Exxon Valdez Oil Spill Litigation Records Appraisal and Processing Project

The Exxon Valdez oil spill was a decisive event in world history. It permanently changed the lives of those who live in Alaska; especially people in the spill region. Lawsuits between the State of Alaska, the United States government and Exxon and Alyeska Corporations and other defendants lasted five years. All state and federal cases were eventually combined as a federal case presided over by Judge J. Russell Holland and a state case presided over by Judge Brian Shortell.

The Alaska Department of Law Environmental Litigation Section, led by Barbara Herman and Craig Tillery, tried the case on behalf of the State of Alaska. Over the years the State accumulated a huge case file ~ testimony, filings, evidence and miscellaneous other material ~ as many as eight million pages! Storing and managing files was and continues to be a significant cost to the People and State of Alaska.

Final litigation settlement with the State of Alaska came in 1993. (This doesn’t include private plaintiff cases nor the State’s current Reopener Clause litigation, which covers unforeseen additional damages, which were tried and settled separately.) State records policies required the Alaska Department of Law to retain the file for fifteen years. That ended in 2009 and the Alaska State Archives subsequently began to evaluate the records.

But 8,000,000 pages is a lot of material, and portions were spread among several locations in Anchorage and Juneau. Making decisions about these materials was a full time job; only one of many for the State Archives. Fortunately the National Historical Publications and Records Commission (NHPRC, the National Archives grant agency) provided funds for a special project to address these materials and to hire a project archivist. The State Archives provided one of its permanent staff to act as project director.

The two year project began October 1, 2011 and will terminate September 30, 2013. It allows archivists to determine what permanent Exxon Valdez litigation files to keep in the State Archives and what files no longer need to be kept. Project staff will sort through, dispose and organize records in Juneau, then move to those located in Anchorage. Records without permanent value will be disposed. Permanent records will be organized and added to the State Archives catalog, then publicized around the world via an online bibliographic catalog.

To assure participation by Alaskans, who were most significantly impacted by the spill, project staff has assembled a seven member Oversight Task Force. The Task Force will meet four times, at about six month intervals, and will review and comment on project activities, and most importantly, will advise project staff on significant issues historians don’t usually deal with ~ issues like legalities and restrictions, science and technology, community and regional affairs, and how to best keep the public informed and involved.

Exxon Valdez Litigation Documents Project Slideshow SchoolTube video or (PDF)

Oversight Task Force Members

Patience Andersen Faulkner,
Member Eyak Tribal Council
Prince William Sound Regional Citizens Advisory Council & Cordova District Fishermen United

Long lasting environmental and emotional impacts mean that Prince William Sound Spill History never goes away. Patience worked at the Fishermen’s Claims Office in Cordova processing nearly all 53 EVOS claims categories for class attorneys and coordinated direct action attorneys. She interviewed many claimants and collected interview support documents. She continued to assist on a pro bono basis and she’s still in contact with many claimants. She also serves on the Prince William Sound Regional Citizens’ Advisory Council and several public interest organizations.

Kurt Fredriksson,
Former Commissioner Alaska Department of Environmental Conservation

Kurt has more than30 years resource and environmental regulation experience across multiple Alaskan venues. He established the Governor’s temporary Cordova Office during the State’s first Exxon Valdez Oil Spill response season and was an Oil Spill Trustee Council member. As Deputy Director and Director of the Spill Prevention and Response Division, 1990-1998 he collaborated with the Legislature, industry, regional citizen groups, federal agencies and other public stakeholders to develop the nation’s most advanced spill prevention, preparedness and response network. As Deputy Commissioner of Environmental Conservation, 1998-2004 and Commissioner, 2004-2006, he was Alaska’s primary spokesperson on environmental quality issues and approved state environmental quality standards.

Andrew Goldstein,
Curator of Collections & Exhibitions Valdez Museum & Historical Archives

Valdez, like all Southcentral Alaska communities, has a unique story to tell about how it was affected by the Spill. The Valdez Museum’s Archives has about 15,000 documents, photographs and other items that narrate this emotional story. Andrew is familiar with the complex issues and well acquainted with the museum’s archives collection and the need to identify and prioritize EVOS collections. For 3 years he researched and then installed the Museum’s May 2011 Exxon Valdez Oil Spill Exhibit. He has connections to professionals, scholars, stakeholders, and community members from all perspectives.

Barbara Hendricksen,
Lead State Paralegal Exxon Valdez Oil Spill Litigation

Barbara filled an essential roll on the State’s Litigation Team. She was involved in every aspect of collecting documents from state custodians, how they were screened for privilege and production to defendants and private plaintiffs. She helped develop systems to identify deposition document sets and she knows who to contact for answers about particular document sets. Her work remains one of the most professionally exciting and gratifying experiences of her paralegal career.

