The anatomy of united states oil pollution act of 1990. In response to the exxon valdez oil spill, the united states congress passed the oil pollution act of 1990 opa. To establish limitations on liability for damages resulting from oil pollution, to establish a fund for the payment of compensation for such damages, and for other purposes. The statute establishes liability and limitations on liability for damages resulting from oil pollution, and establishes a fund for the payment of compensation for such damages. Tulane maritime law journal liability, compensation, and. Why is it sometimes referred to as the oil pollution act of 1990 and sometimes 1989. The state also follows the federal release notification rules for oil spills covered under the oil pollution act of 1990 opa. Be it enacted by the senate and house of representatives of. Because the oil pollution act of 1990, which amended the clean water act, broadly defines the term oil, the sheen rule applies to both petroleum and nonpetroleum oils e. Coast guard is in charge of screening the application process for vessels, however, the department of interiors mineral management service mms implements and enforces all of the oil pollution act s regulations for offshore oil facilities.
See the national section oil spills for more information on the federal requirements. It soon became apparent that response resources, especially federal funds, were lacking, and. Legislative initiatives aimed at reducing oil spills have evolved slowly and have been punctuated by serious tank vessel. The regulation also provides several exemptions from the notification requirements. Dec 21, 2015 the 1989 grounding of the exxon valdez spurred congress to enact the oil pollution act of 1990 opa to remedy what it believed to be a patchwork compensation scheme where liability and damages. During the past 25 years, the united states, in common with other nations, has become increasingly concerned about oil spills associated with waterborne transportation of oil. Oil pollution act of 1990 opa louisiana oil spill prevention and response act of 1991 ospra as amended. The paradoxical effect of the oil pollution act of 1990. Pollution control act of october 18, 1972, as amended, and the oil pollution act of 1990, october 18, 1991, 56 fr 54757 october 22, 1991. Download pdf oil pollution from tanker operations free. The oil pollution act opa was signed into law in august 1990, largely in response to rising public concern following the exxon valdez incident. The coast guard is developing a supplemental notice of proposed rulemaking snprm to finalize a 1992 interim rule that set forth the oil pollution act of 1990 opa90 claims procedures and removed certain conflicting and superseded regulations from the code of federal regulations. Amendment sought to require the secretary of transportation to prohibit the movement of vessels carrying crude oil or any refined petroleum product in areas where oil and gas leasing, exploration, or development activities had been prohibited by legislative action unless the secretary. Oil pollution act of 1990 1 oil pollution act of 1990 in this paper i will be discussing the oil pollution act of 1990.
Oil pollution act of 1990 download ebook pdf, epub, tuebl, mobi. Specifically, the law was enacted to impose penalties, to prevent future oil spills and to aid in the clean up if an oil spill. This rule codifies our policy published on april 21, 1999, that states that conversion of a single hull tank vessel to add only double sides or only. One of the key goals of this legal treatise is to undertake a painstaking textual anatomy of the oil pollution act of 1990 to help academics, lawyers, judges, and students navigate its recondite provisions with relative ease. Be it enacted by the senate and house of representatives of the. An act to make provision for the improved control of pollution arising from certain industrial and other processes. Industry objected that the oil pollution act would hinder the free flow in the trade of imported oil in the waters of the united states. Explain the oil pollution act of 1990, including why it was. To establish limitations on liability for damages resulting from oil pollution, to establish a fund. Edelman in response to several major oil spills, including the exxon valdez incident in 1989, the oil pollution act of 1990 opa was signed into law. Damage assessments nrdas under the oil pollution act of 1990 opa. Epas oil spill prevention program includes the spill prevention, control, and countermeasure spcc and.
Noaa would appreciate any suggestions on how this document could be made more practical and useful. Environmental laws and oil spills free legal resources. Liability of responsible parties congressional research service 1 background 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. Learn vocabulary, terms, and more with flashcards, games, and other study tools.
