Commentary: Where Does Obama Get the Authority to ‘Inform’ a Private Co. to Surrender Its Money?

(CNSNews.com) - In his first-ever address from the Oval Office on Tuesday night, President Barack Obama said he was going to “inform” the chairman of BP that he must surrender the company’s money to an independent party that will distribute it to people and businesses determined to have been harmed by the oil spill in the Gulf of Mexico.

The president’s declaration raises a serious constitutional question about his authority: Where does the president get the lawful power to order any private-sector company—BP or any other—that it must surrender its money? Should not courts and normal legal proceedings determine who is responsible, who has been harmed, and who owes what to whom in regards to the Gulf oil spill? Leaving aside BP's relative popularity or lack of it today, if President Obama, on his own initiative, can tell a corporation to surrender its money because he has determined its culpability in an oil spill, under what other circumstances can Obama or any future American president tell a corporation or a private citizen to surrender money?

What rights do the stockholders in BP have to due process of law to protect their property? The Fifth Amendment to the Constitution says: "No person shall be … deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Does Obama think he can “inform” persons and corporations to surrender or exchange their property without due process of law?

NOTE The following text is a quote:

www.whitehouse.gov/the-press-office/remarks-president-nation-bp-oil-spill

Home • Briefing Room • Speeches & Remarks

The White House

Office of the Press Secretary

For Immediate Release
June 15, 2010

Remarks by the President to the Nation on the BP Oil Spill

Oval Office

8:01 P.M. EDT

THE PRESIDENT: Good evening. As we speak, our nation faces a multitude of challenges. At home, our top priority is to recover and rebuild from a recession that has touched the lives of nearly every American. Abroad, our brave men and women in uniform are taking the fight to al Qaeda wherever it exists. And tonight, I’ve returned from a trip to the Gulf Coast to speak with you about the battle we’re waging against an oil spill that is assaulting our shores and our citizens.

On April 20th, an explosion ripped through BP Deepwater Horizon drilling rig, about 40 miles off the coast of Louisiana. Eleven workers lost their lives. Seventeen others were injured. And soon, nearly a mile beneath the surface of the ocean, oil began spewing into the water.

Because there has never been a leak this size at this depth, stopping it has tested the limits of human technology. That’s why just after the rig sank, I assembled a team of our nation’s best scientists and engineers to tackle this challenge — a team led by Dr. Steven Chu, a Nobel Prize-winning physicist and our nation’s Secretary of Energy. Scientists at our national labs and experts from academia and other oil companies have also provided ideas and advice.

As a result of these efforts, we’ve directed BP to mobilize additional equipment and technology. And in the coming weeks and days, these efforts should capture up to 90 percent of the oil leaking out of the well. This is until the company finishes drilling a relief well later in the summer that’s expected to stop the leak completely.

Already, this oil spill is the worst environmental disaster America has ever faced. And unlike an earthquake or a hurricane, it’s not a single event that does its damage in a matter of minutes or days. The millions of gallons of oil that have spilled into the Gulf of Mexico are more like an epidemic, one that we will be fighting for months and even years.

But make no mistake: We will fight this spill with everything we’ve got for as long as it takes. We will make BP pay for the damage their company has caused. And we will do whatever’s necessary to help the Gulf Coast and its people recover from this tragedy.

Tonight I’d like to lay out for you what our battle plan is going forward: what we’re doing to clean up the oil, what we’re doing to help our neighbors in the Gulf, and what we’re doing to make sure that a catastrophe like this never happens again.

First, the cleanup. From the very beginning of this crisis, the federal government has been in charge of the largest environmental cleanup effort in our nation’s history — an effort led by Admiral Thad Allen, who has almost 40 years of experience responding to disasters. We now have nearly 30,000 personnel who are working across four states to contain and clean up the oil. Thousands of ships and other vessels are responding in the Gulf. And I’ve authorized the deployment of over 17,000 National Guard members along the coast. These servicemen and women are ready to help stop the oil from coming ashore, they’re ready to help clean the beaches, train response workers, or even help with processing claims — and I urge the governors in the affected states to activate these troops as soon as possible.

