The White House press office organized a show of overwhelming force, with Gibbs convening Browner, Napolitano, Deputy Interior Secretary David Hayes, EPA chief Lisa Jackson and Coast Guard Rear Adm. Sally Brice-O'Hara for a single press conference on April 29th. Though clearly meant to signal engagement, the all-star crew didn't have their message straight. When Brice-O'Hara praised "the professionalism of our partner, BP," Napolitano quickly barked, "They are not our partner! They are not our partner!" For her part, Napolitano revealed that she didn't know whether the Defense Department possessed any assets that could help contain the spill, and referred vaguely to "whatever methodologies" BP was using to seal the well.
Instead of seizing the reins, the Obama administration cast itself in a supporting role, insisting that BP was responsible for cleaning up the mess. "When you say the company is responsible and the government has oversight," a reporter asked Gibbs on May 3rd, "does that mean that the government is ultimately in charge of the cleanup?" Gibbs was blunt: "No," he insisted, "the responsible party is BP." In fact, the National Oil and Hazardous Substances Pollution Contingency Plan – the federal regulations that lay out the command-and-control responsibilities for cleaning up an oil spill – makes clear that an oil company like BP cannot be left in charge of such a serious disaster. The plan plainly states that the government must "direct all federal, state or private actions" to clean up a spill "where a discharge or threat of discharge poses a substantial threat to the public health or welfare of the United States."
"The government is in a situation where it's required to be in charge," says William Funk, a professor of environmental and administrative law at Lewis and Clark College who previously worked as a staff attorney in the Justice Department.
What's more, the administration failed to ensure that BP was prepared to respond to the mess on the surface, where a lack of ships and equipment has left more than 100 miles of the coast – including vast stretches of fragile marshlands – covered in crude. According to MMS regulations, the agency is supposed to "inspect the stockpiles of industry's equipment for the containment and cleanup of oil spills." In BP's case, the agency should have made sure the company was prepared to clean up a spill of 250,000 barrels a day. But when Rolling Stone asked MMS whether BP had the required containment equipment on hand, the agency's head of public affairs in the Gulf replied, "I am not clear if MMS has the info that you are requesting."
The effect of leaving BP in charge of capping the well, says a scientist involved in the government side of the effort, has been "like a drunk driver getting into a car wreck and then helping the police with the accident investigation." Indeed, the administration has seemed oddly untroubled about leaving the Gulf's fate in the hands of a repeat criminal offender, and uncurious about the crimes that may have been committed leading up to the initial sinking of the rig. The Obama Justice Department took more than 40 days after the initial blast killed 11 workers to announce it was opening a criminal probe.
From the start, the administration has seemed intent on allowing BP to operate in near-total secrecy. Much of what the public knows about the crisis it owes to Rep. Ed Markey, who chairs the House Subcommittee on Energy and the Environment. Under pressure from Markey, BP was forced to release footage of the gusher, admit that its early estimates put the leak as high as 14,000 barrels a day and post a live feed of its undersea operations on the Internet – video that administration officials had possessed from the earliest days of the disaster. "We cannot trust BP," Markey said. "It's clear they have been hiding the actual consequences of this spill."
But rather than applying such skepticism to BP's math, the Obama administration has instead attacked scientists who released independent estimates of the spill. When one scientist funded by NOAA released a figure much higher than the government's estimate, he found himself being pressured to retract it by officials at the agency. "Are you sure you want to keep saying this?" they badgered him. Lubchenco, the head of NOAA, even denounced as "misleading" and "premature" reports that scientists aboard the research vessel Pelican had discovered a massive subsea oil plume. Speaking to PBS, she offered a bizarre denial of the obvious. "It's clear that there is something at depth," she said, "but we don't even know that it's oil yet."
Scientists were stunned that NOAA, an agency widely respected for its scientific integrity, appeared to have been co-opted by the White House spin machine. "NOAA has actively pushed back on every fact that has ever come out," says one ocean scientist who works with the agency. "They're denying until the facts are so overwhelming, they finally come out and issue an admittance." Others are furious at the agency for criticizing the work of scientists studying the oil plumes rather than leading them. "Why they didn't have vessels there right then and start to gather the scientific data on oil and what the impacts are to different organisms is inexcusable," says a former government marine biologist. "They should have been right on top of that." Only six weeks into the disaster did the agency finally deploy its own research vessel to investigate the plumes.
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