Showing posts with label CWA. Show all posts
Showing posts with label CWA. Show all posts

Monday, June 7, 2010

Oil Spill Fine Estimate | $ 1.5 Billion | Updated

Clean Water Act, CWA, Florida Oil Spill
Huge Potential Fine for Oil Pollution?
We have spent some time calculating the potential fines for the big oil spill for violations of the Clean Water Act (CWA). We have assumed 504,000 gallons per day have flowed as of 9:29 pm EST on June 7, 2010. That means that around 22,000,000 Gallons have been spewed into out Gulf of Mexico so far. At 42 Gallons per barrel, and a $3,000 per Barrel fine under the CWA, and 523,809 Barrels;

We estimate the Potential Current Fine is $1,571,428,571.42 . If the Oil stopped flowing 15 minutes ago (it didn't).

Update: MSNBC reported on June 11, 2010 "[the oil giant multinational corporation], which generated $16.6 billion in profits last year, has not cut its dividend in 18 years."

Friday, June 4, 2010

How To Kill a Barrier Island | Video

Reporters have now ventured onto islands in Barataria Bay, Louisiana, affected by the oil spill. Measures to protect the island from landfall of the oil have been in large measure ineffective. This video shows what happens when oil bypasses the measures in place to stop the pollution from reaching the shore.

Wednesday, June 2, 2010

Criminal Penalties | Oil Spill

Clean Water Act, CWA, Endangered Species Act, Migratory Bird Treaty Act, Oil Pollution Act of 1990, OPA, Penalties
Criminal Penalties are available to Federal Prosecutors for Oil Spills. The United States Code contains several possible laws for prosecutions.

Oil Pollution Act of 1990 OPA
Migratory Bird Treaty Act
Endangered Species Act
Clean Water Act CWA

Two provisions § 1321 of The Clean Water Act and 33 USC § 1251 of the CWA are sections that outline potential liability for oil spills. Fines of $1,000 to $3,000 per barrel can be imposed.

Under section 1321 the President of the United States POTUS has tremendous power. "If a discharge, or a substantial threat of a discharge, of oil or a hazardous substance from a vessel, offshore facility, or onshore facility is of such a size or character as to be a substantial threat to the public health or welfare of the United States (including but not limited to fish, shellfish, wildlife, other natural resources, and the public and private beaches and shorelines of the United States), the President shall direct all Federal, State, and private actions to remove the discharge or to mitigate or prevent the threat of the discharge."