Liability and Financial Responsibility for Oil Spills Under the Oil Pollution Act of 1990 and Related Statutes PDF Download
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Author: United States. Congress. House. Committee on Transportation and Infrastructure
Publisher:
ISBN:
Category : Science
Languages : en
Pages : 256
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Author: United States. Congress. House. Committee on Transportation and Infrastructure
Publisher:
ISBN:
Category : Science
Languages : en
Pages : 256
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Book Description
Author: United States Congress
Publisher: Createspace Independent Publishing Platform
ISBN: 9781978353879
Category :
Languages : en
Pages : 252
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Liability and financial responsibility for oil spills under the Oil Pollution Act of 1990 and related statutes: hearing before the Committee on Transportation and Infrastructure, House of Representatives, One Hundred Eleventh Congress, second session, June 9, 2010.
Author: United States. Congress. House. Committee on Transportation and Infrastructure
Publisher:
ISBN:
Category : BP Deepwater Horizon Explosion and Oil Spill, 2010
Languages : en
Pages : 227
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Author: Michael Greenstone
Publisher:
ISBN:
Category :
Languages : en
Pages : 7
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Book Description
Introduction: As I see it, we have two objectives related to oil drilling. The first is to support energy security through increased energy production in the United States. In my view, energy security refers to the reliable and affordable supply of energy in a manner that does not constrain our policy objectives in other arenas, particularly our national security. As a recent Council of Foreign Relations report put it, countries that rely on imported energy have repeatedly seen that "their growing dependence (on imported energy) increases their strategic vulnerability and constrains their ability to pursue a broad range of foreign policy and national security objectives." Indeed, it has been an ongoing goal of policymakers to maximize our nation's capacity for energy production so that the U.S. economy is not beholden to the decisions of foreign oil producers. The second objective is to protect the environment by making sure that energy producers put the appropriate safeguards in place against oil spills and other environmental damages. The American people place tremendous value on clean air and water. After all, a clean environment is necessary for safe recreation at beaches, healthy habitats for wildlife, industries like tourism and fishing, and ultimately preserving the planet for future generations. These two objectives are often in conflict with each other. Let's look at the two extreme cases: On the one hand, removing all environmental controls would maximize domestic energy production. On the other hand, the one guaranteed way to protect the environment from oil spills would be to stop drilling entirely. Of course, neither of these extremes is practical nor desirable. The American people depend on the government to find an appropriate middle ground, and to determine the appropriate level, type and location for drilling. An important part of these efforts can be achieved through sensible government regulation -- setting safety standards and conducting inspections. The challenge, however, is that the government is almost always at an information disadvantage relative to the oil companies. This is to be expected because the oil companies set up the rigs, know the local conditions, and generally invest many more worker hours on site analyzing the resulting data. Without access to full information, it is practically impossible for the government to know all of the decisions that are key for preventing spills. And, of course, it is vital that government regulators conduct independent inspections free of influence from the regulated companies. In the face of this information disadvantage, it is crucial that drillers face the proper economic incentives to prevent spills. This requires that oil companies be held responsible for clean-up costs and economic damages. The assignment of full liability to oil companies means that market forces will guide oil companies investment decisions and cause them to consider the full costs of potential spills in making these decisions. However, current law protects oil companies and actually provides economic incentives for spills, rather than preventing them. The 1990 Oil Pollution Act capped firms' liability for economic damages from oil spills at $75 million, not adjusted for inflation and in addition to all removal costs. My primary argument here today is that the removal, or substantial increase, of the liability cap on economic damages from oil spills is the most effective way to align oil companies' incentives with the American people's interests. It is natural to ask whether the removal of the liability cap would compromise our energy security goals by reducing U.S. production. This question cannot be answered definitively without access to data from oil, shipping, and insurance companies that is not currently in the public domain. Nevertheless if the removal of a cap were to compromise energy security goals, it could be paired with economically sound polices that promote domestic production or reduce oil consumption without putting our environmental goals at risk. Such a pairing would allow us to achieve our energy security and environmental goals.
