The Lake Barre Oil Spill Nrda: From Response To Restoration

Abstract

ABSTRACT A release of approximately 6,561 barrels of crude oil from a Texaco pipeline into Lake Barre in May 1997 injured marsh, birds, and aquatic fauna. Texaco was proactive in dealing with the trustees in the Natural Resource Damage Assessment (NRDA) process and stayed directly involved throughout; resulting in a cooperative assessment. The trustees focused quickly on the key injuries that required assessment. There was early agreement to conduct a cooperative, restoration-based NRDA, and to design field studies for the injured marsh to provide inputs for scaling using habitat equivalency analysis (HEA). It also was agreed that for this incident, field studies to assess bird and aquatic faunal injury would not be cost-effective or likely improve the accuracy of injury estimates. Although agreement on a common quantification approach for faunal injury was not reached, the two sides agreed on how much restoration was appropriate. The parties developed an extensive list of restoration alternatives, and although the trustees retained the final decision making authority, there were no significant disagreements on how various alternatives ranked according to restoration selection criteria. The selected project is planting saltmarsh vegetation on a platform of dredged material placed on East Timbalier Island by the Coastal Wetland Planning, Protection, and Restoration Act (CWPPRA) program. No CWPPRA funds were available for planting. In scaling the restoration, Texaco will only get credit for the ecological services provided by their planting above that which would occur in the absence of planting. Factors such as erosion rates expected with and without planting and the rate of natural colonization of marsh in the absence of planting were considered in the scaling calculations. The trustees and Texaco jointly briefed attorneys for both sides throughout the NRDA process, but were not active participants in meetings regarding technical matters. These briefings ensured a quick transition from the injury assessment and restoration project selection process to settlement negotiations. A consent decree was lodged with the court in September 1999. Texaco will implement the restoration and the monitoring plan, and pay all trustee assessment and restoration oversight costs as part of the settlement.