Because of our efforts, millions of gallons of oil have already been removed from the water through burning, skimming and other collection methods. Over five and a half million feet of boom has been laid across the water to block and absorb the approaching oil. We’ve approved the construction of new barrier islands in Louisiana to try to stop the oil before it reaches the shore, and we’re working with Alabama, Mississippi and Florida to implement creative approaches to their unique coastlines.

As the cleanup continues, we will offer whatever additional resources and assistance our coastal states may need. Now, a mobilization of this speed and magnitude will never be perfect, and new challenges will always arise. I saw and heard evidence of that during this trip. So if something isn’t working, we want to hear about it. If there are problems in the operation, we will fix them.

But we have to recognize that despite our best efforts, oil has already caused damage to our coastline and its wildlife. And sadly, no matter how effective our response is, there will be more oil and more damage before this siege is done. That’s why the second thing we’re focused on is the recovery and restoration of the Gulf Coast.

You know, for generations, men and women who call this region home have made their living from the water. That living is now in jeopardy. I’ve talked to shrimpers and fishermen who don’t know how they’re going to support their families this year. I’ve seen empty docks and restaurants with fewer customers -– even in areas where the beaches are not yet affected. I’ve talked to owners of shops and hotels who wonder when the tourists might start coming back. The sadness and the anger they feel is not just about the money they’ve lost. It’s about a wrenching anxiety that their way of life may be lost.

I refuse to let that happen. Tomorrow, I will meet with the chairman of BP and inform him that he is to set aside whatever resources are required to compensate the workers and business owners who have been harmed as a result of his company’s recklessness. And this fund will not be controlled by BP. In order to ensure that all legitimate claims are paid out in a fair and timely manner, the account must and will be administered by an independent third party.

Beyond compensating the people of the Gulf in the short term, it’s also clear we need a long-term plan to restore the unique beauty and bounty of this region. The oil spill represents just the latest blow to a place that’s already suffered multiple economic disasters and decades of environmental degradation that has led to disappearing wetlands and habitats. And the region still hasn’t recovered from Hurricanes Katrina and Rita. That’s why we must make a commitment to the Gulf Coast that goes beyond responding to the crisis of the moment.

I make that commitment tonight. Earlier, I asked Ray Mabus, the Secretary of the Navy, who is also a former governor of Mississippi and a son of the Gulf Coast, to develop a long-term Gulf Coast Restoration Plan as soon as possible. The plan will be designed by states, local communities, tribes, fishermen, businesses, conservationists and other Gulf residents. And BP will pay for the impact this spill has had on the region.

The third part of our response plan is the steps we’re taking to ensure that a disaster like this does not happen again. A few months ago, I approved a proposal to consider new, limited offshore drilling under the assurance that it would be absolutely safe –- that the proper technology would be in place and the necessary precautions would be taken.

That obviously was not the case in the Deepwater Horizon rig, and I want to know why. The American people deserve to know why. The families I met with last week who lost their loved ones in the explosion — these families deserve to know why. And so I’ve established a National Commission to understand the causes of this disaster and offer recommendations on what additional safety and environmental standards we need to put in place. Already, I’ve issued a six-month moratorium on deepwater drilling. I know this creates difficulty for the people who work on these rigs, but for the sake of their safety, and for the sake of the entire region, we need to know the facts before we allow deepwater drilling to continue. And while I urge the Commission to complete its work as quickly as possible, I expect them to do that work thoroughly and impartially.

One place we’ve already begun to take action is at the agency in charge of regulating drilling and issuing permits, known as the Minerals Management Service. Over the last decade, this agency has become emblematic of a failed philosophy that views all regulation with hostility — a philosophy that says corporations should be allowed to play by their own rules and police themselves. At this agency, industry insiders were put in charge of industry oversight. Oil companies showered regulators with gifts and favors, and were essentially allowed to conduct their own safety inspections and write their own regulations.

When Ken Salazar became my Secretary of the Interior, one of his very first acts was to clean up the worst of the corruption at this agency. But it’s now clear that the problem there ran much deeper, and the pace of reform was just too slow. And so Secretary Salazar and I are bringing in new leadership at the agency — Michael Bromwich, who was a tough federal prosecutor and Inspector General. And his charge over the next few months is to build an organization that acts as the oil industry’s watchdog — not its partner.

