Governor’s Advisory Commission April 4, 2012

1. Deepwater Horizon Governor’s Advisory Commission April 4, 2012

2. Natural Resource Damage Assessment

3. Early Restoration • December 14, 2011 - Draft Phase I Early Restoration plan released for 60-day public comment ending February 14, 2012. • $57 Million for 8 Projects including: • Oyster cultch and hatchery projects • Marsh creation • Dune restoration • Boat ramps • Includes 2 Louisiana projects totaling more than $28 million.

4. Next Steps for DERP/EA Phase I • 60-day public comment period closed on February 14, 2012 • Comments received are currently under consideration and responses are being drafted • Finalize approved projects with BP based on public comments • If project is selected, project implementation begins • Future rounds of Early Restoration projects

5. “Louisiana Plan” Projects Coastal Restoration Projects

6. Assessment Update • Work plans continue to be developed and implemented to assess injuries to natural resources across the Gulf. • Finalized work plans are available to the public: http://losco-dwh.com • Assessment will continue while Early Restoration planning is under way. Photo Credit: NOAA

7. Dolphin Unusual Mortality Event2010 - 2012 • March 23, 2012 - NOAA announcement related to poor dolphin health in Barataria Bay. • Symptoms are consistent with those seen in other mammals exposed to oil, but the study is not yet complete. • Similar health problems are not showing up in dolphins from the un-oiled areas. Dolphin Y12 was evaluated in August 2011 as part of the NRDA. Y12’s health evaluation determined that he was significantly underweight, anemic, and had indications of liver and lung disease. Carcass of Y12 recovered on Grand Isle Beach, January 31, 2012.

8. Response

9. Outstanding Response Issues • Lack of long-term monitoring • Lack of opportunities for parish involvement • Orphaned Anchors • Submerged Oil • Premature exit from response

14. Multi-District Litigation (MDL)

15. MDL Overview • Original phase 1 trial date - Feb. 27, 2012 • Private and governmental claims • First phase of the trial seeks to: • Establish and allocate liability among the defendants • Determine whether any of the defendants were grossly negligent • LA filed suit in the MDL claiming: • Economic loss • Property damage • Increased cost of public services • Punitive damages • Damage to Natural Resources

16. PSC Settlement • March 3, 2012 – BP and PSC announce settlement on non-governmental claims arising from the Deepwater Horizon oil spill. • Settlement claims are uncapped, but are estimated to be $7.8 billion to resolve private plaintiffs’ claims for economic loss, property damages and injuries. • This settlement DOES NOT resolve the environmental claims against BP made by the federal government and five Gulf States under the Oil Pollution Act. • Liability for Natural Resource Damages and Clean Water Act penalties must still be resolved.

17. MOEX Offshore • $90 million partial settlement • $70 million in Clean Water Act violations and state civil penalties • $6.75M to Louisiana • $20 million in Supplemental Environmental Projects (SEPs) • $6.75M to Louisiana in land acquisition and habitat protection • No funds are to be received by the State