DESPITE SLAPP SUIT, GREENPEACE SERVES ARCO WITH CITIZEN'S ARREST
Beaufort Sea

18 August 1997

Greenpeace today served oil giant ARCO with a citizen's arrest for failure to comply with U.S. federal law. Citing violations of the National Environmental Policy Act, Marine Mammal Protection Act, Coastal Zone Management Act, Outer Continental Shelf Lands Act, Clean Air Act and Clean Water Act, Greenpeace demanded the Coast Guard uphold the law and stop ARCO's unpermitted and illegal activities.

The environmental organization insisted ARCO halt the towing of its giant drill platform to the waters of Camden Bay, just offshore from the Arctic National Wildlife Refuge. Greenpeace took this action after its protest of the drill rig on August 13 resulted in ARCO and the State of Alaska joining forces to secure a Temporary Restraining Order (TRO) that limits the groups rights to free speech and non-violent protest.

"A SLAPP (Strategic Lawsuit Against Public Participation) doesn't mean the showdown is over," said Steve Sawyer, Arctic Expedition Leader onboard the Arctic Sunrise in the Beaufort Sea. "ARCO's illegal actions continue to threaten the fragile arctic ecosystem and the global climate. If agencies such as National Marine Fisheries Service and Minerals Management Service will not uphold the law and stop ARCO's illegal actions, then we are obliged to try to do it ourselves."

In its sixth day of protest against ARCO's drill rig, the Greenpeace ship Arctic Sunrise handed the citizen's arrest to the Coast Guard for delivery to the drill rig and Coast Guard Command. The Coast Guard is empowered to uphold federal law and can immediately halt ARCO's illegal activities. ARCO's activities are in violation of no less than six federal laws since it lacks the permits required to move its drill rig from the waters outside Prudhoe Bay 75 miles east to Camden Bay. The various federal agencies charged with enforcing the law are not doing so.

"Agencies of the federal government, charged with upholding the law, are instead aiding and abetting the destruction of ocean life and the earth's climate," said Pam Miller, Greenpeace Alaska biologist. "Apparently requirements to obtain federal permits can be waived if they stand in the way of oil industry interests or timelines. In Alaska today, the laws of the land are being enforced with a great deal of selective bias."

The Arctic Sunrise has been in Alaskan waters for over a month documenting the impacts of climate change and protesting industry's search for new oil reserves as a first step towards protecting the earth's climate.

THE LETTER:

To: Captain Ed Thompson United States Coast Guard Fax: 1-907-271-6751

From: Captain Arne Sorensen MV Arctic Sunrise

Dear Captain Thompson:

This is to inform you that as Captain of the Greenpeace vessel Arctic Sunrise I have read the following notice over VHF radio to the Glomar Beaufort Sea I and delivered it to Coast Guard personnel on site.

Thank you for your assistance in this matter.

Arne Sorensen Master, M/V Arctic Sunrise

cc: Lt. Cmdr. Rodriguez, aboard the Glomar Beaufort Sea I cc: North Slope Borough

Message:

Glomar Beaufort Sea I -- By conducting your deballasting and beginning your towing operation, you are acting contrary to the requirements of the Marine Mammal Protection Act; as per Arco's own application for incidental take of marine mammals as publicized in the federal register on July 15, 1997.

National Marine Fisheries Service has requested comments on Arco's proposal "to immediately take, by harassment, small numbers of ringed, bearded and spotted seals and possibly bowhead and beluga whales.

The same notice makes it clear that deballasting and towing are part of the process for which a permit is required. It also makes it clear that it would be unlawful to carry out the said activities without a permit.

The deballasting and towing operations entail noise, activity and discharge that could cause harm and harassment of marine mammals.

In addition, we assert that the Department of Commerce's National Marine Fisheries Service; and Department of the Interior's Minerals Management Service and U.S. Fish and Wildlife Service have failed to fulfill their obligations under the Marine Mammal Protection Act, National Environmental Policy Act, Outer Continental Shelf Lands Act, and Endangered Species Act. Each of the above-named agencies have failed to complete a full and comprehensive environmental impact analysis and statement (EIS) as required for a project with such extensive, acute, chronic, and long-term impacts on species and their habitats, and subsistence communities.

Marine Mammal Protection Act:

National Marine Fisheries Service (trust responsibility for bowhead whales, beluga whales, ringed, spotted, and bearded seals) and U.S. Fish and Wildlife Service (trust responsibility for polar bear and walrus) are required to demonstrate that the taking of marine mammals will have a "negligible impact on the species or stock, will not have an unmitigable adverse impact on the availability of the species or stock for subsistence uses..." NMFS has not reviewed public comments on the proposed incidental harassment authorization (public comment deadline August 14, 1997), nor has it issued ARCO a permit for the deballasting, transiting and exploratory activities requested in the permit application. NMFS has not issued the requisite permit, therefore ARCO is operating illegally.

National Environmental Policy Act

ARCO proposes to introduce major sources of noise and pollution to a pristine and ecologically significant area just off the Arctic National Wildlife Refuge. The operations associated with the exploratory drilling will irreparably damage species and habitats that the Refuge is designed to protect. Camden Bay is an important feeding area for endangered bowhead whales, and critical habitat for such species as polar bear, seals, fish and migratory waterfowl. The highest density of polar bear dens in the Alaskan Arctic occurs along the coastline of Camden Bay. The Minerals Management Service, National Marine Fisheries Service, U.S. Fish and Wildlife Service, and Environmental Protection Agency fail in their obligations to prepare complete environmental impact statements for the ARCO Warthog project, a project posing potential to long-term and significant damage to the coastal and marine ecosystems.

Clean Water Act

ARCO has applied for, but has not received authorization for a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act under the Arctic General Permit for Oil and Gas Exploration (No. AKG 284200). ARCO's proposed discharges to the marine environment are substantial and pose a long-term environmental threat. These discharges include: 259,600 gallons of drilling muds and cuttings; 308,000 gallons of deck drainage, 330,000 gallons of sanitary and domestic liquid waste, 1100 gallons of used oil, and other significant quantities of wastes. he Environmental Protection Agency must require a full EIS for a project of this magnitude.

Clean Air Act

It is likely that the proposed project will considerably diminish the air quality of the region. The Environmental Protection Agency has not issued a permit for these air emissions.

Coastal Zone Management Act

The State of Alaska Division of Governmental Coordination has not completed a consistency determination as required under the federal Coastal Zone Management Act.

We hereby alert you to the fact that we hold you under citizen's arrest on the grounds that you are committing a crime which we have witnessed.

We invoke the authority to do so under the Alaskan Code 11.81.900 (a) (9). We have contacted the United States Coast Guard to assist us in this arrest, since we are effectively prevented from doing so personally for safety reasons.

FOR FURTHER INFORMATION PLEASE CONTACT:

The U.S. Fish and Wildlife Service is responsible for the protection of polar bears and walrus under the MMPA.

The Environmental Protection Agency oversees implementation of the Clean Water Act and Clean Air Act.

The Department of the Interior is responsible for implementation of the Coastal Zone Management Act and the Outer Continental Shelf Lands Act.

The Council on Environmental Quality (CEQ) is responsible for ensuring that federal agencies fulfill their responsibilities under the National Environmental Policy Act.