So one of the lessons we’ve learned from this spill is that we need better regulations, better safety standards, and better enforcement when it comes to offshore drilling. But a larger lesson is that no matter how much we improve our regulation of the industry, drilling for oil these days entails greater risk. After all, oil is a finite resource. We consume more than 20 percent of the world’s oil, but have less than 2 percent of the world’s oil reserves. And that’s part of the reason oil companies are drilling a mile beneath the surface of the ocean — because we’re running out of places to drill on land and in shallow water.

For decades, we have known the days of cheap and easily accessible oil were numbered. For decades, we’ve talked and talked about the need to end America’s century-long addiction to fossil fuels. And for decades, we have failed to act with the sense of urgency that this challenge requires. Time and again, the path forward has been blocked — not only by oil industry lobbyists, but also by a lack of political courage and candor.

The consequences of our inaction are now in plain sight. Countries like China are investing in clean energy jobs and industries that should be right here in America. Each day, we send nearly $1 billion of our wealth to foreign countries for their oil. And today, as we look to the Gulf, we see an entire way of life being threatened by a menacing cloud of black crude.

We cannot consign our children to this future. The tragedy unfolding on our coast is the most painful and powerful reminder yet that the time to embrace a clean energy future is now. Now is the moment for this generation to embark on a national mission to unleash America’s innovation and seize control of our own destiny.

This is not some distant vision for America. The transition away from fossil fuels is going to take some time, but over the last year and a half, we’ve already taken unprecedented action to jumpstart the clean energy industry. As we speak, old factories are reopening to produce wind turbines, people are going back to work installing energy-efficient windows, and small businesses are making solar panels. Consumers are buying more efficient cars and trucks, and families are making their homes more energy-efficient. Scientists and researchers are discovering clean energy technologies that someday will lead to entire new industries.

Each of us has a part to play in a new future that will benefit all of us. As we recover from this recession, the transition to clean energy has the potential to grow our economy and create millions of jobs -– but only if we accelerate that transition. Only if we seize the moment. And only if we rally together and act as one nation –- workers and entrepreneurs; scientists and citizens; the public and private sectors.
When I was a candidate for this office, I laid out a set of principles that would move our country towards energy independence. Last year, the House of Representatives acted on these principles by passing a strong and comprehensive energy and climate bill –- a bill that finally makes clean energy the profitable kind of energy for America’s businesses.

Now, there are costs associated with this transition. And there are some who believe that we can’t afford those costs right now. I say we can’t afford not to change how we produce and use energy -– because the long-term costs to our economy, our national security, and our environment are far greater.

So I’m happy to look at other ideas and approaches from either party -– as long they seriously tackle our addiction to fossil fuels. Some have suggested raising efficiency standards in our buildings like we did in our cars and trucks. Some believe we should set standards to ensure that more of our electricity comes from wind and solar power. Others wonder why the energy industry only spends a fraction of what the high-tech industry does on research and development -– and want to rapidly boost our investments in such research and development.

All of these approaches have merit, and deserve a fair hearing in the months ahead. But the one approach I will not accept is inaction. The one answer I will not settle for is the idea that this challenge is somehow too big and too difficult to meet. You know, the same thing was said about our ability to produce enough planes and tanks in World War II. The same thing was said about our ability to harness the science and technology to land a man safely on the surface of the moon. And yet, time and again, we have refused to settle for the paltry limits of conventional wisdom. Instead, what has defined us as a nation since our founding is the capacity to shape our destiny -– our determination to fight for the America we want for our children. Even if we’re unsure exactly what that looks like. Even if we don’t yet know precisely how we’re going to get there. We know we’ll get there.

It’s a faith in the future that sustains us as a people. It is that same faith that sustains our neighbors in the Gulf right now.

Each year, at the beginning of shrimping season, the region’s fishermen take part in a tradition that was brought to America long ago by fishing immigrants from Europe. It’s called “The Blessing of the Fleet,” and today it’s a celebration where clergy from different religions gather to say a prayer for the safety and success of the men and women who will soon head out to sea -– some for weeks at a time.
The ceremony goes on in good times and in bad. It took place after Katrina, and it took place a few weeks ago –- at the beginning of the most difficult season these fishermen have ever faced.

And still, they came and they prayed. For as a priest and former fisherman once said of the tradition, “The blessing is not that God has promised to remove all obstacles and dangers. The blessing is that He is with us always,” a blessing that’s granted “even in the midst of the storm.”

