties to respond to what is the worst oil spill in US history. President Barack Obama and only he have the widest authority to act in regards to the oil spill. The lame blame game being played by him in attempting to affix responsibility for his own actions to peer pressure from Republicans, Tea Party Activists, etc. does not relieve him of his authorized lawful responsibilities to clean up and mitigate a Spill of National Significance.
There is numerous documentation of President Barack Obamas negligence over the course of this Spill of National Significance.
Jindal said he is explaining his concerns to the White House "that this incident may be overwhelming the capabilities of BP to respond to this disaster." The governor added that his repeated requests for the feds to share their cleanup plan with him have gone unanswered.
Requests for building of sand bars went unanswered.
Packgen has thousands of miles of oil boom sitting in a warehouse that no one will come get.
The President declining international assistance offered by 13 countries with the equipment to help mitigate the spill.
Only the President has the authority to order this stuff up, not BP Oil during a Spill of National Significance. The President has failed to carry out his lawfully assigned duties. He has been derelict on those duties and has failed to respond appropriately to a catastrophic event. Instead of fomenting a united front to manage this crisis, he works to create divisiveness and obscure his own direct responsibility for the ongoing damage being placed upon our Nation.
If he continues to fail to respond, President Barack Obama will be responsible for the spill mitigation strategies of the United States of America, under international treaties. Those costs well not be born by BP Oil. Those costs belong to us, the United States of America and will be the result of the dereliction of duty by President Barack Obama.
Everyone is screaming for BP to pay...But few know there is a Trust Fund that the drillers pay into for this type of disaster....and I have yet to hear the Media talk about this Trust Fund.
There is not enough money in it to cover this disaster. If Barack Obama had been acting on his lawful authority this would not be the case today.
Obama has added to his resume...he already has achieved the mantle of the most corrupt and worst president ever...to that he adds the most incompetent.
*****
“There ain’t no ticks like poly-ticks. Bloodsuckers all.”
-Davy Crockett (unsourced)
Ref
http://en.wikiquote.org/wiki/Davy_Crockett
**********
***If he continues to fail to respond, President Barack Obama will be responsible for the spill mitigation strategies of the United States of America, under international treaties. Those costs well not be born by BP Oil. Those costs belong to us, the United States of America and will be the result of the dereliction of duty by President Barack Obama.***
EBH, this is a VERY important statement, but I can’t find a citation. Do you happen to know where this was originally printed?
And then there is this little problem of MMS waivers, and general lack of oversight. But there have been many!!
I am tired of hearing about BP in this mess.
There was a point at which BP Oil became a mute point. That point was when this spill became a SONS.
The very fact that the government has not picked up the lead regarding the spill clean up...
Gibbs, claiming the government isn’t responsible for clean up...when the law is very clear about who is responsible for SONS...
Anger is not anything that describes my feelings right now. If I knew of a way to bring a legal hammer down...
If we had someone in the wings that could take up the mantel and lead this darn spill clean up effort...
I cannot help but think if McCain and Palin were in office right now what would have been done...
We need to impeach Obama, try him for treason and ship him to Gitmo to rot with his buddies.
I expect Obama will do his run and hide routine very soon....perhaps a vacation in Hawaii...as soon as the kids get out of school.
National Oil and Hazardous Substances Pollution Contingency Plan
http://www.doi.gov/oepc/response/ncp.htm
Sec. 300.3 (c) In implementing the NCP, consideration shall be given to international assistance plans and agreements, security regulations and responsibilities based on international agreements, federal statutes, and executive orders. Actions taken pursuant to the provisions of any applicable international joint contingency plans shall be consistent with the NCP, to the greatest extent possible. The Department of State shall be consulted, as appropriate, prior to taking any action which may affect its activities.
Sec. 300.170(13) The Department of State(DOS) will lead in the development of international joint contingency plans. It will also help to coordinate an international response when discharges or releases cross international boundaries or involve foreign flag vessels. Additionally, DOS will coordinate requests for assistance from foreign governments and U.S. proposals for conducting research at incidents that occur in waters of other countries
This is a big deal. Can you imagine paying Cuba for damages to their already dead ocean zones?
***We need to impeach Obama, try him for treason and ship him to Gitmo to rot with his buddies.***
NO, they get treated too well at Gitmo.
Family photos from the beautiful Beaches of Hawaii should go over like a lead balloon.
But then again, HE has no shame.
sw
THANK YOU!
I wonder if that raises the question whether Zero and his Secretary of State (Hitlery) might decide to allow a foreign flag to enter our territory only IF IT BELONGS to a MUSLIM STATE. Just asking. This is an amazing thread.
We have international contingency plans and treaties/agreements. Obama failing to take all measures possible to manage this spill will have profound legal ramifications if this crosses international boundaries. Consider this first being mentioned right here on FR.
I concur....most wholeheartedly.
Under the CWA the President is given very, very wide latitude. He can even order the destruction of a vessel if that is deemed the best option to control the spill.
0bama could be acting right now in regards to the spill ordering up booms, vessels, international or otherwise to contain the oil. BP has no say in any of these matters.
The Convention for the Protection and Development of the Marine Environment in the Wider Caribbean Region is a comprehensive, umbrella agreement for the protection and development of the marine environment. This regional environmental convention provides the legal framework for cooperative regional and national actions in the WCR.
http://www.cep.unep.org/cartagena-convention
he can’t even choose a pair of socks without help
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