US Pollution Risks: Federal and State Summaries
The Oil Pollution Act of 1990 established rigorous regulatory and liability controls to protect and clean up the marine environment from oil spills, including extensive provision to prevent the circumstances under which oil spills occur. OPA 9O increased federal authority to respond to oil spills and compensate for damage when spills occur in the United States. OPA 90 also requires owners and operators of evidence sufficient financial responsibility to cover potential liabilities under OPA 90.
The US Pollution Risks publication compiles summaries of all the Federal and state requirements on liability, COFR requirements and vessel contingency plan requirements. Legal Briefings provide an overview of certain laws and regulations. While every effort has been made to ensure their accuracy, it is only a guide and not a substitute for formal legal advice.
This summary document was compiled by the UK Club's environmental team led by Dr. Chao Wu and is one of a continuing series of publications which shares the legal expertise within the Club with our Members. If you have any questions regarding impact of OPA 90 or your obligations when operating in the US please contactDr Chao Wu.
US Pollution Risks Federal and Sate Pollution Laws Summaries (1 MB)
You may also be interested in:
The USCG recently published a final rule establishing increased limits under the Oil Pollution Act of 1990. The increases are based on increases in the U.S. Consumer Price Index (CPI). The new limits embody the act’s ‘polluter pays’ principle while preserving the financial deterrent.
The Club’s correspondents in Australia, HWL Ebsworth Lawyers, advise of an increase in fines for those polluting Australian waters.
Cargo owners’ obligations to set the temperature of a refrigerated container and to take delivery of a damaged cargo under the bill of lading terms
QCR Autumn 2021: Cargo owners’ obligations to set the temperature of a refrigerated container and to take delivery of a damaged cargo under the bill of lading terms.
Circular 13/20: US Oil Pollution California - Increased criminal penalties for oil spill related offences
A new law was signed in California on 24th September 2020 for Members trading in California waters, which will bring the following increases in criminal penalties for oil spill related offences from 1st January 2021.