The oil spill is not the last crisis America will face. This nation has known hard times before and we will surely know them again. What sees us through -– what has always seen us through –- is our strength, our resilience, and our unyielding faith that something better awaits us if we summon the courage to reach for it.

Tonight, we pray for that courage. We pray for the people of the Gulf. And we pray that a hand may guide us through the storm towards a brighter day. Thank you, God bless you, and may God bless the United States of America.

END
8:18 P.M. EDT

NOTE The following text is a quote:

www.whitehouse.gov/the-press-office/president-obama-announces-bromwich-fix-oil-industry-oversight

Home • Briefing Room • Statements & Releases

The White House

Office of the Press Secretary

For Immediate Release June 15, 2010
President Obama Announces Bromwich to Fix Oil Industry Oversight

WASHINGTON, D.C. – Today, President Barack Obama announced his selection of Michael R. Bromwich to lead the Administration’s efforts to accelerate reforms in the regulation and oversight of offshore oil drilling.

Bromwich will lead the effort to reform the Minerals Management Service (MMS), restoring integrity and rigor to the relationship between federal regulatory officials and oil companies. Bromwich will develop the plans for a new oversight structure, replacing long-standing, inadequate practices with a gold-standard approach for environmental and safety regulation. He has a mandate to implement far-reaching change and will have the resources to accomplish that change.

“For a decade or more, the cozy relationship between the oil companies and the federal agency was allowed to go unchecked. That allowed drilling permits to be issued in exchange not for safety plans, but assurances of safety from oil companies. That cannot and will not happen anymore,” President Obama said.

Specifically, Bromwich will oversee the reorganization of the MMS to eliminate conflicts among the different missions of the agency which include establishing safety standards, regulating industry compliance, and collecting royalties. These actions will ensure that there is no conflict of interest, real or perceived, in oil industry oversight. Secretary Salazar has announced plans to split MMS into three new divisions – the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement, and the Office of Natural Resources Revenue – the most significant in a series of Interior Department reforms launched since January 2009.

Bromwich’s work will be based in part on the Interior Department’s 30-day report on the safety and environmental precautions for offshore drilling rigs and the forthcoming recommendations of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling.

Bromwich is a former Assistant U.S. Attorney and Justice Department Inspector General. He is a national leader in taking broken agencies, applying rigorous reforms and oversight, and seeing positive results. His work has led to significant improvements in a variety of organizations ranging from Federal agencies to local police departments in Houston and Washington.

President Obama announced his appointment of the following individual to a key Administration post:

Michael R. Bromwich is a litigation partner in the Washington, D.C., and New York offices of Fried Frank where he heads the firm’s Internal Investigations, Compliance and Monitoring practice group. Mr. Bromwich concentrates his practice on conducting internal investigations for private companies and other organizations; providing monitoring and oversight services in connection with public and private litigation and government enforcement actions; and representing institutions and individuals in white-collar criminal and regulatory matters.

In 2002, Mr. Bromwich was selected by the Department of Justice and the District of Columbia to serve as the Independent Monitor for the District of Columbia’s Metropolitan Police Department (MPD), focusing on use of force, civil rights integrity, internal misconduct, and training issues. He served in that position until 2008 when MPD was determined to have achieved substantial compliance. In 2007, Mr. Bromwich was selected by the City of Houston to undertake a comprehensive investigation of the Houston Police Department Crime Lab; the investigation was widely praised for identifying serious problems in some of the Crime Lab’s operations and providing recommendations for the Lab’s improvement.

Prior to joining the law firm, Bromwich served as Inspector General for the Department of Justice from 1994 - 1999. As Inspector General, he headed the law enforcement agency principally responsible for conducting criminal and administrative investigations into allegations of corruption and misconduct involving the 120,000 employees of the Department of Justice. He was best known for conducting special investigations into allegations of misconduct, defective procedures and incompetence in the FBI Laboratory; the FBI’s conduct and activities regarding the Aldrich Ames matter; the handling of classified information by the FBI and the Department of Justice in the campaign finance investigation; the alleged deception of a Congressional delegation by high-ranking officials of the Immigration and Naturalization Service; and the Justice Department’s role in the CIA crack cocaine controversy.

