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Topic: Oil Pollution Act of 1990


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 Exxon Valdez oil spill - Wikipedia, the free encyclopedia
On March 23, 1989, the oil tanker Exxon Valdez departed from the Valdez oil terminal in Valdez, Alaska (on its 28th voyage), heading south through Prince William Sound, with a full load (52 million gallons) of oil.
The spilled oil affected 1,900 km of Alaskan coastline.
A trial burn was conducted during the early stages of the spill, in a region of the spill isolated from the rest by a fire-resistant boom.
en.wikipedia.org /wiki/Exxon_Valdez_oil_spill   (1383 words)

  
 OIL POLLUTION ACT: Summary from Federal Wildlife Laws Handbook
The Oil Pollution Act imposes liability for removal costs and damages resulting from an incident in which oil is discharged into navigable waters or adjoining shorelines or the exclusive economic zone.
Each responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into the navigable waters, adjoining shorelines or the exclusive economic zone is liable for removal costs and damages resulting from the incident.
Oil terminal facilities and oil tanker operations associations are established for each program to review operation and maintenance policies of terminal facilities and tankers which may affect the environment, and provide a forum to discuss and make recommendations on permits, plans, and site-specific recommendations.
ipl.unm.edu /cwl/fedbook/oilpollu.html   (1476 words)

  
 Reporting Oil Spills: Everything You Need To Know
In 1973, EPA issued the Oil Pollution Prevention regulation, which is codified at 40 CFR Part 112, to address the oil spill prevention provisions contained in the Clean Water Act of 1972.
Under the legal authority of the Clean Water Act, the Discharge of Oil regulation, more commonly known as the "sheen rule", provides the framework for determining whether an oil spill to inland and coastal waters and/or their adjoining shorelines should be reported to the federal government.
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 non-petroleum oils (e.g., vegetable oil).
www.ehso.com /oilspills.php   (1868 words)

  
 About Relevant Laws - About DARP - DARP
Explicit statutory authority to restore injured natural resources began with the Clean Water Act amendments of 1977 and continued with the later enactment of the Comprehensive Environmental Response, Compensation and Liability Act (CERLCA or Superfund), the National Marine Sanctuaries Act (NMSA), and the Oil Pollution Act of 1990 (OPA) and other related laws.
The Oil Pollution Act (OPA) was passed in the wake of the Exxon Valdez oil spill in March of 1989.
This Act provides that any monies recovered by the NPS may be used to reimburse the costs of response and damage assessment and to restore, replace or acquire the equivalent of the injured resources.
www.darrp.noaa.gov /about/laws.html   (2075 words)

  
 Oil Pollution Act of 1990 - Wikipedia, the free encyclopedia
The Oil Pollution Act of 1990 was passed by the United States Congress to prevent further oil spills from occurring in the United States.
"A company cannot ship oil into the United States until it presents a plan to prevent spills that may occur.
This United States federal legislation article is a stub.
en.wikipedia.org /wiki/Oil_Pollution_Act_of_1990   (121 words)

  
 George Bush Presidential Library and Museum   (Site not responding. Last check: 2007-10-01)
I am today signing into law H.R. 1465, the ``Oil Pollution Act of 1990.'' In May 1989 the Administration sent its comprehensive oil pollution liability and compensation legislation to the Congress in the wake of the worst marine environmental disaster this Nation has ever experienced.
Ultimately, the threat of oil pollution is a global challenge, and the solutions we devise must be broad enough to address the needs of all nations.
We must work to ensure that, in response to the provisions of this Act, a situation is not created in which larger oil shippers seeking to avoid risk are replaced by smaller companies with limited assets and a reduced ability to pay for the cleanup of oil spills.
bushlibrary.tamu.edu /research/papers/1990/90081801.html   (771 words)

  
 Oil Pollution Act
The OPA is a comprehensive statute designed to expand oil spill prevention, preparedness, and response capabilities of the federal government and industry.
The OPA establishes a new liability regime for oil pollution incidents in the aquatic environment and provides the resources necessary for the removal of discharged oil.
OPA consolidates several existing oil spill response funds into the Oil Spill Liability Trust Fund (Trust Fund), a $1 billion fund to be used to respond to, and provide compensation for damages caused by discharges of oil.
www.csc.noaa.gov /opis/html/summary/opa.htm   (313 words)

