State, feds won’t pursue $92M more in ’89 Exxon Valdez spill

  • By Becky Bohrer
  • Wednesday, October 14, 2015 10:22pm
  • News

JUNEAU — The state and federal governments have decided not to pursue $92 million in additional damages from ExxonMobil Corp., citing the recovery of ducks and sea otters in Alaska’s Prince William Sound following a devastating oil spill more than two decades ago.

In a court filing made on Wednesday, government attorneys said patches of lingering oil that remain can no longer be considered an impediment to the recovery of sea otters or harlequin ducks or a significant ongoing threat to their now-restored populations in the area affected by the 1989 Exxon Valdez oil spill.

The filing came ahead of a scheduled status hearing in federal court in Anchorage on Thursday.

Lawsuits brought against Exxon by the governments after the spill led to a $900 million settlement and a consent decree that resolved claims related to natural-resource damages. The decree included a so-called “reopener” clause that allowed for the governments to seek additional funds for restoration projects.

In 2006, near the end of the period in which the clause could be invoked, the governments demanded $92 million from Exxon based on the preliminary cost of implementing a plan to address lingering oil. But they never asked a judge to enforce the claim.

Ultimately, money from the original settlement was used for studies on lingering oil and measures to make it non-toxic, the state Department of Law said.

Wildlife monitoring showed the ducks and otters that appeared vulnerable to lingering oil in 2006 have recovered to pre-spill population levels, and officials concluded the legal requirements for pursuing a claim under the clause were no longer met, the department said in a news release.

The recovery of the otters and ducks, among other reasons, “has negated the claim that the patches of lingering oil in some Spill area beaches amount to a ‘substantial loss or substantial decline’ in a population, habitat, or species within the meaning of the Reopener,” the court filing stated.

More than $200 million in settlement funds remain that could be used to address lingering oil and other restoration work, the filing states.

John Cruden, an assistant attorney general with the U.S. Justice Department, said the reopener clause set a high bar for recovery of additional damages.

“Together with our partners in the Alaska Department of Law, we preserved a potential Reopener claim and investigated it to its logical end,” he said in a statement. “Our action today allows us to celebrate all that has been accomplished in Prince William Sound since the spill.”

More in News

Jason Criss stands for a photo in Soldotna, Alaska, after being named a qualifier for the Special Olympics USA Games on Thursday, July 10, 2025. (Jake Dye/Peninsula Clarion)
Soldotna athlete to compete in 2026 Special Olympics USA Games

Thousands of athletes from across all 50 states will be competing in 16 sports.

The entrance to the Homer Electric Association office is seen here in Kenai, Alaska on May 7, 2020. (Photo by Brian Mazurek/Peninsula Clarion)
HEA opens bids for real property

The deadline to submit bids is 5 p.m. on Aug. 11.

Arturo Mondragon-Lopez, Jr. (right) attends a change of plea hearing related to the October 2023 fatal shooting of Brianna Hetrick on Wednesday, Feb. 5, 2025, at the Homer Courthouse in Homer, Alaska. (Delcenia Cosman/Homer News)
Mondragon-Lopez sentenced for death of Homer woman

Arturo Mondragon-Lopez, Jr. accepted a plea deal in February for the shooting of Brianna Hetrick.

Soldotna City Hall is seen on Wednesday, June 23, 2021 in Soldotna, Alaska. (Ashlyn O’Hara/Peninsula Clarion)
Soldotna OKs $395,000 capital plan

This year’s list of capital projects is “nominal compared to some past years,” according to officials.

A map of areas proposed for annexation by the City of Soldotna. (Provided by City of Soldotna)
Soldotna adds annexation proposal to ballot

The proposed annexation is split across five small areas around the city.

Nets are extended from North Kenai Beach in Kenai, Alaska, during the first day of the Kenai River personal use dipnet fishery on Thursday, July 10, 2025. (Jake Dye/Peninsula Clarion)
‘A really good day’

Kenai River personal use sockeye salmon dipnet fishery opens.

The entrance to the Kenai Peninsula Borough building in Soldotna is seen here on June 1. (Photo by Brian Mazurek/Peninsula Clarion)
Borough assembly to consider ordinance to increase residential property tax exemption

If approved by voters in October, the ordinance would increase the tax exemption by $25,000.

Vice President Kelly Cooper speaks during a meeting of the Kenai Peninsula Borough Assembly in Soldotna, Alaska, on Tuesday, July 8, 2025. (Jake Dye/Peninsula Clarion)
Borough considers seasonal sales tax rate

Borough sales tax would be modified from a flat 3% to a seasonal model of 4% in summer months and 2% in winter months.

Most Read

You're browsing in private mode.
Please sign in or subscribe to continue reading articles in this mode.

Peninsula Clarion relies on subscription revenue to provide local content for our readers.

Subscribe

Already a subscriber? Please sign in