Before his appointment as Inspector General, Mr. Bromwich served as a federal prosecutor in the U.S. Attorney’s Office for the Southern District of New York and as Associate Counsel in the Office of Independent Counsel for Iran-Contra. Bromwich was one of three courtroom lawyers for the government in the case of United States v. Oliver L. North. Bromwich’s other responsibilities in that office included supervising a team of prosecutors and law enforcement agents that investigated allegations of criminal misconduct against government officials and private citizens in connection with provision of aid to the Contras in Nicaragua and serving as overall coordinator of the Iran-Contra grand jury.

Bromwich received his law degree from the Harvard Law School in 1980 and a master’s degree in Public Policy from Harvard’s John F. Kennedy School of Government the same year. He received his undergraduate degree, summa cum laude, from Harvard College in 1976.

Previously...

NOTE The following text is a quote:

www.whitehouse.gov/the-press-office/executive-order-national-commission-bp-deepwater-horizon-oil-spill-and-offshore-dri

Home • Briefing Room • Presidential Actions • Executive Orders

The White House

Office of the Press Secretary

For Immediate Release May 22, 2010

Executive Order— National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:

Section 1. Establishment. There is established the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling (the “Commission”).

Sec. 2. Membership. (a) The Commission shall be composed of not more than 7 members who shall be appointed by the President. The members shall be drawn from among distinguished individuals, and may include those with experience in or representing the scientific, engineering, and environmental communities, the oil and gas industry, or any other area determined by the President to be of value to the Commission in carrying out its duties.

(b) The President shall designate from among the Commission members two members to serve as Co Chairs.

Sec. 3. Mission. The Commission shall:

(a) examine the relevant facts and circumstances concerning the root causes of the Deepwater Horizon oil disaster;

(b) develop options for guarding against, and mitigating the impact of, oil spills associated with offshore drilling, taking into consideration the environmental, public health, and economic effects of such options, including options involving:

(1) improvements to Federal laws, regulations, and industry practices applicable to offshore drilling that would ensure effective oversight, monitoring, and response capabilities; protect public health and safety, occupational health and safety, and the environment and natural resources; and address affected communities; and

(2) organizational or other reforms of Federal agencies or processes necessary to ensure such improvements are implemented and maintained.

(c) submit a final public report to the President with its findings and options for consideration within 6 months of the date of the Commission’s first meeting.

Sec. 4. Administration. (a) The Commission shall hold public hearings and shall request information including relevant documents from Federal, State, and local officials, nongovernmental organizations, private entities, scientific institutions, industry and workforce representatives, communities, and others affected by the Deepwater Horizon oil disaster, as necessary to carry out its mission.

(b) The heads of executive departments and agencies, to the extent permitted by law and consistent with their ongoing activities in response to the oil spill, shall provide the Commission such information and cooperation as it may require for purposes of carrying out its mission.

(c) In carrying out its mission, the Commission shall be informed by, and shall strive to avoid duplicating, the analyses and investigations undertaken by other governmental, nongovernmental, and independent entities.

(d) The Commission shall ensure that it does not interfere with or disrupt any ongoing or anticipated civil or criminal investigation or law enforcement activities or any effort to recover response costs or damages arising out of the Deepwater Horizon explosion, fire, and oil spill. The Commission shall consult with the Department of Justice concerning the Commission’s activities to avoid any risk of such interference or disruption.

(e) The Commission shall have a staff, headed by an Executive Director.

(f) The Commission shall terminate 60 days after submitting its final report.

Sec. 5. General Provisions. (a) To the extent permitted by law, and subject to the availability of appropriations, the Secretary of Energy shall provide the Commission with such administrative services, funds, facilities, staff, and other support services as may be necessary to carry out its mission.

(b) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the “Act”), may apply to the Commission, any functions of the President under that Act, except for those in section 6 of the Act, shall be performed by the Secretary of Energy in accordance with guidelines issued by the Administrator of General Services.

(c) Members of the Commission shall serve without any additional compensation for their work on the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, to the extent permitted by law for persons serving intermittently in the Government service (5 U.S.C. 5701-5707).

