Scientists like Steiner had urgently tried to alert Obama to the depth of the rot at MMS. "I talked to the transition team," Steiner says. "I told them that MMS was a disaster and needed to be seriously reformed." A top-to-bottom restructuring of MMS didn't require anything more than Ken Salazar's will: The agency only exists by order of the Interior secretary. "He had full authority to change anything he wanted," says Rep. Issa, a longtime critic of MMS. "He didn't use it." Even though Salazar knew that the environmental risks of offshore drilling had been covered up under Bush, he failed to order new assessments. "They could have said, 'We cannot conclude there won't be significant impacts from drilling until we redo those reviews,'" says Brendan Cummings, senior counsel for the Center for Biological Diversity. "But the oil industry would have cried foul. And what we've seen with Salazar is that when the oil industry squeaks, he retreats."
Under Salazar, MMS continued to issue categorical exclusions to companies like BP, even when they lacked the necessary permits to protect endangered species. A preliminary review of the BP disaster conducted by scientists with the independent Deepwater Horizon Study Group concludes that MMS failed to enforce a host of environmental laws, including the Clean Water Act. "MMS and Interior are equally responsible for the failures here," says the former agency scientist. "They weren't willing to take the regulatory steps that could have prevented this incident."
Had MMS been following the law, it would never have granted BP a categorical exclusion – which are applicable only to activities that have "no significant effect on the human environment." At a recent hearing, Sen. Sheldon Whitehouse grilled Salazar about Interior's own handbook on categorical exclusions, which bars their issuance for offshore projects in "relatively untested deep water" or "utilizing new or unusual technology" – standards that Whitehouse called "plainly pertinent" for BP's rig. "It's hard for me to see that that's a determination that could have been made in good faith," Whitehouse said, noting that the monstrously complex task of drilling for oil a mile beneath the surface of the ocean appeared to have been given less oversight than is required of average Americans rewiring their homes. "Who was watching?"
Not the Interior secretary. Salazar did not even ensure that MMS had a written manual – required under Interior's own rules – for complying with environmental laws. According to an investigation in March by the Government Accountability Office, MMS managers relied instead on informal "institutional knowledge" – passed down from the Bush administration. The sole written guidance appeared on a website that only provided, according to the report, "one paragraph about assessing environmental impacts of oil and gas activities, not detailed instructions that could lead an analyst through the process of drafting an environmental assessment or environmental impact statement."
"People are being really circumspect, not pointing the finger at Salazar and Obama," says Rep. Raul Grijalva, who oversees the Interior Department as chair of the House subcommittee on public lands. "But the troublesome point is, the administration knew that it had this rot in the middle of the process on offshore drilling – yet it empowered an already discredited, disgraced agency to essentially be in charge."
On April 6th of last year, less than a month after BP submitted its application, MMS gave the oil giant the go-ahead to drill in the Gulf without a comprehensive environmental review. The one-page approval put no restrictions on BP, issuing only a mild suggestion that would prove prescient: "Exercise caution while drilling due to indications of shallow gas."
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