Carrie Holba,
Librarian Exxon Valdez Oil Spill Trustees Council Alaska Resources & Information Services

Carrie has been the Trustee Council's Exxon Valdez Oil Spill Collection manager and librarian since 1991. She’s worked at length with the documents and reports at the Trustee Council office, including the Council's Official Record, and the extensive oil spill collection housed at ARLIS. For 20 years, Carrie has provided reference assistance to Alaskans and people around the world who are researching the spill from diverse perspectives.

Jennifer Schorr,
Assistant Attorney General Alaska Department of Law Environmental Section

Jen Schorr is an Assistant Attorney General for the State of Alaska in the Environmental Section. She serves as the Alternate Trustee for the Alaska Department of Law on the Exxon Valdez Oil Spill Trustee Council, and also served as the Interim Deputy Executive Director for the Trustee Council from 2008-2010. Jen attended law school at the University of Washington, where she also attended the School of Marine Affairs and earned a Master of Marine Affairs. Prior to moving to Anchorage in 2008, Jen was an environmental lawyer at the Seattle law firm Perkins Coie.

Craig Tillery,
Lead State of Alaska Attorney Exxon Valdez Oil Spill Litigation

Craig led management of state public document issues for ten years and brings detailed knowledge to the task force; he knows oil spill legal issues, the legal significance of particular documents and the implications of preservation orders. He’s familiar with spill history and most players from a first person perspective. He directed Exxon Valdez Oil Spill litigation and restoration literally from day one. Realizing that mastering the massive volume of litigation and natural resource damage assessment documents was key to mastering the litigation process Craig led efforts to organize the litigation generated documents. Craig served on the State’s team who negotiated the 1991 state and federal civil claims settlement that laid the foundation for the Exxon Valdez Oil Spill Trustee Council’s marine research and restoration efforts. As the Attorney General’s Trustee through 2010, and in a crucial de-facto Council advisory role, he helped decide the uses for the $900,000,000 settlement funds.

Others closely associated with the spill and litigation will provide advice and information.

Project Staff

Larry Hibpshman, Project Director

Larry grew up in Alaska and is a long time Alaska State Archives employee He attended Alaska Methodist University, among other schools and has a Master’s Degree in American Studies. He’ll be responsible for the project’s general administrative management and Task Force activities. He’ll also be involved in hands-on review, appraisal, weeding, disposal, arrangement, description and public outreach.

Wendy Sparkman, Project Archivist

Wendy has lived in many places but grew up primarily in the Fairbanks and Chugiak-Eagle River areas. She received her Master of Library Science Degree from Florida State University. She has previously worked for the Florida State University Library and the Chugiak-Eagle River Library. Wendy works mostly on day-to-day arrangement and description, but also takes on additional activities as needed.

Project staff hopes others, particularly those in the Oil Spill Region will become involved, and we welcome emails and telephone calls. For information or to comment contact:

Larry Hibpshman, Project Director
141 Willoughby Avenue
PO Box 110525
Juneau, AK 99811-0525
Phone: 907.465.2241 Fax:907.465.2465
Email: larry.hibpshman@alaska.gov
http://archives.alaska.gov

Q: Why dispose of any of the material? Why not keep all of it?
A: There are several reasons:

1. It costs a great deal of money to store records. So far the State of Alaska has spent over a million dollars just storing about 10,000 cubic feet of Exxon Valdez Litigation files. By appraising the records and eliminating what isn’t really needed the project will save the State ~ and the tax payers ~ about $37,000 per year.
2. There is a lot of duplication. Litigants on both sides photocopied and microfilmed records and files repeatedly to assure immediate availability while the case was prosecuted. Many files are identical except that one is the original and the other a temporary backup copy. By eliminating duplicate files we can eliminate a lot of shelf space costs.
3. Not everything is needed to document the spill and its effects. Even when files aren’t actually duplicate copies there is a lot of overlap in content among several dozen file sets. Eliminating the least accessible and/or least descriptive allows us to provide better access to those who want to use the records.
4. It is standard records management practice to appraise records, determine the ultimate value of files and establish the best available retention policies, procedures and care. As the records are currently unorganized it is difficult to establish what these are, not to mention assist public access.

Q: How will you decide what to keep and what to toss?
A: We’ll do this in several ways. Since there is a lot of duplication our first goal is to identify it, and decide what can be disposed. Much of the duplicate material is located in Juneau so we’ll start there.
But even among ‘unique’ files there may be some that don’t really need to be in the archives. Project staff will analyze various file types, apply archival and records management theory and discuss exceptions and State Archives retention procedures.
We’ll also query our Task Force of experts about issues and conditions that influence relative value of particular files and documents.
Finally we’re anxious that Alaskans, especially those who live in areas directly affected by the spill, be involved. We welcome comments and suggestions from anyone familiar with the spill and its records.

