Showing posts with label OPA. Show all posts
Showing posts with label OPA. Show all posts

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."