The Oil Pollution Act of 1990 (OPA), passed by Congress and signed by the President on August 18, 1990, largely in reaction to the Exxon Valdez catastrophe, has literally revolutionized the area of oil pollution liability. The statute amends many of the laws described above. Most significantly, it expressly declines to preempt the states' right to pass laws imposing additional liability or requirements with respect to the discharge of oil, or other pollution by oil, and removal activities in connection with such discharge. Further, OPA does not affect any state's authority to establish or continue a fund for compensation for oil pollution damage or to require any person to contribute to such fund. Thus, it would appear that the limitation provisions in OPA are not exclusive and that discharges of oil may be subject to unlimited liability to third parties (a concept heretofore unheard of in maritime law) for pollution damage proximately caused by the discharge.
Detailed legal analysis of the OPA is found in the following sections of these Matthew Bender publications, which may be downloaded for free by clicking on each section title.
Environmental Law Practice Guide: State and Federal Law
This publication provides comprehensive coverage of the entire spectrum of federal and state environmental law. Everything you need all in one place! It provides practical guidance that cuts across all substantive areas of environmental law. Written for attorneys, consultants, regulators and facility managers by some of the foremost authorities in the country, this publication provides guidance through complex procedures and phases of environmental law practice, featuring state-by-state as well as subject-by-subject coverage.
Free download of Environmental Law Practice Guide: Chapter 23, § 23.02-The Oil Pollution Act of 1990 (OPA).
Subscribers may access Chapter 23 - Oceans and Oil Spills on lexis.com
Environmental Law Practice Guide: State and Federal Law may also be purchased in the LexisNexis Store.
The Law of Hazardous Waste: Management, Cleanup, Liability and Litigation
National in scope, this comprehensive treatise contains everything you will need to know about current laws, regulations, and cases--both at the federal and state levels regarding the management of hazardous waste, whether newly generated or the result of past dumping.
Free download of The Law of Hazardous Waste: Chapter 15, § 15.06-The Oil Pollution Act of 1990.
Subscribers may access Chapter 15 - Non-CERCLA Statutory Liability for Environmental Contamination on lexis.com.
The Law of Hazardous Waste: Management, Cleanup, Liability and Litigation may also be purchased in the LexisNexis Store.
Grad, Treatise on Environmental Law
This treatise examines issues, analyzes the statutes and important case law in every area of environmental law.
Free download of Treatise on Environmental Law: Chapter 3, § 3.03[8A]-The Oil Pollution Act of 1990.
Subscribers may access Chapter 3 - Water Pollution on lexis.com.
Grad, Treatise on Environmental Law may also be purchased in the LexisNexis Store.