Section 4115 of opa 90 requires tank vessels constructed under contracts awarded after june 30, 1990 to have double hulls. Be it enacted by the senate and house of representatives. An act to make provision for licences to be granted for the establishment and maintenance of pipelines incidental and supplementary to oilfields and oil mining and for purposes ancillary to such pipelines. Coast guard, is to assist the secretary of transportation in assessing the. Oil spills prevention and preparedness regulations us epa. Cwa and created new freestanding requirements regarding oil spill prevention and response. Period 4 on march 24, 1989, shortly after midnight, the oil tanker exxon valdez struck bligh reef in.
In 1990, the oil pollution act opa amended the clean water act to require some oil storage facilities to prepare facility response plans frp. I think that needs to be clarified for a wikipedia article. Not only does the opa impose restrictions on trading imported oil overseas. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal. Guidance document for natural resource damage assessment. The oil pollution act of 1990 was passed by the 101st united states congress and signed by the president g. The purpose of the present study, requested by the u. This publication is a compilation of the text of public law 1080. The fwpca of 1972 provided a comprehensive plan for the cleanup of waters polluted by oil spills and intentional or accidental release of oil into the water.
And then i will be explaining who enforces the law as well as any revisions in the law since its creation. The us oil pollution act of 1990, international journal of. Chapter 338 laws of the federation of nigeria 1990. Coast guard is the lead response agency for spills in coastal waters and deepwater ports. On july 1, 1994, epa finalized the revisions that direct facility owners or operators to prepare and submit plans for responding to a worstcase discharge of oil subpart d. 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. 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. The oil pollution act opa was passed in the wake of the exxon valdez oil spill in march of 1989. The oil pollution act of 1990 was signed into law by george h. Statutory recoverable amounts include third party damages. Morgan introduction n the environmental frenzy which followed 1989s 10.
The opa addressed issues associated with preventing, responding to, and paying for oil pollution. Environmental pollution united states department of. Oil pollution act opa of 1990 noaas damage assessment. Trustees are not required to use this document in order to receive a rebuttable presumption for nrdas under opa. The oil pollution act of 1990 dec 30, 2014 on the night of march 24, 1989, the exxon valdez, a supertanker over nine hundred feet in length and charged with carrying crude oil from the end of the transalaskan pipeline to the lower fortyeight states ran aground on blight reef in the prince william sound while carrying over a million barrels of. Epa is the lead federal response agency for oil spills occurring in inland waters. The oil pollution act of 1990 opa was legislation introduced by the united states congress that aimed to prevent oil spills, ensure clean up, restore environments damaged by spills and strengthened the environmental protection agencys powers to prevent and respond to spills. Jan 24, 2001 some documents on this page are in pdf format. The united states 1990 oil pollution act and the international management code for the safe operation of ships and for pollution prevention ism code adopted by the international maritime organization imo in 1998 also contributed to the further decrease in oil pollution over subsequent decades. The intent of this law was, in part, to minimize oil spills through improved tanker design, operational changes, and. Liability under the oil pollution act lsu law digital commons.
The united states oil pollution act 1990 opa, contains a provision, s1002b 2, that sets out six categories or kinds of damage that may be recovered from a responsible party liable for losses resulting from damage caused by the discharge of oil in united states us waters. Congress in response to the exxon valdez oil spill of 1989. Liability, compensation, and financial responsibility under the oil pollution act of 1990. 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. Oil pollution act overview us environmental protection. Bush to prevent and measure the civil liability from future oil spills off the coast of the united states. Oil pollution act opa and federal facilities us epa. Polluters are made accountable for the clean up costs. Explain the oil pollution act of 1990, including why it was enacted, its general provisions, and opa 90s effectiveness in terms of containing a major spill. The opa improved the nations ability to prevent and respond to oil spills by establishing provisions that expand the federal governments ability, and provide the money and resources necessary, to.
On march 24, 1989, the exxon valdez spilled over 11 million gallons of alaskan crude into the water of prince william sound. Click download or read online button to get oil pollution act of 1990 book now. Ship captains also have to be in better touch with traffic centers to avoid crashing. 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, requires specific operating procedures. I think the timeline would be a lot easier to read if it was a bullet list or table. Oil pollution liability and compensation establishes the oil spill compensation fund. Just one year after the exxon valdez catastrophe, the united state congress passed the oil pollution act of 1990 to deal with future oil spill accidents. 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. This act may be cited as the oil pollution act of 1990.
