Oil Pollution Act of 1990

33 USC 2701 et seq.; P.L. 101-380; 104 Stat. 484; August 18, 1990

Historical Context:

OPA was passed in response to the Exxon Valdez oil spill, which occurred in March 1989. The spill was one of the largest oil spills in history, and it had devastating environmental and economic impacts on the surrounding area. The spill raised public awareness about the dangers of oil spills and the need for better regulations to prevent them.

In addition to the Exxon Valdez spill, there had been a number of other major oil spills in the 1980s, including the Amoco Cadiz spill in 1978 and the Atlantic Empress spill in 1979. These spills demonstrated the need for better regulations to prevent and respond to oil spills.

Regulatory Structure:

OPA established a comprehensive regulatory framework for preventing, responding to, and cleaning up oil spills. Some of the key elements of the regulatory structure include:

  1. Prevention measures - OPA requires vessels and facilities to have oil spill response plans in place, to use best available technology to prevent spills, and to conduct regular drills and exercises to ensure preparedness.

  2. Liability and compensation - OPA established a strict liability regime for oil spills, meaning that parties responsible for spills are liable for all damages and cleanup costs. The law also established the Oil Spill Liability Trust Fund, which can be used to pay for response and cleanup costs when responsible parties are unable to do so.

  3. Response and cleanup - OPA requires the development of a National Contingency Plan for responding to oil spills and establishes procedures for coordinating federal, state, and local responses. The law also requires the use of best available technology for oil spill response and cleanup.

Overall, OPA represents a significant step forward in regulating oil spills and protecting the environment and public health.

Major Amendments to the Oil Pollution Act of 1990:

There have been several amendments to the Oil Pollution Act of 1990 (OPA) since its enactment in 1990. Some of the major amendments are:

  1. The Coast Guard and Maritime Transportation Act of 2004 (August 9, 2004, P.L. 108-293) - This amendment clarified and strengthened the Coast Guard's role in enforcing OPA and established new requirements for oil spill response plans.

  2. The Coast Guard and Maritime Transportation Act of 2006 (CGMTA) (August 14, 2006, P.L. 109-241): This amendment provides authorization and funding for the United States Coast Guard and other maritime transportation programs. It also includes provisions related to the establishment of the National Maritime Transportation Security Plan, the certification and training of maritime security professionals, and the development of a new Coast Guard Arctic Strategy.

  3. The Coast Guard Authorization Act of 2010 (October 15, 2010, P.L. 111-281) - This amendment increased the liability limits for vessels and facilities that cause oil spills and established new requirements for vessel response plans.

  4. The Howard Coble Coast Guard and Maritime Transportation Act of 2014 (December 18, 2014, P.L. 113-281- This amendment made several changes to OPA, including requiring oil spill response plans for certain non-tank vessels and expanding the use of alternative response technologies.

  5. The Coast Guard Authorization Act of 2016 (February 8, 2016, P.L. 114-120): This amendment increased the liability limits for vessels and facilities that cause oil spills.