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The Oil Pollution Act of 1990 was enacted following the Exxon
Valdez oil spill. The law establishes liability for removal costs
and damages in connection with the discharge of oil into navigable
waters, adjoining shorelines, or the exclusive economic zone. Responsibility
for implementing the Act’s provisions rests with the U.S.
Coast Guard.
The OPA also provides for the restoration of injured natural
resources, along with liability for lost services. Designated federal,
state, tribal, and foreign natural resource trustees are responsible
for: (1) returning injured natural resources to their “pre-spill” condition;
and (2) recovering compensation for interim losses of natural resources
and services through restoration, rehabilitation, replacement,
or acquisition.
The National Oceanic and Atmospheric Administration (NOAA) has
published guidance documents for the assessment of natural resource
damages. The guidance divides the damage assessment process into
three phases: (1) preassessment: where trustees evaluate injury
and determine whether there is authority to pursue restoration;
(2) restoration planning: where trustees evaluate and quantify
potential injures and determine appropriate restoration actions;
and (3) restoration implementation: where trustees and/or responsible
parties implement restoration, monitoring, and corrective actions.
The Environmental Protection Agency (EPA) has established an oil
program which includes requirements for reporting spills, preventing
spills, and responding to spills. The oil program emphasizes five
key areas: (1) prevention; (2) preparedness; (3) response; (4) liability
and compensation; and (5) research and development. Provisions on
prevention include requirements for crew training, as well as double
hull requirements for newly constructed tankers and tank barges.
Preparedness includes contingency plans, vessel response plans and
exercises, as well as training on spill responses. Research and development
provisions include response techniques and hardware. Finally, provisions
on liability and compensation serve to deter pollution, as well as
to provide funds for cleanup and compensation.
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