  
 "Oil Pollution Act Of 1990 - New Limitations On Lessor Liability," Maritime, August 2004 from Holland & Knight LLP   (Site not responding. Last check: 2007-10-01)
The risk of oil pollution liability for financial lessors under the Oil Pollution Act of 1990 (OPA 90), 33 U.S.C. §2701 et seq., has been substantially ameliorated under new U.S. legislation, thereby restoring leasing as a more lessor-friendly financing option for vessels that trade in U.S. waters.
Section 703 of the New Act amends OPA 90 by redefining “owner” to exclude passive financing entities who are lessors in vessel lease financing transactions.
Section 703(a)(26)(B)(ii) of the New Act states that owner or operator does not include a lender “that holds indicia of ownership primarily to protect the security interest of the person in the vessel...” This principle is taken from, and conforms with, CERCLA.
www.hklaw.com /Publications/Newsletters.asp?ID=484&Article=2650   (1044 words)

  
 Oil spills have declined since Oil Pollution Act of 1990: 4/29/03
While this means that 99.9 percent of the oil moved by barges in this country was delivered safely, no one would argue that the 23,600 barrels of oil that did enter the marine environment was acceptable.
Spills are a lagging indicator of oil transportation safety; they help us to evaluate the efficacy of the prevention measures we have implemented in the past.
The fact is that companies in the oil transportation business today have and are continuing to put into place a more comprehensive array of safety improvement and spill prevention measures than any time in the history of oil transportation by water.
www.s-t.com /daily/04-03/04-29-03/a13op030.htm   (787 words)

  
 CRS Ocean & Coastal Resources Briefing Book
Legislation in the 1920s addressed oil tankers, further legislation in the 1970s spoke to tanker construction, operation and design, and the more recent comprehensive 1990 Oil Pollution Act are thought to have been successful in reducing the input of oil and other substances to marine waters.
On November 30, 1990, the IMO adopted the International Convention on Oil Pollution Preparedness, Response, and Cooperation.
In November 1992, delegates to the two IMO conventions, the 1969 International Convention on Civil Liability for Oil Pollution Damage and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, agreed to reduce the number of countries that must ratify protocols prior to their entry into force.
www.ncseonline.org /nle/crsreports/briefingbooks/oceans/r.cfm   (2104 words)

  
 Casualty, Pollution and Salvage at Holland & Knight LLP   (Site not responding. Last check: 2007-10-01)
Victory in a week long trial involving the vessel Tricolor which was involved in a collision in the English Channel which resulted in the loss of a vessel and its cargo of luxury cars.  The court placed 100% of the fault on the other vessel.
Oil And Gas Tanker, collision between oil and gas tanker and surfacing submarine in the Straits of Gibraltar, retained by vessel owner, settled.
This casualty led to the passage of the Oil Pollution Act of 1990.
www.hklaw.com /Practice/group.asp?ID=481   (1465 words)

  
 Funds Available for Payment of Natural Resource Damages under the Oil Pollution Act of 1990
The President, acting through the Department of Transportation, is authorized to use the Oil Spill Liability Trust Fund to pay the claims of Natural Resource Trustees for uncompensated natural resource damages in accordance with section 1013 of the Oil Pollution Act of 1990, without the need for further enactment of appropriations.
OPA further provides that the functions of Trustees are to assess natural resource damages and to develop and implement plans for the restoration, rehabilitation, replacement, or acquisition of the equivalent, of the natural resources under their trusteeship.
Although we are chary of attributing significance to Congress' failure to act, a refusal by Congress to overrule an agency's construction of legislation is at least some evidence of the reasonableness of that construction, particularly where the administrative construction has been brought to Congress' attention through legislation specifically designed to supplant it.
biotech.law.lsu.edu /blaw/olc/opaop_rm1.htm   (5840 words)

  
 Oil Pollution Act of 1990   (Site not responding. Last check: 2007-10-01)
The Oil Pollution Act (OPA) of 1990 streamlined and strengthened EPA�s ability to prevent and respond to catastrophic oil spills.
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.
The Act established new requirements and extensively amended the Federal Water Pollution Control Act to provide enhanced capabilities for oil spill response and natural resource damage assessment.
www.csc.noaa.gov /cmfp/reference/Oil_Pollution_Act_1990.htm   (181 words)

