Is Full Compensation Possible for the Damages Resulting From the Exxon Valdez Oil Spill?

August 1989
Citation:
19
ELR 10338
Issue
8
Author
Michele Straube

Editors' Summary: The Exxon Valdez oil spill in Prince William Sound, Alaska, did more than ravage a pristine environment. It also exposed the deficiencies in the jumble of federal and state laws that establish liability for environmental and economic damages caused by oil spills. The author, using the Exxon Valdez spill as a example, analyzes whether full compensation for all parties damaged by tanker oil spills is available under the existing statutory scheme. The Article examines the potential for full compensation at the various stages of response to a tanker oil spill: mandatory relief to force cleanup and restoration, recovery of government response costs, and compensation for natural resource damages and economic loss. The author concludes that the availability of full compensation is unclear. Full compensation is potentially available for response costs, natural resource damages, and economic loss. However, the federal government's ability to force oil companies to conduct a proper cleanup may be limited. Further, the multiple liability provisions may dictate different results under different factual settings. Comprehensive oil spill legislation is needed to eliminate the loopholes and inconsistencies in existing law.

Michele Straube is an attorney and environmental consultant in the Washington, D.C., area. She has practiced environmental law for ten years, most recently as a Senior Attorney with the Environmental Law Institute. The author acknowledges the invaluable assistance provided by Michael G. Mitchell, an attorney with Preston, Thorgrimson, Ellis & Holman in Anchorage, Alaska. The views expressed in this Article are those of the author personally, and do not reflect the positions of past, present, or future clients or employers.

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