Federal Implementation of the Oil Pollution Act of 1990

October 1991
Citation:
21
ELR 10605
Issue
10
Author
Charles A. Openchowski

Editors' Summary: The Oil Pollution Act (OPA) is undergoing implementation. Responsibility for carrying out this newest federal environmental statute, which strengthens federal response authorities, increases civil penalty and liability limits, mandates an expanded regulatory program for contingency planning and prevention, and creates a $1 billion damages compensation fund, is divided among several executive branch agencies. As the author points out, the process of implementing the OPA will redefine the scope and power of these agencies. The author discusses the executive agencies to which Congress, under the OPA, assigned over 50 administrative duties and responsibilities. The author then explores how jurisdictional responsibilities will be divided among the agencies, and how previous implementations of other environmental statutes may serve as models for rules promulgated under the OPA. The author also analyzes the revision of the National Contingency Plan mandated by the OPA, assesses key terminology and new enforcement authorities under the OPA, and concludes with the OPA's relation to pending international oil spill protocols.

Mr. Openchowski is an attorney in the Office of General Counsel, U.S. Environmental Protection Agency. The views expressed in this Article are those of the author and do not necessarily represent the views of any federal agency.

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