  
 Oil Pollution Act
In addition to response costs, the fund may be used without appropriations to pay the costs of assessments, as well as to pay claims for natural resource damages if there are no funds or insufficient funds from a responsible party.
It declared the contents of the National Contingency Plan to consist of a detailed oil and hazardous substance pollution prevention plan, including fisheries and wildlife.
The Service is included in the Interagency Coordinating Committee on Oil Pollution Research, established to research and develop methods to restore and rehabilitate natural resources damaged by oil discharges, and to research and evaluate the relative effectiveness and environmental impacts of bioremediation technologies.
www.fws.gov /laws/lawsdigest/oilpoll.html   (586 words)

  
 THE BILL OF ATTAINDER CLAUSE: A NEW WEAPON TO CHALLENGE THE OIL POLLUTION ACT OF 1990
73 Whereas OPA addresses oil spill liability, prevention, and cleanup on the national scale, the Prince William Sound provisions concern the regional problems and consequences of the Exxon Valdez oil spill.
333 Furthermore, section 5007 is placed in a portion of the Act that specifically aims to remedy the consequences of the worst oil spill in the United States’ history by implementing specific preventive measures for Prince William Sound, such as the Bligh Reef light334 and an improved tanker-traffic navigation system.
Read against the background of the events in 1989 and 1990, there is little chance that anyone could suggest that the risk of another major oil spill was so feeble that section 5007’s bar was a smoke screen for some invidious purpose.
www.bc.edu /schools/law/lawreviews/meta-elements/journals/bcealr/28_1/04_TXT.htm   (9601 words)

  
 Oil Spills and Disasters
Although it is one of the largest known oil spills, it had a low environmental impact.
Russian state-owned oil company claimed spill was only 102,000 barrels.
The Exxon Valdez oil spill: the environmental health response to man-made disasters.
www.infoplease.com /ipa/A0001451.html   (580 words)

  
 The Oil Pollution Act of 1990
Landmark legislation following on the heels of the nation's worst environmental disaster, the 11-millon-gallon Exxon Valdez oil spill in Alaska, the Oil Pollution Act of 1990 (OPA90) profoundly changed domestic and international oil transportation in the United States.
The number of gallons of oil spilled per million gallons shipped has dropped 64%, from an annual average of 14 gallons for the years 1983 to 1990 to 5 gallons from 1991 to 1998.
As part of the region's oil spill contingency plan, Fox had trained nearly 100 volunteers to clean oil wildlife 10 months before the '93 spill.
www.baysoundings.com /sum03/opa90.html   (536 words)

  
 Oil Pollution Articles - Oil Pollution Portal   (Site not responding. Last check: 2007-10-01)
Oil pollution lesson oil pollution lesson oil pollution lesson the objective of this web page is to increase students' awareness of how oil pollution can affect the environment, along with learning about the proper way to dispose of and recycle.
2702 to 2761 oil pollution control act of 1990 summary of the oil pollution control act of 1990 which empowers epa to help prevent and respond to catastrophic oil.
As the Clean Air Act is implemented, allowances will become essential for a utility to operate, and certainly they will be held in the ordinary course of business.
www.pollution-research.info /oil-pollution.html   (1093 words)

  
 Implementation Of The Oil Pollution Act   (Site not responding. Last check: 2007-10-01)
The Act was passed after the EXXON VALDEZ oil spill that discharged more than 11 million gallons of crude oil into Prince William Sound, Alaska on March 24, 1989.
Under OPA, a responsible party for a vessel or facility that discharges oil or which poses a substantial threat of discharging oil into or upon navigable waters or adjoining shorelines or the exclusive economic zone is liable for the costs associated with removing the oil and any damages to natural resources arising from the spill.
That Act establishes a knowing violation as a Class D felony (up to 10 years imprisonment and $250,000 fine) and provides that individuals who violate the Act, in addition to criminal penalties, may be assessed civil penalties of up to $25,000 for each day that a violation took place.
www.house.gov /transportation/cgmt/04-27-06/04-27-06memo.html   (1685 words)

  
 Oil Pollution Act of 1990
The study shall include a review and analysis of offshore lightering practices used in connection with that transportation, an analysis of the volume of oil transported by vessel using those practice s, and an analysis of the frequency and volume of oil discharges which occur in connection with the use of those practices.
The President, or the authorized representative of any State, Indian tribe, or foreign government, shall act on behalf of the public, Indian tribe, or foreign country as trustee of natural resources to present a claim for and to recov er damages to the natural resources.
The responsible party for a vessel or facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, may assert a claim for removal costs and damages under section 2713 of this title only if the res ponsible party demonstrates that--
library.law.unc.edu /ocean-coastal/opa.html   (3219 words)

