RESTORE Act

RESTORE Act
U.S. Government · Public domain · source
Name	RESTORE Act
Long title	Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act
Enacted by	111th United States Congress
Enacted date	2012
Effective date	2012
Introduced by	Jeff Landry
Status	enacted

RESTORE Act The RESTORE Act is a 2012 United States statute allocating civil penalties from the Deepwater Horizon oil spill to Gulf Coast restoration, economic revitalization, and tourism projects. Enacted by the 111th United States Congress, the law created a framework for distributing funds among federal agencies, state governments, and local entities to address environmental damage in the Gulf of Mexico, particularly impacting Alabama, Florida, Louisiana, Mississippi, and Texas. The statute interacts with settlements under the Clean Water Act and complements actions by the Natural Resources Damage Assessment process and the National Fish and Wildlife Foundation.

Background and Legislative History

The Act originated after the 2010 Deepwater Horizon oil spill, which triggered litigation involving BP plc, Transocean, and Halliburton. In response to public pressure and congressional hearings by committees such as the Senate Committee on Environment and Public Works and the House Committee on Natural Resources, legislators sought to direct penalties from penalties under the Clean Water Act to restoration rather than general treasury receipts. Negotiations involved stakeholders including state governors from Kay Ivey’s office in Alabama and Jeb Bush in Florida (as former governor influence), representatives from Louisiana Office of Coastal Protection and Restoration, and non-governmental organizations like the National Audubon Society and the Sierra Club. The resulting compromise passed both chambers of the United States Congress and was signed into law, aligning with parallel settlements such as the civil settlement between United States Department of Justice and BP.

Structure and Provisions

The statute established multiple funding recipients and programs, including a Gulf Coast Ecosystem Restoration Council, state share allocations, and grants for comprehensive restoration plans. It created an intergovernmental body modeled on prior cooperative frameworks like the Chesapeake Bay Program and referenced processes similar to the Coastal Zone Management Act for project selection. Provisions delineated eligible activities—habitat restoration, water quality improvement, fisheries restoration, and tourism infrastructure—while specifying oversight roles for agencies such as the National Oceanic and Atmospheric Administration, the Environmental Protection Agency, and the Department of the Interior.

Funding Mechanisms and Allocation

The Act directed a percentage of Clean Water Act civil penalties to a dedicated trust and allocated proportions among a Gulf Coast Restoration Trust Fund, the Gulf Coast Ecosystem Restoration Council, and direct state allocations. Funding flows were influenced by major settlements including the multi-billion-dollar agreement between BP plc and the United States Department of Justice. Allocation formulas considered coastal population, shoreline mileage, and economic impacts similar to metrics used in regional programs like the Economic Development Administration. Disbursements supported projects vetted through state comprehensive plans, competitive grants, and council-approved programs overseen by entities akin to the National Fish and Wildlife Foundation.

Implementation and Administration

Administration involved federal-state coordination, grantmaking procedures, and performance monitoring, leveraging capacities from agencies such as the National Oceanic and Atmospheric Administration, the U.S. Fish and Wildlife Service, and the Environmental Protection Agency. The Gulf Coast Ecosystem Restoration Council developed multi-year plans comparable to strategic documents from the United States Army Corps of Engineers and collaborated with state coastal management offices in Louisiana and Mississippi. Oversight included audits and reporting to congressional committees including the Senate Committee on Commerce, Science, and Transportation and the House Committee on Oversight and Government Reform, with stakeholder input from regional universities like Louisiana State University and University of Florida.

Environmental and Economic Impacts

Projects funded under the statute targeted habitat restoration for species protected under the Endangered Species Act, fisheries recovery impacting the Gulf of Mexico Fisheries Management Council region, and shoreline stabilization comparable to efforts after Hurricane Katrina. Economic initiatives sought to support tourism economies in coastal cities such as Mobile, Alabama, Pensacola, Florida, and New Orleans, Louisiana, and to rebuild commercial fisheries networks tied to ports like Biloxi, Mississippi. Scientific assessments by institutions including the Smithsonian Institution and research centers under the National Oceanic and Atmospheric Administration examined outcomes for wetland acreage, water quality indicators, and employment in sectors linked to restoration.

Legal Challenges and Policy Debates

Legal disputes addressed allocation authority, state versus federal control, and the interplay with broader settlements under the Clean Water Act and federal common law claims in venues such as the United States District Court for the Eastern District of Louisiana. Policy debates involved tradeoffs between infrastructure projects and natural resource restoration, echoing earlier controversies around the Coastal Wetlands Planning, Protection and Restoration Act and prompting litigation and commentary from groups like the Natural Resources Defense Council. Congressional oversight and judicial review shaped subsequent guidance by agencies including the Department of Justice and influenced amendments, regulatory interpretations, and implementation priorities across Gulf states.

Category:United States federal environmental legislation Category:2012 in American law