(d) Nothing in this order shall be construed to impair or otherwise affect:

(1) authority granted by law to a department, agency, or the head thereof; or

(2) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(e) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA

THE WHITE HOUSE,
May 21, 2010.

NOTE The following text is a quote:

www.whitehouse.gov/the-press-office/president-obama-announces-members-bp-deepwater-horizon-oil-spill-and-offshore-drill

Home • Briefing Room • Statements & Releases

The White House

Office of the Press Secretary

For Immediate Release June 14, 2010

President Obama Announces Members of the BP Deepwater Horizon Oil Spill and Offshore Drilling Commission

WASHINGTON – Today, President Barack Obama announced his intent to appoint the following individuals to complete the membership of the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling:

Frances G. Beinecke, Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

Donald Boesch, Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

Terry D. Garcia, Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

Cherry A. Murray, Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

Frances Ulmer, Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling

The bipartisan Commission, established through an Executive Order, is tasked with providing recommendations on how we can prevent – and mitigate the impact of – any future spills that result from offshore drilling. The Council is co-chaired by former two-term Florida Governor and former U.S. Senator Bob Graham and former Administrator of the Environmental Protection Agency William K. Reilly

President Obama said, “These individuals bring tremendous expertise and experience to the critical work of this commission. I am grateful they have agreed to serve as we work to determine the causes of this catastrophe and implement the safety and environmental protections we need to prevent a similar disaster from happening again.”

President Obama announced his intent to appoint the following individuals to key administration posts:

Frances G. Beinecke, Appointee for Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling
Frances Beinecke is currently the President of the Natural Resources Defense Council (NRDC), a non-profit corporation that works to advance environmental policy in the United States and across the world. Ms. Beinecke has worked at NRDC for 35 years, serving as executive director, associate director and deputy executive director. From 1974 through 1983, Ms. Beinecke worked as a coastal resource specialist in NRDC’s water and coastal programs, fighting to protect marine ecosystems from the impact of offshore oil and gas development and advocating for sound coastal land use. Ms. Beinecke currently serves on the Board of the World Resources Institute and the steering committees of the U.S. Climate Action Partnership and the Energy Futures Coalition. She was a member of the Yale Corporation and currently serves on the advisory boards of the Yale School of Management and the Yale School of Forestry and Environmental Science. She is the co-author of the book, Clean Energy Common Sense: An American Call to Action on Global Climate Change. Ms. Beinecke received a B.S. from Yale University and a M.F.S. from the Yale School of Forestry and Environmental Studies.

Donald Boesch, Appointee for Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling
Donald “Don” Boesch is the President of the University of Maryland Center for Environmental Science, where he is also a Professor of Marine Science and Vice Chancellor for Environmental Sustainability for the University System of Maryland. Dr. Boesch assumed the position of President in 1990. From 1980 to 1990, he served as the first Executive Director of the Louisiana Universities Marine Consortium and worked as a Professor of Marine Science at Louisiana State University. Dr. Boesch is a biological oceanographer who has conducted research on coastal ecosystems along the Atlantic Coast, the Gulf of Mexico, Australia and the East China Sea. A native of Louisiana, he has assessed the long-term environmental effects of offshore oil and gas development and multiple environmental problems of the Gulf Coast. A pioneer in the study of the environmental effects of offshore energy development, Dr. Boesch edited the seminal 1987 work, Long-Term Environmental Effects of Offshore Oil and Gas Development. He has served as science advisor to many state and federal agencies and regional, national and international programs. Dr. Boesch is also Chair of the Ocean Studies Board of the National Research Council and a member of the National Academies Committee on America’s Climate Choices. He holds a B.S. from Tulane University and a Ph.D. from the College of William & Mary. Dr. Boesch was also a Fulbright Postdoctoral Fellow at the University of Queensland, Australia.

