Edgar
2010-06-08 20:53:20

There is no excuse for the feds to not be out cleaning the beaches in full force. 33 USC 1321(c)specifically tasks the President with that responsibility:

(c) Federal removal authority
(1) General removal requirement
(A) The President shall, in accordance with the National
Contingency Plan and any appropriate Area Contingency Plan,
ensure effective and immediate removal of a discharge, and
mitigation or prevention of a substantial threat of a discharge,
of oil or a hazardous substance -
(i) into or on the navigable waters;
(ii) on the adjoining shorelines to the navigable waters;
(iii) into or on the waters of the exclusive economic zone;
or
(iv) that may affect natural resources belonging to,
appertaining to, or under the exclusive management authority of
the United States.

(B) In carrying out this paragraph, the President may -
(i) remove or arrange for the removal of a discharge, and
mitigate or prevent a substantial threat of a discharge, at any
time;
(ii) direct or monitor all Federal, State, and private
actions to remove a discharge; and
(iii) remove and, if necessary, destroy a vessel discharging,
or threatening to discharge, by whatever means are available.
(2) Discharge posing substantial threat to public health or
welfare
(A) If a discharge, or a substantial threat of a discharge, of
oil or a hazardous substance from a vessel, offshore facility, or
onshore facility is of such a size or character as to be a
substantial threat to the public health or welfare of the United
States (including but not limited to fish, shellfish, wildlife,
other natural resources, and the public and private beaches and
shorelines of the United States), the President shall direct all
Federal, State, and private actions to remove the discharge or to
mitigate or prevent the threat of the discharge.
(B) In carrying out this paragraph, the President may, without
regard to any other provision of law governing contracting
procedures or employment of personnel by the Federal Government -

(i) remove or arrange for the removal of the discharge, or
mitigate or prevent the substantial threat of the discharge;
and
(ii) remove and, if necessary, destroy a vessel discharging,
or threatening to discharge, by whatever means are available.
(3) Actions in accordance with National Contingency Plan
(A) Each Federal agency, State, owner or operator, or other
person participating in efforts under this subsection shall act
in accordance with the National Contingency Plan or as directed
by the President.

If Obama is not going to get off his butt, he should resign.