Author:
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ISBN:
Category :
Languages : en
Pages : 0
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Author: United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Guard and Maritime Transportation
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 176
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Book Description
Author: United States. Department of Transportation
Publisher:
ISBN:
Category : Liability for oil pollution damages
Languages : en
Pages : 28
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Book Description
Author: United States. Congress. House. Committee on Merchant Marine and Fisheries. Subcommittee on Coast Guard and Navigation
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 236
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Book Description
Author: Olubunmi Olanrewaju Awoyemi
Publisher: M.O. Awoyemi & Company Independent Law Publishing
ISBN: 9780996011600
Category :
Languages : en
Pages : 816
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Book Description
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. This treatise consists of eighteen chapters. Chapter one discusses the scope of the Oil Pollution Act 1990. Chapter two analyzes the defenses to liability. Chapter three examines the procedures for asserting claims against a responsible party. Chapter four explores removal costs under OPA. Chapters five, six and seven dwell on issues relating to damages, recovery of interest, and limitation of liability respectively. Chapters eight and nine of this treatise focus on the effect of the Oil Pollution Act of 1990 on the insurance structure for oil pollution in US and international waters. The two chapters briefly discuss the financial responsibility requirements and the international oil pollution regimes as they relate to marine insurance. Chapter ten discusses contribution, indemnity and third part liability. Chapters eleven, twelve and thirteen examine the National Pollution Funds Center's Oil spill liability Trust funds, recovery by foreign claimants, as well as jurisdictional and procedural issues respectively. Chapters fourteen, fifteen, and sixteen comprehensively analyze the non-preemption clause, as well as the interaction between OPA and its predecessor statutes dealing with oil and other pollutants, as well as time limitations respectively.The overall analysis undertaken in this treatise would be helpful to governments at all levels (domestic & foreign), and also to the maritime & transportation, environmental, oil & gas, energy, insurance, banking & financial services, real estate, and hospitality industries. This treatise attempts an extensive textual analysis of the compensation and liability sub-chapter of the Oil Pollution Act of 1990 (OPA).This treatise also includes an extensive analysis of OPA jurisprudence and non-OPA jurisprudence construing pre-OPA statutes regulating oil and hazardous substance pollution. Its comprehensive analysis of non-OPA jurisprudence would provide guidance to academics, lawyers, judges, students and several business industries in their bid to construe the intricate provisions of the Oil Pollution Act of 1990.
Author: Olubunmi Olanrewaju Awoyemi
Publisher: M.O. Awoyemi & Company Independent Law Publishing
ISBN: 9780996011624
Category : Law
Languages : en
Pages : 818
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Book Description
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. This treatise consists of eighteen chapters. Chapter one discusses the scope of the Oil Pollution Act 1990. Chapter two analyzes the defenses to liability. Chapter three examines the procedures for asserting claims against a responsible party. Chapter four explores removal costs under OPA. Chapters five, six and seven dwell on issues relating to damages, recovery of interest, and limitation of liability respectively. Chapters eight and nine of this treatise focus on the effect of the Oil Pollution Act of 1990 on the insurance structure for oil pollution in US and international waters. The two chapters briefly discuss the financial responsibility requirements and the international oil pollution regimes as they relate to marine insurance. Chapter ten discusses contribution, indemnity and third part liability. Chapters eleven, twelve and thirteen examine the National Pollution Funds Center's Oil spill liability Trust funds, recovery by foreign claimants, as well as jurisdictional and procedural issues respectively. Chapters fourteen, fifteen, and sixteen comprehensively analyze the non-preemption clause, as well as the interaction between OPA and its predecessor statutes dealing with oil and other pollutants, as well as time limitations respectively.The overall analysis undertaken in this treatise would be helpful to governments at all levels (domestic & foreign), and also to the maritime & transportation, environmental, oil & gas, energy, insurance, banking & financial services, real estate, and hospitality industries. This treatise attempts an extensive textual analysis of the compensation and liability sub-chapter of the Oil Pollution Act of 1990 (OPA). This treatise also includes an extensive analysis of OPA jurisprudence and non-OPA jurisprudence construing pre-OPA statutes regulating oil and hazardous substance pollution. Its comprehensive analysis of non-OPA jurisprudence would provide guidance to academics, lawyers, judges, students and several business industries in their bid to construe the intricate provisions of the Oil Pollution Act of 1990. The author of this treatise has reproduced the relevant sections of OPA, at the beginning of each discussion of the most important sections of the OPA.
