Charles in Charge of the Oil Spill in the Gulf

Last Friday the President visited Louisiana to inspect the coast and visit with local officials. He reiterated something he had said earlier in the week at a press conference. This "something" flabbergasted me. He said he was in charge. He said he "takes full responsibility" for the cleanup.

Let me get this straight, the President of the United States is responsible for stopping the oil leak and cleaning up the resultant oil spill? I'm trying to wrap my brain around this from a legal standpoint. To be honest, I cannot. I also believe that in four years when I graduate from law school, I still will not be able to justify the President's words.

I read the Constitution, specifically Article II which defines the executive branch of the United States. I could not find legal wording stating the President is responsible for what is happening off the coast of Louisiana. I searched the entire Constitution to see if it defined who in the government is responsible for the oil spill or the oil leak. There isn't anything about the legal limits in this arena in the Constitution.

Now some may argue that oil spills were not around back in the late 1700's. I will give them that point. The Constitution defines the legal limits of each branch of the government and the government overall. It further does not state that a catastrophe in one state is the responsibility of the Federal government. The Federal government can definitely assist. But no place in the Constitution is it written the Federal government is allowed to take over any state, business, or any other entity. Something not explicitly written in the Constitution is not authorized for the Federal government; if anything, it's authorized to the States or to the people (Amendment 10 of the Constitution). As a matter of fact when the Federal government is required to do something for the state is written in Article IV Section 4 to the Constitution. "The United States......shall protect each of them (States in the Union) against Invasion."

I guess the oil spill could be looked upon as an invasion of oil. But then the United States is obligated to protect the state. Nothing is written to give the Federal government the authority to take over the stopping of the spill or allowing the President to be responsible or in charge of something happening in the Country or off its coast.

Since this oil leak is off the coast by some 40 miles who really is responsible? The territorial waters of the United States extends twelve nautical miles from the baseline (boundary line dividing land from ocean). International law also recognizes a contiguous zone. This "contiguous zone" extends from 12 nautical miles to 24 nautical miles. This is a zone to allow a territory to exert some control such as customs, immigration, and sanitary laws. The 40 miles is definitely outside the territorial control of the United States.

International law also recognizes an Exclusive Economic Zone (EEZ). This is a zone which gives each territory sovereign rights to the resources in a zone extending 200 miles from their baseline. The 40 miles is within the EEZ of the United States.

So what is BP doing drilling off the coast? Well, the United States leases their mineral rights to the oil companies. The oil companies then mine the resources from the earth and pay royalties to the United States. This means the United States "owns" the oil in the ground beneath the sea. The Federal government gives up the rights to the oil that the oil company pulls from the earth in return for monetary compensation. What this means is the oil polluting the Gulf of Mexico actually belongs to the Federal Government. However, the responsible party to the spill is BP, the oil company who was attempting to mine the oil. So who should be in charge? That's right BP. Who's at fault? Right now I'll say BP. (Only because the oil rig was not BP's but another company's. If the oil rig company was at fault for the explosion then that would make them at fault for the resultant oil leak. However, it wouldn't alleviate BP's liability for the leak or the resultant oil spill.)

So what should the President do about the oil spill? Stop the rhetoric and the PR stunts. He is not in charge of the oil leak. He should be deploying all resources necessary to the Gulf states to assist in cleanup and protecting their resources. He should be offering BP assistance in stopping the leak. If they don't want it, then so be it - remember, we don't have the expertise to stop the oil leak, and right now, it doesn't look like BP does either. The Federal government should also be ready to hold BP financially responsible. Unfortunately, there are limits to this based on federal laws.

I just heard on FOXNEWS that Eric Holder has said he will be filing charges against BP. This is something unwarranted. We should hold BP accountable but only after the oil leak is stopped. Any distractions are not needed at this time.

But I guess this is what happens with Charles in Charge.....

Mike

References:

Ask AP. (2010). Gulf boundaries. Retrieved 01 Jun 2010 from http://www.philly.com/philly/wires/ap/news/nation/20100528_ap_askapgulfboundariescreditagencyreports.html#axzz0pchbh3JD

Applegate, David. (1997). Doughnut holes in the gulf of Mexico. Retrieved 01 Jun 2010 from http://www.dur.ac.uk/resources/ibru/publications/full/bsb5-3_applegate.pdf

U.S. Commission on Ocean Policy. (n.d.) Primer on ocean jurisdictions:
drawing lines in the water. Retrieved 01 Jun 2010 from http://oceancommission.gov/documents/prepub_report/primer.pdf

Farlex. (n.d.) Territorial waters. Retrieved 01 Jun 2010 from http://legal-dictionary.thefreedictionary.com/Contiguous+zone

Farlex. (n.d.) Law of the sea. Retrieved 01 Jun 2010 from http://legal-dictionary.thefreedictionary.com/Law+of+the+Sea

Farlex. (n.d.) Contiguous zone. Retrieved 01 Jun 2010 from http://www.thefreedictionary.com/Contiguous+zone

Bazinet, K and Michael McAuliff. (2010). President Obama: I'm in charge of oil spill cleanup, but admits mistakes in reaction to BP slick . NY: NYdaily news. Retrieved 01 Jun 2010 from http://www.nydailynews.com/news/politics/2010/05/27/2010-5-27_president_obama_im_in_charge_of_oil_spill_cleanup_but_admits_mistakes_in_reactio.html#ixzz0pdz8fZsQ

Geology.com. (n.d.). Mineral rights. Retrieved 01 Jun 2010 from http://geology.com/articles/mineral-rights.shtml

Superville, D. (2010). Obama visits oil spill on Louisiana beach. Freep.com. Retrieved 01 Jun 2010 from http://www.freep.com/article/20100528/NEWS07/100528036/1322/Obama-visits-oil-spill-on-Louisiana-beach