Environmental Laws and Oil Spills

There have been several environmental disasters involving oil spills and pollution. Some of the most well-known include the Exxon Valdez in Alaska and the Deepwater Horizon oil rig in the Gulf of Mexico. These disasters even prompted lawmakers to pass new environmental laws to address oil spill prevention.

Laws that govern oil spills vary and depend on federal law, admiralty law (the law of the sea), local and state property laws, and negligence laws. For more information about your environmental rights after an oil spill, talk to a lawyer.

What Is the Oil Pollution Act?

The Exxon Valdez disaster in Prince William Sound occurred in 1989. Congress passed the Oil Pollution Act of 1990 (OPA) just a year later. This act created a system of penalties for those involved. Financial penalties may encourage crude oil companies to take steps to reduce the risk of an accidental discharge of oil.

The act was also designed to ensure that money was available for needed clean-up efforts. For example, BP paid over $63 billion in clean-up costs, natural resources damages, and other fees.

What Is the Oil Spill Liability Trust Fund?

The OPA also authorized the use of the Oil Spill Liability Trust Fund. Using oil taxes, the fund provides resources to clean up oil spills. Before the 1989 Alaskan oil spill, the fund had already existed but was not funded. With funding, the fund increased to $1 billion. The U.S. Coast Guard and Environmental Protection Agency (EPA) can use this money for removal costs, natural resource damage assessments, and restoration.

There is also an emergency fund available to the president without requiring congressional approval. The president can use up to $50 million to fund removal activities and initiate natural resource damage assessments.

How Do Oil Production Companies Plan and Prepare? 

The OPA also requires oil storage facilities and tankers to submit plans to the EPA on their oil spill response and preparedness. Companies are responsible for their actions and have to outline contingency plans.

Companies need to go over scenarios in which a leak or spill could take place. They need to make plans to counteract the problems. If a spill does happen, they can put the plan into action. This also allows for precautionary measures to reduce the risk of an oil spill.

Federal government regulations required the use of double hulls on the tankers transporting oil. This helps to protect against a spill, even in the case of an accident.

Are There Financial Penalties for Oil Spills?

The OPA firmly put the responsibility for preventing these events on the companies involved in drilling or transporting oil. Responsible parties now have to pay for local and state efforts to clean up the spill, along with federal efforts, covering all of the costs. Penalties were also raised, making it far more costly to cause an oil spill. This is both a penalty and a deterrent.

What Is the Clean Water Act?

The Clean Water Act is a federal law regulating pollution discharges into navigable waters. The EPA investigates and monitors potential pollution violations, including by oil or petroleum discharges. The EPA also enforces violations, including assessing clean-up fees and penalties for violators. The EPA can also seek criminal penalties, with possible jail time and fines for organizations that negligently or knowingly endanger others.

Are There State Laws to Address Oil Spills?

In addition to U.S. government regulations, there may also be state laws to address pollution and oil spills. State laws can be similar to federal laws, but some state laws can go further than federal regulations. Depending on the state, there may be oil spill prevention funds, penalties for violators, and reporting requirements for oil companies.

Can You File an Injury Lawsuit After an Oil Spill?

The oil companies may try to mitigate any dangers of an oil spill, but oil toxins can kill plants, animals, and other organisms. According to the National Oceanic and Atmospheric Administration (NOAA), potential long-term effects of oil spills can include:

• Genetic damage
• Liver disease
• Cancer
• Impaired reproductive systems
• Developmental problems
• Immune system impairment

A disaster like this may reach hundreds or thousands of people. Injury victims could include anyone who is negatively impacted, from a commercial fisherman who cannot bring in their catch to those who suffered adverse health effects from exposure.

Contact an experienced lawyer if you have questions about your rights after an oil spill or other pollution disaster.