Notice of proposed settlement agreement under the oil. Oil pollution act liability limits in 2019 final version. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regulations resulted in a farreaching change in the design of tank vessels. Consequently, the effects of oil pollution are sufficiently well understood to allow for broad indications of the scale and duration of damage for a given incident. The goal of the oil pollution act of 1990 opa, 33 u. Oil pollution act of 1990 january 2007 creation of the oil pollution act of 1990 was fueled by the exxon valdez oil spill of march 24, 1989, in which 11 million gallons of alaskan crude oil leaked into prince william sound waters when the tanker grounded. Eschewing existing domestic and international oil spill. The opa requires oil storage facilities and vessels to submit to the federal government plans detailing how they will respond to large discharges.
The act of congress sustained the united states commitment to control the discharge of fossil fuel pollutants from nautical vessels and to acknowledge. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage. International convention on civil liability for oil pollution damage, 1992, to have the force of law. The act of congress sustained the united states commitment to control the discharge of fossil fuel pollutants from nautical vessels and to acknowledge the embargo of coastal zones in transboundary waters. This act may be cited as the merchant shipping oil pollution act.
Davis the deepwater horizon oil spill in 2010 was a rude reminder of the potentially disastrous consequences of a large oil spill. The framework for the regime was originally the 1969 international convention. Doublehull rather than singlehull tankers are now the industry standard, and nearly all ships in the world maritime oil transportation fleet are. We considered issues identified in written comments received by the department of homeland security in response. Consumer price index adjustments of oil pollution act of 1990. The opa addressed issues associated with preventing, responding to, and paying for oil pollution. Since nigeria discovered the black gold in oloibiri, bayelsa state in 1956 the environment has been wrought with oil spills. Federal register notice of lodging of proposed consent. Kiern this article is a companion to the authors article1 published in this journal in the spring of 2000 analyzing the liability, compensation, and financial responsibility aspects of the first decade. Opa and its regulations establish procedures for recovering removal costs and damages against the oil spill liability trust fund.
Nrda under the oil pollution act congressional research service summary the 2010 deepwater horizon oil spill leaked an estimated 4. Be it enacted by the senate and house of representatives of the united states of america in congress assembled, section 1. Oil pollution act overview us environmental protection agency. The oil pollution act of 1990 opa establishes a framework that addresses the liability of responsible parties in connection with the discharge of oil into the navigable waters of the united states, adjoining shorelines, or the exclusive economic zone. The pollution was so widespread and of such an alarming scale that congress passed the oil pollution act of 1924, which outlawed oil discharges from vessels into navigable waters of the u.
Oil pollution act 1990 bureau of safety and environmental. Oil spill preparedness, prevention, and response on the. Morgan introduction n the environmental frenzy which followed 1989s 10. Feb 25, 2020 the oil pollution act of 1990 opa was enacted in the wake of the tv exxon valdez oil spill to promote measures for the prevention of oil spills on navigable waters, the adjoining shorelines, and the exclusive economic zone. Responsibility for oil spills under the oil pollution act of 1990 and related statutes house committee on transportation and infrastructure testimony of robert p. Monies spent from these trust funds may be recouped from the responsible parties under the liability provisions of the oil pollution act and cercla, respectively. Assent 29th november, 1976 commencement 1st september, 1989 part i preliminary 1. It soon became apparent that response resources, especially federal funds, were lacking, and. Polluters are made accountable for the clean up costs. Contribution under the oil pollution act clark hill. Executive order 12777 implementation of section 311 of the. The prevention of oil pollution act 1971 volume 21 issue 4 skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a. Criminal liability for oil pollution from ships is imposed by the. Congress to pass the 1990 oil pollution act opa, which strengthened the federal governments ability to respond to and prevent oil spills.
Opa n was passed in the wake of the exxon valdez oil spill in march of 1989. The oil pollution act, 1990 opa 90 was passed by the us congress in the aftermath of 11 million gallon spill of crude oil in prince william sound, alaska. Hearing on the liability and financial responsibility for. International oil pollution compensation funds liability and compensation for oil pollution damage texts of the 1992 civil liability convention. Compensation for oil pollution damage caused by spills from oil tankers is governed by an international regime developed under the auspices of the international maritime organization imo. International convention on civil liability for oil pollution damage ratifica tion and enforcement act an act to enable effect to be given in the federal republic of nigeria to the international convention on civil liability for oil pollution damage 1969 as amended.
Oil pollution act 1986 section 3 c at 12 of 1986 page 7 3 if it is proved that, at a time to which the charge relates, the surface of the waters into which the mixture was discharged from the place on land, or. Combining policy and congressional intent andrew b. The opa will be discussed in greater detail later in my testimony. Nigeria in this act referred to as the plan as follows. Be it enacted by the senate and house of representatives of the. Tulane maritime law journal liability, compensation. The oil pollution act of 1973 or oil pollution act amendments of 1973, 33 u. Liability under the oil pollution act lsu law digital commons. The oil pollution act of 1990 opa90 fundamentally changed how the u.
The prevention of oil pollution act 1971 international. Pure economic loss claims under the oil pollution act. This act may be cited as the oil pollution of territorial waters act. Title ivprevention and removal subtitle aprevention. Chapter 20 10011011, was a united states federal law which amended the united states statute 75 stat. This act may be cited as the shipping oil pollution act. Exxon valdez incident in 1989, the oil pollution act of. Contribution under the oil pollution act by richard e. Oil pollution faolex database food and agriculture.