Conference report filed in house 0801 1990 oil pollution act of 1990 title i. The oil pollution act of 1990 opa 90 requires alyeska pipeline service co. The oil pollution act opa of 1924 was the first federal statute prohibiting pollution of waters strictly by crude oil and crude oilderived products. The opa extensively amended the federal water pollution control act. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Oil pollution act of 1990 united states coast guard. To amend the oil pollution act of 1990 to repeal the limitation of liability of a responsible party for a discharge or substantial threat of a discharge of oil from an offshore oil facility. Congress enacted opa 90 in response to several marine pollution incidents. Oil pollution act drafted in 1990 oil pollution act drafted in 1990 this act was largely in response to public outcry about the exxon valdez oil spill. Chapter one discusses the scope of the oil pollution act 1990. Of course, free market principles suggest that a shortage of modern. An examination of the inadequacy of the wording of the. Claims procedures under the oil pollution act of 1990.
Us oil pollution act 1990 silent features of legislation. Next i will be talking about the creation of the law and why it was created. The oil pollution act opa of 1990 streamlined and strengthened epas ability. The passage of the oil pollution act of 1990 opa 90 by congress and subsequent modifications of international maritime regula. This site is like a library, use search box in the widget to get ebook that you want. Economic loss doctrine analysis liability for oil pollution damages remedies pure economic loss doctrine. Oil pollution from tanker operations download oil pollution from tanker operations ebook pdf or read online books in pdf, epub, and mobi format. Pollution is in the form of war or oil spills from the warship. Explain the oil pollution act of 1990, including why it.
Oil pollution act overview us environmental protection agency. Click download or read online button to oil pollution from tanker operations book pdf for free now. The act enforces doublehull requirements for tank vessels in u. Oil pollution act of 1990 download ebook pdf, epub. One reason congress enacted the oil pollution act of 1990 opa 90 was to reduce the occurrence of oil spills through preventive measures. Background and governance congressional research service 1 introduction oil is a dominant source of energy in the united states, accounting for approximately 37% of total energy consumption in 2016. The coast guard clarifies the regulations for determining phaseout dates for single hull tank vessels under the oil pollution act of 1990 opa 90. In general, when someone has time, the article needs some copy editing. Stone introduction on august 18, 1990, president bush signed into law the oil pollution act of 1990 oilsplll act or act.
Oil pollution act of 1990 opa 1 oil pollution act of 1990opa by casey marshall. Damage results wholly or partially from an intentional or a negligent act. Overview of the discharge of oil regulation sheen rule. Fifth circuit clarifies claim presentment requirements under. Ppt oil pollution act of 1990 opa powerpoint presentation. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. Effects of doublehull requirements on oil spill prevention. Florida has established its own statespecific reporting and cleanup requirements for petroleum releases. The oil pollution act of 1990 opa the oil pollution act of 1990 amends the clean water act of 1972. There has been many oil spills ever since 1960 and the government has created many other acts to. In our first installment, we provide an overview of the oil pollution act opa of 1990, passed in response to the exxonvaldez oil spill in 1989.
A law that caps civil liability for oil spills caused by tankers and drilling vessels in the united states territorial waters. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel and facilitycaused oil pollution. In response to the exxon valdez incident, the oil pollution act of 1990 was enacted as allegedly comprehensive oil pollution legislation. Oil pollution act of 1990 opa united states coast guard. The exxon valdex spill motivated congress to pass the oil pollution act of 1990 with stricter rules for oil tankers. There has been many oil pollution acts before the one in 1990. May 08, 2010 in our first policy beat installment, we provide an overview of the oil pollution act opa of 1990, passed in response to the exxonvaldez oil spill in 1989. Congress recognized that section 4115 would have broad and potentially unexpected impacts. Federal register oil pollution act of 1990 phaseout.
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