What is the Oil Pollution Act of 1990?
The Oil Pollution Act (OPA) is the most comprehensive oil pollution legislation ever enacted in the United States. It provides that each party responsible for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge of oil, into or upon the navigable waters or adjoining shorelines or the exclusive economic zone is liable for certain removal costs and damages resulting from an oill spill. The Oil Pollution Act also established the national Oil Spill Liability Trust Fund (OSLTF), which funds oil spill cleanup activities and provides compensation for damages from oil spills. However, the law also established limitations on liability for damages resulting from oil pollution.
Other Oil Spill FAQs
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Q:
What legal remedies are available to individuals and businesses affected by the Gulf Oil Spill?
A: Under the Oil Pollution Act, companies responsible for an oil spill are liable for damages to individuals and businesses affected as a result. Commercial fishermen, … More -
Q:
Is compensation available to tourism businesses and workers for lost income or profits as a result of the Gulf oil spill?
A: Yes. Under the Oil Pollution act, if you've lost profits or income as a result of an oil spill, you may submit a claim for lost profits or earning … More -
Q:
I own or lease property damaged by an oil spill. Am I entitled to compensation for the damages?
A: If you own or lease property that was damaged by an oil spill, you may be able to receive compensation under the Oil Pollution Act (OPA). You may be … More -
Q:
My boat was damaged by the Gulf Oil Spill. Am I entitled to damages?
A: If you own or lease a boat that was damaged by the Gulf oil spill, you may have a claim for that damage under the Oil Pollution Act. For example, under the OPA, … More -
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What is needed to file a claim for damages resulting from the Gulf Oil Spill with the National Pollution Funds Center?
A: To submit a claim for compensation with the NPFC for damages from the Gulf Oil Spill, the Oil Pollution Act requires you to submit the following: 1. Proof … More -
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What is the Oil Spill Liability Trust Fund (OSLTF)?
A: The Oil Liability Trust Fund (OLTF) was created by Congress in 1986. When the Oil Pollution Act was put into place, it authorized the user of the Fund to pay … More -
Q:
Does the law limit the amount of money an oil company is liable for after an oil spill?
A: Section §1004 of the Oil Pollution Act provides: "The liability for tank vessels larger than 3,000 gross tons is increased to $1,200 per gross ton or … More -
Q:
If an oil company negligently caused an oil spill, then does the $75 million liability cap apply?
A: No. While the Oil Pollution Act limits the liability of a "responsible party" offshore oil rig to the total of all removal costs plus … More -
Q:
If I submit a federal claim for Gulf oil spill damages, does that mean I can't join a private or class action lawsuit?
A: If you've suffered property damage, loss of income, or other injuries as a result of the Gulf oil spill, you may have a claim for compensation. You … More