Terry D. Garcia, Appointee for Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling
Terry D. Garcia is currently Executive Vice President for Mission Programs for the National Geographic Society. He is responsible for the Society’s core mission programs, including programs that support and manage more than 400 scientific field research, conservation and exploration projects annually. Prior to joining the Society in 1999, Mr. Garcia was Assistant Secretary of Commerce for Oceans and Atmosphere at the U.S. Department of Commerce, and Deputy Administrator of the National Oceanic and Atmospheric Administration (NOAA). In this role, he directed and coordinated U.S. coastal, ocean and atmospheric programs, including recovery of endangered species, habitat conservation planning, Clean Water Act implementation, development of the national marine sanctuary system and commercial satellite licensing. From 1994 to 1996, he was General Counsel at NOAA and led the implementation of the Exxon Valdez Oil Spill Restoration Plan for Prince William Sound and the Gulf of Alaska. Before entering government service, Mr. Garcia was a partner in the law firms of Manatt, Phelps & Phillips and Hughes Hubbard & Reed. Mr. Garcia has served on various boards and commissions, including the Institute for Exploration/Mystic Aquarium, the Amazonian Center for Environmental Education and Research, the U.S. National Committee for the Census of Marine Life and the Harte Research Institute of Gulf of Mexico Studies at Texas A&M University. He is also a trustee emeritus of the National Marine Sanctuary Foundation. Mr. Garcia has also served on panels convened by the National Academy of Sciences and the National Academy of Public Administration. He holds a B.A. from American University and a J.D. from The George Washington University.

Cherry A. Murray, Appointee for Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling
Dr. Cherry Murray was appointed the Dean of the Harvard School of Engineering and Applied Sciences (SEAS) and John A. and Elizabeth S. Armstrong Professor of Engineering and Applied Sciences in July 2009, and is currently the Past President of the American Physical Society. Dr. Murray’s expertise is in condensed matter and materials physics, phase transitions, light scattering and surface physics, including the study of soft condensed matter and complex fluids, as well as the management of science and technology. Previously, Dr. Murray was Principle Associate Director (2007-2009) and Deputy Director (2004-2007) for Science and Technology at Lawrence Livermore National Laboratory. Dr. Murray joined Bell Laboratories in 1978 as a Staff Scientist, marking the beginning of a career that culminated in her position as Senior Vice President for Physical Sciences and Wireless Research at Lucent Technologies (2001-2004). Dr. Murray was elected to the National Academy of Sciences in 1999, to the American Academy of Arts and Sciences in 2001, and to the National Academy of Engineering in 2002. She has served on more than 80 national and international scientific advisory committees, governing boards, and National Research Council (NRC) panels, including chairing the Division of Engineering and Physical Science of the NRC, and serving on the visiting committee for Harvard’s Department of Physics from 1993 to 2004. In 2002, Discover Magazine named Dr. Murray one of the “50 Most Important Women in Science.” Dr. Murray holds a Bachelor of Science (1973) and a Ph.D. (1978), both in Physics, from the Massachusetts Institute of Technology.

Frances Ulmer, Appointee for Member, National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling
Fran Ulmer is Chancellor of the University of Alaska Anchorage (UAA), Alaska’s largest public university. In addition to serving as UAA’s Chancellor, Ms. Ulmer is a member of the Aspen Institute’s Commission on Arctic Climate Change and holds Board positions with the Alaska Nature Conservancy, the National Parks Conservation Association and the Union of Concerned Scientists. Prior to her appointment as Chancellor in 2007, Ms. Ulmer was a Distinguished Visiting Professor of Public Policy and Director of the Institute of Social and Economic Research at UAA. During her more than 30 years of working in public service on the local, state, and national levels, Ms. Ulmer has helped to shape both public and environmental policy. As a state legislator, Ms. Ulmer served as a member on the Special Committee on the Exxon Valdez Oil Spill Claims Settlement. In addition, she was the first Chair of the Alaska Coastal Policy Council, was a member of Governor Tony Knowles’ Alaska Highway Natural Gas Policy Council and served for more than 10 years on the North Pacific Anadromous Fish Commission. Ms. Ulmer served as an elected official for 18 years as the mayor of Juneau, as a state representative and as Lieutenant Governor of Alaska. Ms. Ulmer served as Director of Policy Development for the State of Alaska, managing diverse programs, including coastal management, intergovernmental coordination, and public participation initiatives. At the national level, Ms. Ulmer served as a member of the Federal Communications Commission’s State and Local Advisory Committee, the Federal Elections Commission’s State Advisory Committee and co-chaired the National Academies of Science’s Committee on State Voter Registration Databases. Ms. Ulmer earned a J.D. cum laude from the University of Wisconsin Law School, and has been a Fellow at the Institute of Politics at the Kennedy School of Government.

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