Happy 20th Anniversary, Exxon Valdez

ROCK ISLAND, IL
If “anniversary” is the right word, which of course it isn’t.
It might be the right word had we spent the last twenty years getting smarter and becoming better people, which is what you’d expect of progressive people—because, you know, “progress” and all that, etc.
But of course we’re still destroying ourselves and impoverishing our posterity in a mad attempt to wring just a little more ancient sunlight from the earth. We’re still doing a poor job of taking responsibility for our actions. We’re no more noble than Exxon spokesman David Parish, who, according to a New York Times article published twenty years ago today, “did not expect major environmental damage as a result of the spill.” Yesterday Fox News assured us—and this is a relief—that Exxon has pronounced Prince William Sound “healthy and thriving.” The Sound is sound. And Exxon, a local company based just down the road in Irving, Texas, should know.

No retrospective would be complete if we didn’t congratulate ourselves in it for our “advanced technology,” because, you know, technology is always improving, etc. Exxon itself, notwithstanding a Wall Street Journal report claiming that it still uses more single-hulled oil tankers “than the rest of the ten biggest oil companies combined,” has nevertheless, according to current Exxon spokesman Alan Jeffers, made significant reforms. These include—you guessed it—improved technologies (but wait—there’s more!) and better management strategies. Fox News again assures us—another relief—that Exxon “has instituted drug and alcohol testing for safety sensitive positions, jobs that cannot be held by those with substance abuse histories”—like Joseph Hazelwood, the pilot who skillfully steered the Valdez safely into a reef so it could be delivered more effectively of its black gold.
“We learned from this tragedy and went about developing a system to prevent this from ever happening again,” Jeffers said—because, you know, we’re achieving complete mastery over nature, etc. and so forth and so on.

In fact, twenty years later we have even more evidence that mastery leads to degradation and that progress, as e.e. cummings said, is just a “comfortable disease.” And yet we still exert more “mastery”and settle even more comfortably into our debilitating sickness. The only real comfort in all this is that we’ve got other people to blame.
But it’s time to see that we’ve all got oil on our hands. “It was not just the greed of corporate shareholders and the hubris of corporate executives that put the fate of Prince William Sound into one ship,” wrote one of FPR’s tutelary spirits back in 1989. “It was also our demand that energy be cheap and plentiful.”
Wendell Berry went on to say:
The religion and the environmentalism of the highly industrialized countries are at bottom a sham, because they make it their business to fight against something that they do not really wish to destroy. We all live by robbing nature, but our standard of living demands that the robbery continue. . . .
Were the catastrophes of Love Canal, Bhopal, Chernobyl, and the Exxon Valdez episodes of war or of peace? They were, in fact, peacetime acts of aggression, intentional to the extent that the risks were known and ignored.
We are involved unremittingly in a war not against “foreign enemies,” but against the world, against our freedom, and indeed against our existence. Our so-called industrial accidents should be looked upon as revenges of Nature. We forget that Nature is necessarily party to all our enterprises and that she imposes conditions of her own.
Now she is plainly saying to us: “If you put the fates of whole communities or cities or regions or ecosystems at risk in single ships or factories or power plants, then I will furnish the drunk or the fool or the imbecile who will make the necessary small mistake.”
(from “Word and Flesh” in What Are People For?)
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Hey! What’s wrong with you? The Exxon Valdez (like cell phones and nuclear weapons) is just a tool, which means that it can serve or it can cut, that it does not dictate any of the terms of its own usage, and that we can antecedently control for all of its unintended consequences. History shows that if humans have knowledge enough to invent something, we have the concomitant virtue to use it appropriately.
Gaia will ALWAYS have her way with us, we are just the pesky fleas that need to be tossed off.
We are all wearing oil from the Valdez.
Twenty Years later, you can still turn over a rock along the shorefront that took the Valdez hit and find the sludge that was “successfully cleaned up”. Still, whales breach, some glaciers advance and life goes on. From this point on the coast, you can look out into the Pacific toward the North Pacific Gyre and know that something exceeding 3.5 million tons of plastic garbage floats in a mass about twice the size of Texas. Rising seas will not submerge it and the sunlight that is supposed to break it down has a hard time keeping up with new arrivals.
As to waiting for nature or Gaia to smite us, they’ll have to get in line behind ourselves, the highly evolved form of Homo sapiens sapiens; Homo sapiens mortem sibi consciscere. Or, as Virgil asserted “Quisque suos non patimer manes” or each of us bears his own hell.
That Eleysian Fields we look for is all around us. When the Berlin Wall between Nature and ourselves finally does come down….or, if an when it comes down, humans might actually enjoy the role we perverted a long time ago and find an aesthetic of life and labor that makes time both precious and meaningless. Transcendence has it’s pedestrian charms and the smell of soil waking in the spring sunshine reminds a dirty pilgrim that second chances are real.
One mechanism that actually deters the sort of recklessness that led to this disaster – in terms the CEOs and boards of directors well understand – is the prospect of huge punitive damages in lawsuits. But our Supreme Court will have none of that, deciding last year that only a 1:1 ratio of punitive to compensatory damages is permissible in a case like that. (Check out the Court’s reasoning here: http://www.supremecourtus.gov/opinions/07pdf/07-219.pdf.) Punitive awards without some “rational” basis are too unpredictable, says the Court. But it is precisely the specter of an unpredictably gigantic – and enforecable on appeal – jury award of punitives that forces companies to offer hefty settlements amounts, and that could constrain their actions ahead of time. Here, that means a measly $500 million, pocket change for Exxon. A federal jury, which had listened to all the evidence and considered the arguments of both sides, decided that $5 billion was more like it.
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