The Observer, December 2004

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From the Executive Director: Exporting ideas from our sound to Puget Sound

By John Devens, Executive Director

I was mayor of Valdez when the Exxon Valdez hit Bligh Reef fifteen years ago. Like most Alaskans, I watched in sorrow and anger as regulators and responders fumbled, waters and beaches were fouled, wildlife died, and communities crumbled.

Recently, I found much of the anguish of that time coming back to me as I read and watched coverage of the Dalco Passage spill in Puget Sound.

The spill, estimated at approximately 1,000 gallons, was discovered and reported by a tugboat captain shortly before 2 a.m. on Oct. 14. The site is at the south end of Puget Sound, about five miles north of Tacoma.

Sadly, responders there appeared to be nearly as unprepared in 2004 as ours were in 1989. According to news reports, it was not until 8 a.m. – more than six hours after the tugboat captain’s report – that the most basic first step, a general notification of responders, took place. More precious time was needed after that for people and equipment to reach the scene. By then, as with the Exxon Valdez, it was too late. The oil had spread too far to be contained and miles of beaches were fouled.

As the Observer went to press, the ship responsible for the spill hadn’t been identified, although one of the oil tankers in the Valdez trade – the Polar Texas, operated by ConocoPhillips – was among those under investigation by the Coast Guard as the possible culprit.

Luckily, the spill was relatively small and damage to wildlife was limited because many bird species hadn’t arrived for the winter. Still, given the lack of readiness that apparently slowed the response, it’s impossible not to wonder what would happen if Puget Sound had a catastrophic spill.

These thoughts prompted me to publish a guest opinion in the Seattle Times last month to share some of the lessons Alaska citizens learned from the Exxon Valdez spill.

Since 1989, many safety improvements have been made to the oil transportation system in Prince William Sound – better radar, better tankers, and an elaborate escort system, to name a few that Observer readers will be familiar with.

And I believe our group is an equally important innovation. But as I struggled for the words to explain the idea of a citizens’ council to Puget Sound residents, I was obliged to think again about how and why citizen oversight works.

One reason it does, I concluded, is that citizens never let up. We stay in place as industry and agency personnel rotate through the system. Unlike regulators and elected officials, citizens are relatively immune to being lobbied or ‘captured’ by the industry they oversee. And, perhaps most importantly, citizens have the most to lose from a catastrophic spill.

Based on our experience in Alaska, I know that many factors determine whether citizen oversight, once instituted, can be effective. But I think two top the list.

Independence is the first necessity. The governing board must consist entirely of citizens. No company or agency should have a voting seat. And board members must be chosen by the communities and interest groups they represent, not appointed by an elected official, agency head, or industry executive.

Guaranteed funding is also essential, and it should be paid by the cost-causer – that is, the shipping industry being overseen – not by the communities at risk from shipping operations. Overseeing a complex shipping system is expensive, requiring a professional staff and frequent recourse to hired experts for technical analysis and advice.

I don’t know if the Dalco Passage spill will lead to the creation of a citizens’ council in Puget Sound, but I hope so. Their Sound is as beautiful as ours, and perhaps even more vulnerable to oil spills because it gets more traffic.

Under federal law, our council serves as a demonstration project for citizen oversight. So if our neighbors to the south do decide to form a comparable organization, we stand ready to help in any way we can. I believe Puget Sound would be safer with citizen oversight, just as Prince William Sound is.

• John Devens is executive director of the citizens’ council.