Listen to state Attorney General Tom Reilly describe his reasons for opposing Cape Wind and you won't wait long to hear about state ocean sanctuaries.
Nantucket Sound, Reilly said in a recent gubernatorial debate on Channel 56 , "has been designated as an ocean sanctuary by the state of Massachusetts, by the Commonwealth. "It's been designated that."
When challenged by Democrat Chris Gabrieli -- "that's why environmental groups support" Cape Wind? -- Reilly emphasized his earlier point - "I'm talking about this as being designated by the Legislature, OK, the Legislature."
A lawyer speaking on Reilly's behalf at the Minerals Management Service public hearing in Dedham on May 27 continued along these lines, describing the sanctuary designation as "a clear expression of state policy about these waters."
In other words, pretty sacrosanct stuff to Reilly, or at least it would appear. Yet Reilly steers well clear of any references to the rationale for the designation. A look back to its origins explains why.
The Legislature approved the designation in 1970, shortly after two environmental catastrophes -- one in California, the other in Buzzards Bay.
In January 1969, a blowout on an oil rig six miles off Santa Barbara spewed 3 million gallons of oil into the ocean, killing thousands of fish, birds, sea lions and other marine life and befouling beaches for miles. The volume of oil spilled was more than 30 times greater that the Bouchard barge accident in Buzzards Bay in April 2003 (the photo at right shows oil from the Santa Barbara spill near the Golden Gate Bridge).
While many people cite the publication of Rachel Carson's "Silent Spring" in 1962 as the birth of the environmental movement, others point to the disastrous oil spill off Santa Barbara as earning that distinction. The federal government's response was unequivocal -- Congress enacted the National Environmental Protection Act (NEPA), which was signed into law by President Richard Nixon. The law led to creation of the Environmental Protection Agency in the summer of 1970.
California reacted by banning offshore oil rigs (a ban that lasted 16 years until after former California governor Ronald Reagan was elected president), establishing a state coastal commission and the nation's first environmental studies program at the University of California at -- fittingly enough -- Santa Barbara.
That same year, in September 1969, a similar disaster struck in Buzzards Bay, albeit smaller in scale. A Bouchard barge ran aground off West Falmouth, disgorging 168,000 gallons of oil. Nearly 40 years later, it remains the worst-ever oil spill in Buzzards Bay (the photo at left shows clean-up efforts after the '03 Bouchard spill in Buzzards Bay).
As occurred in Washington and California after the Santa Barbara spill, the Legislature in the Bay State wasted little time in responding. It passed the Massachusetts Ocean Sanctuaries Act, which accorded state protection to all of Buzzards Bay, Nantucket Sound, Cape Cod Bay and Massachusetts Bay beyond the Commonwealth's three-mile offshore jurisdiction.
The law led to a years-long dispute with the federal government over whether all of Nantucket Sound would fall within state jurisdiction, with the dispute resolved by the mid-80s in favor of the federal control for areas of the Sound beyond the state's three-mile limit. In Buzzards Bay and Cape Cod Bay, however, the state designation remained over the entirety of both bodies of water.
In 1977, further impetus for state control over all of Nantucket Sound was created when the US Interior Department proposed opening large tracts off offshore waters in the Northeast to oil drilling, including the rich fishing grounds of Georges Bank.
Again, the timing for fortuitous. Less than a year before the proposal was made, New England suffered its worst oil spill ever when the tanker Argo Merchant broke up on Nantucket Shoals in December 1976, spilling 7.7 million gallons of home heating oil.
It was one of several accidents in coastal waters involving ships and barges hauling oil during an unusually bitter winter. Only a month after the Argo Merchant disaster, yet another barge was spilling oil in an ice-choked Buzzards Bay. In a desperate attempt to contain the spill, the Coast Guard tried igniting the slick from helicopters and burned off a small portion of the oil. I still recall seeing the plume of black smoke from my mother's house in Buzzards Bay more than 10 miles away.
It took several years of determined effort by organizations like the Conservation Law Foundation to protect Georges Bank and other sites from oil drilling. But in the interim, and in the wake of an endless series of accidents involving oil spills, another incentive had been created to accord state protection to the entirety of Nantucket Sound -- to prevent oil pipelines connected to rigs on Georges Bank from passing through the seabed of the Sound en route to the mainland.
By the early 1980s, however, Georges Bank was ruled off-limits to oil and gas drilling and exploration, a prohibition in effect to this day (and upheld by a vote in the US House in late May). The ban also undermined the state's request for national marine sanctuary status for Nantucket Sound, since oil pipelines would not be passing through the Sound in the absence of offshore drilling.
Looking back to the history of the sanctuary designation, it could hardly be more obvious that the legislation was enacted in response to a specific threat -- accidents involving offshore oil rigs and vessels transporting oil.
It is not without irony that Reilly frequently invokes the sanctuaries to justify stopping Cape Wind -- a project that would make us less dependent on oil.