Regulations are current to 20210310 and last amended on 20070503. A trust fund financed by a tax on oil is available to clean up spills when the responsible party is incapable or unwilling to do so. To amend the oil pollution act of 1990, and for other purposes. International convention on oil pollution preparedness, response and cooperation, 1990 oprc convention including final act of the conference foreword by resolution a. Liability and compensation for oil pollution damage. Natural resource damage assessment under the oil pollution act congressional research service summary the 2010 deepwater horizon oil spill leaked an estimated 4. In 1992, shortly after the oil pollution act came into effect, noaa created the damage assessment, remediation, and restoration program darrp. The oil pollution act opa allows state, federal, tribal, and federal governments to recover damages to natural resources in the public trust from the parties responsible for the oil spill. This act may be cited as the oil pollution act amendments of 1996. Fortunately, on august 18, 1990, a little more than a year after the exxon valdez disaster, the oil pollution act was passed and signed into law this historic and timely legislation gave noaa and other agencies the authority to address impacts to natural resources caused by oil. Merchant shipping oil pollution act bahamas laws online. A scientific appraisal of typical oil spill effects reveals that, while damage occurs and can be profound at the level of individual organisms, populations are more resilient. Makes the responsible party for a vessel or facility from which oil is discharged or which poses a substantial threat of discharge liable for removal costs and for economic or natural resource damages, including.
International convention on the establishment of an. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. The measurements used in this act are english measurements. Hearing on the liability and financial responsibility for oil. The program was established as the central location for expertise in noaa to assess, restore, and protect coastal environments damaged by oil spills, hazardous waste releases, and ship groundings. Tulane maritime law journal liability, compensation, and. The us federal oil pollution act opa 1990, from exxon valdez to macondothe disaster affecting the alaska coasts in 1989, caused by the exxon valdez oil tanker, greatly influenced the creation of the us oil pollution statute, which will be analysed in this chapter. Stultz jul 27, 2017 the fifth circuit court of appeals held that a responsible party under the federal oil pollution act opa could seek contribution for cleanup costseven though they may include purely economic damagesfrom a partially liable third party. The oil pollution act of 1990 opa was enacted in the wake of the tv exxon valdez oil spill to promote the prevention of oil spills into or upon navigable waters, the adjoining shorelines, and the exclusive economic zone, to promote the restoration of damaged natural resources, and for other purposes. The legislation addressed critical, if unglamorous, details of oil spills such as liability and damages and regulatory changes.
An act to implement the terms of the international convention for the preventionof pollution of the sea by oil 1954 to 1962 and to make provisions for such prevention in the navigable waters of. The oil pollution act of 1990 opa was enacted in the wake of the tv exxon valdez oil spill to promote measures for the prevention of oil spills on navigable waters, the adjoining shorelines, and the exclusive economic zone. House of representatives july 28, 2005 thank you, mr. May 19, 2010 responsibility under the oil pollution act of 1990. The oil pollution act opa is the principal statute governing oil spills into the ations waterways. Chairman and members of the committee, for the opportunity to testify. The settlement resolves the civil claims of the trustees against cp arising under their natural resource trustee authority under the oil pollution act of 1990, 33 u. Dec 29, 2000 oil pollution act of 1990 as amended through p. Oil pollution act 1986 section 3 c at 12 of 1986 page 7 3 if it is proved that, at a time to which the charge relates, the surface of the waters into which the mixture was discharged from the place on land, or land adjacent to those waters, was fouled by oil, subsection 2 shall not apply unless the court is satisfied that the fouling was.
The oil pollution act opa of 1990 streamlined and strengthened epas ability to prevent and. The 1972 amendments to the cwa, in addition to other revisions, added section 311 33 u. The oil pollution act of 1990 opa was enacted in the wake of the tv exxon valdez oil spill to promote the prevention of oil spills into or upon navigable waters, the adjoining shorelines, and the exclusive economic zone, to promote the restoration of damaged natural resources, and. Many residents and businesses throughout the gulf coast suffered financial losses without accompanying physical injury to their property. The clean water act, as amended by the oil pollution act opa in 1990. Oil pollution act of 1990 us fish and wildlife service.
Oil pollution is without a doubt a serious issue in nigeria today. Jan 12, 2018 phmsa is responsible for implementing the oil pollution act of 1990 as it applies to onshore oil pipelines to decrease the likelihood of pipeline spills, diminish the environmental consequences of spills, and ensure that the responses to spills are swift and well planned. Oil pollution of territorial waters act an act to make provision against the discharge or escape of oil into the waters of trinidad and tobago. Conference report filed in house 08011990 oil pollution act of 1990 title i. As before, the revisions are the result of an open dialogue and the incorporation of lessons learned over the past two decades. An act to implement the terms of the international convention. But in implementation and in practice, these resulted in definitions of responsible parties in the event oil is spilled. The statute establishes liability and limitations on liability for damages resulting from oil pollution by the parties responsible, and. In response to several major oil spills, including the. The 1989 exxon valdez oil spill, which released 11 million gallons of oil into the pacific ocean, provided the impetus for u. The opa extensively amended the federal water pollution control act. Stultz jul 27, 2017 the fifth circuit court of appeals held that a responsible party under the federal oil pollution act opa could seek contribution for cleanup costseven though they may include purely economic damagesfrom a partially liable. The oil pollution act of 1990 was passed by the 101st united states congress and signed by president george h.
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