Q: Why do the records need to be reorganized?
A: Actually reorganization is a misnomer. The records don’t need to be reorganized ~ we need to re-establish their original order.
The litigation process was long and the records are complex. Since the records were created they’ve been scattered geographically and have become disarranged. The primary organizational goals are to determine and restore the original arrangement and to describe it so that people can use the records.
We also must provide minimum necessary space. Most cubic foot boxes in storage are less than completely full, and some contain portions of several different file sets. If we draw related files together and eliminate unneeded ones we can store the records compactly.

Q: How will the records be reorganized?
A: Professional Archives are guided by two organizing principles:

1. Provenance: Records should be arranged to reflect their organization of origin
2. Original Order: Records should be retain their original organizational structure

Doing this assures content and context aren’t lost and prompt retrieval possible.

Q: Will all of the records be made available to the public, and if all records will not be available, why?
A: Most but not all will be available. Some are protected from disclosure by attorney client privilege and attorney work product sanctions, or were sealed by court protective order. The State Archives must respect these serious legal requirements.
But the good news is that we estimate perhaps only 2% of all files are restricted, and state litigation discovery staff removed and placed these files in sealed envelopes. Meanwhile, one of the Task Force’s jobs will be to suggest long term policies that eventually allow the State Archives to open restricted records to public review.

Q: Why haven’t the records been available to the public for the last 18 years?
A: They have been available to a somewhat limited extent.
State records law requires public access to public resources if they aren’t restricted by law or judicial protection. However, until records become noncurrent they are kept in semi-current storage under the control of the creating agency. Until then the Department of Law (in this case) must approve access requests. This creates a burden for Department of Law personnel whose primary responsibilities are directed elsewhere. Once the records become noncurrent the State Archives reference staff ~ people whose primary job is to provide access ~ will provide routine access.

Q: Can I help?
A: Yes. We would love to hear from you. Please communicate with us as described above. Also let others know about the project.

Q: Will some of the records be made available to view online?
A: Possibly. As we review what’s available we may choose selected items to show electronically. A project to scan and exhibit all records electronically would be too expensive and difficult to carry out given currently available technology.

Q: Whatever happened to the tanker vessel Exxon Valdez?
A: Soon after the disaster Exxon towed it to San Diego and repaired its damage. The company renamed the vessel Exxon Mediterranean and put it to work in Europe. Exxon later transferred the tanker to a subsidiary, River Maritime Inc. renamed it SeaRiver Mediterranean, later shortened to S/R Mediterranean. The vessel's single-hull design prevented return to North American and European waters, so it was redeployed to Asia and the Middle East. In 2008 ExxonMobil sold the ship. The new owner refitted it as Dong Fang Ocean, an ore carrier. In November 2010 it collided with another cargo ship, was towed to China and again renamed Oriental Nicety. In March 2012 the ship was sold as scrap for $16 million to an Indian firm.
Based on a March 20, 2012 Pennlive.com report. (Mechanicsburg PA Patriot-News; McClatchy/Tribune-MCT Information Services).

Websites:

• Alaska & Polar Regions Collections, UAF
• Alaska Department of Fish & Game Education & Outreach
• Alaska History and Cultural Studies
• Alaska Municipal League
• Alaska Resources Library & Information Services
• Alaska State Library Historical Collections
• Anchorage Museum Library & Archives
• Archives & Special Collections UAA
• Briscoe Center ExxonMobil Collection, U. of TX
• Cordova District Fishermen United's (CDFU)
• Cordova Historical Museum
• Department of Law Environmental Section
• Division of Libraries, Archives & Museums
• Division of Spill Prevention & Response
• Ecotrust
• International Tanker Owners Pollution Federation, Ltd.
• Marine Conservation Alliance
• Prince William Sound Citizens Advisory Council
• Richard Fineberg Associates (petroleum research consultants)
• UAF School of Fisheries and Ocean Sciences
• UNH Coastal Response Research Center
• Valdez Museum and Historical Archives

Email Addresses:

• Larry Hibpshman, Exxon Valdez Project Director
  larry.hibpshman@alaska.gov
• Wendy Sparkman, Project Archivist
  wendy.sparkman@alaska.gov
• Dean Dawson, State Archivist
  dean.dawson@alaska.gov
• Linda Thibodeau, State Librarian
  linda.thibodeau@alaska.gov