  
 George Bush Presidential Library and Museum   (Site not responding. Last check: 2007-10-01)
(c) The functions vested in the President by Section 311(j)(1)(D) of FWPCA, respecting the inspection of vessels carrying cargoes of oil and hazardous substances and the inspection of such cargoes, are delegated to the Secretary of the Department in which the Coast Guard is operating.
Authorities and functions delegated or assigned by this order shall be exercised subject to consultation with the Secretaries of departments and the heads of agencies with statutory responsibilities which may be significantly affected, including, but not limited to, the Department of Justice.
The conduct and control of all litigation arising under the Oil Pollution Act of 1990 shall be the responsibility of the Attorney General.
bushlibrary.tamu.edu /research/papers/1991/91101804.html   (1756 words)

  
 AGI GAP Update on Oil Pollution Act of 1990 Revisions   (Site not responding. Last check: 2007-10-01)
These legislative changes, long petitioned by domestic oil and gas producers in offshore waters, were passed by the House on September 28 and the Senate on September 29.
OPA 90 was originally passed by Congress in response to the Exxon Valdez oil spill, but the domestic industry and the Independent Petroleum Association of America (IPAA) have argued that certain parts of the legislation were open to very liberal interpret ations thereby creating excessive financial burdens for the industry.
The passage of the OPA 90 amendment is being hailed as an important victory for the domestic oil and gas industry, while preserving the environmental safeguards originally intended by C ongress.
www.agiweb.org /gap/legis104/s1004upd.html   (291 words)

  
 The Requirement for Double Hulls Under the Oil Pollution Act of 1990   (Site not responding. Last check: 2007-10-01)
A significant pollution prevention standard in the Oil Pollution Act of 1990 is the requirement for new tankers to be of double hull construction.
In 1990, Congress mandated double hulls on all newly constructed oil tankers and specified a precise retirement date for all single-hulled tankers based on their age and weight at the time of enactment of the law.
The Oil Pollution Act of 1990 specifically provides for research, development and demonstration of new technologies which promise to protect the environment by preventing or reducing oil discharges and refer specifically to entering measures for the protection of the current fleet.
commdocs.house.gov /committees/Trans/hpw106-24.000/hpw106-24_1.HTM   (17647 words)

  
 Gale Schools - Environment - Timeline   (Site not responding. Last check: 2007-10-01)
Lacey Act regulating interstate shipment of wild animals in the United States is passed.
Oil tanker Exxon Valdez runs aground in Prince William Sound, Alaska, spilling 11 million gallons of oil.
Oil Pollution Act signed, setting liability and penalty system for oil spills as well as a trust fund for clean up efforts.
www.galeschools.com /environment/timeline.htm   (1893 words)

  
 Alaska Oceans Program - Aleutian Islands Oil Spill
The Oil Pollution Act of 1990 (OPA 90) -- a response to Exxon Valdez - established the Oil Spill Liability Trust Fund (OSLTF) which is the principal federal fund to address oil spill issues throughout the nation.
The OSLTF is managed by the National Pollution Funds Center at U.S. Coast Guard headquarters in Washington, DC.
In this manner, all oil producers and shippers share the cost of federal oversight, prevention, response, damage assessment, and restoration from oil spills, above those not covered by the Responsible Party.
www.alaskaoceans.net /sao/OSLTF.htm   (966 words)

  
 Welcome to Oil Pollution Law
Welcome to www.oilpollutionlaw.com, provided by the law firm Bode and Grenier, L.L.P. In the wake of the disastrous Exxon Valdez oil spill, Congress passed the Oil Pollution Act of 1990 to provide a comprehensive, unified system of oil spill liability and compensation.
OPA 90 is integrated with other environmental statutes, such as the Clean Water Act and the Comprehensive Environmental Response, Compensation, and Liability Act, to provide a nationwide system for oil spill liability, removal and restoration, and compensation.
Bode and Grenier, L.L.P., publishes “The Oil Pollution Act: Case Digest and Sourcebook” – a comprehensive guide to the Oil Pollution Act, including analysis of OPA legal challenges, analysis of OPA consent decrees, information on reporting spills and submitting claims to the Oil Spill Liability Trust Fund, as well as the text of the statute.
www.oilpollutionlaw.com   (282 words)

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