Liability and Compensation Issues Raised by the 2010 Gulf Oil Spill

Liability and Compensation Issues Raised by the 2010 Gulf Oil Spill
Author: Jonathan L. Ramseur
Publisher: DIANE Publishing
Total Pages: 27
Release: 2011-06
Genre: Reference
ISBN: 143798343X

The 2010 Deepwater Horizon (DH) incident produced the largest oil spill that has occurred in U.S. waters, releasing more than 200 million gallons into the Gulf of Mexico. BP has estimated the combined oil spill costs will be approx. $41 billion. The DH oil spill raised many issues for policymakers, incl. the ability of the existing oil spill liability and compensation framework to respond to a catastrophic spill. Contents of this report: (1) Intro.; (2) Existing Liability and Compensation Framework: Responsible Party; Liability Limits; Financial Responsibility; The Oil Spill Liability Trust Fund; Compensation or Claims Process; (3) Issues for Policymakers: Liability Limits; Per-Incident Cap; Level of Funding; Claims Process. This is a print on demand report.

Crs Report for Congress

Crs Report for Congress
Author: Congressional Research Service: The Libr
Publisher: BiblioGov
Total Pages: 30
Release: 2013-11
Genre:
ISBN: 9781294255383

The 2010 Deepwater Horizon incident produced the largest oil spill that has occurred in U.S. waters, releasing more than 200 million gallons into the Gulf of Mexico. BP has estimated the combined oil spill costs--cleanup activities, natural resource and economic damages, potential Clean Water Act (CWA) penalties, and other obligations--will be approximately $41 billion. The Deepwater Horizon oil spill raised many issues for policymakers, including the ability of the existing oil spill liability and compensation framework to respond to a catastrophic spill. This framework determines (1) who is responsible for paying for oil spill cleanup costs and the economic and natural resource damages from an oil spill; (2) how these costs and damages are defined (i.e., what is covered?); and (3) the degree to which, and conditions in which, the costs and damages are limited and/or shared by other parties, including general taxpayers. The existing framework includes a combination of elements that distribute the costs of an oil spill between the responsible party (or parties) and the Oil Spill Liability Trust Fund (OSLTF), which is largely financed through a per-barrel tax on domestic and imported oil. Responsible parties are liable up to their liability caps (if applicable); the trust fund ...

Oil Spill Legislation in the 111th Congress

Oil Spill Legislation in the 111th Congress
Author: Jonathan L. Ramseur
Publisher: DIANE Publishing
Total Pages: 28
Release: 2011-04
Genre: Technology & Engineering
ISBN: 1437942180

This report summarizes provisions of selected legislation -- enacted and proposed -- that address oil spill policy issues raised after the April 20, 2010, explosion and resulting oil spill at the Deepwater Horizon drilling platform in the Gulf of Mexico. The 2010 Gulf oil spill has generated considerable interest in oil spill issues. The House of Rep. has conducted at least 33 hearings in 10 committees. The Senate has conducted at least 30 hearings in eight committees. Members have introduced over 150 legislative proposals that have included one or more provisions that would affect oil spill policy. This report focuses primarily on oil spill policy matters that concern prevention, preparedness, response, and the liability and compensation framework. Charts and tables.

Deepwater Horizon Oil Spill Disaster

Deepwater Horizon Oil Spill Disaster
Author: Rawle O. King
Publisher: DIANE Publishing
Total Pages: 24
Release: 2010-11
Genre: Technology & Engineering
ISBN: 1437937101

The April 2010 Deepwater Horizon oil spill disaster in the Gulf of Mexico was the largest spill to have occurred in U.S. waters. The scale of clean-up costs and third-party damages has prompted congressional review of clean-up and damage compensation mechanisms, as well as of ways to facilitate future oil spill prevention, response, and recovery. A key element is the role of insurance in ensuring that costs of spills can be financed. Contents of this report: (1) Intro.; (2) The Deepwater Horizon Oil Spill Incident; (3) The Offshore Energy Exploration and Production Business: Risk Management and the Demand for Insurance; (4) Offshore Energy Insurance Market; (5) Compensating Oil Pollution Victims; (6) Policy Issues. Illus.

Gulf Oil Spill of 2010

Gulf Oil Spill of 2010
Author: Christine R. Walsh
Publisher:
Total Pages: 0
Release: 2012
Genre: BP Deepwater Horizon Explosion and Oil Spill, 2010
ISBN: 9781613247297

Contains edited, excerpted and augmented editions of CRS reports.

Deepwater Horizon Liability

Deepwater Horizon Liability
Author: United States. Congress. Senate. Committee on Energy and Natural Resources
Publisher:
Total Pages: 88
Release: 2010
Genre: BP Deepwater Horizon Explosion and Oil Spill, 2010
ISBN:

Civil Liability for Marine Oil Pollution Damage

Civil Liability for Marine Oil Pollution Damage
Author: Hui Wang
Publisher: Kluwer Law International B.V.
Total Pages: 442
Release: 2011-01-01
Genre: Law
ISBN: 904113672X

This remarkable book - the first in-depth examination of the civil liability regime for marine oil pollution damage from a law and economics perspective - examines the efficiency and effectiveness of the regime, with particular attention to whether it is in fact designed in the public interest or merely a distribution of risks and costs among interested parties. The question is asked: does the liability system give the potential polluter incentives to take precautionary measures to avoid pollution or to reduce the possibility of pollution? The international regime on civil liability for marine oil pollution rests on the International Convention on Civil Liability for Oil Pollution Damage (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (Fund Convention). However, the world's biggest oil consumer and importer - the United States - has ratified neither, preferring its own Oil Pollution Act of 1990 (OPA), and China - currently the world's second oil-consuming country - has not ratified the Fund Convention. Thus it is reasonable to compare the three regimes - international, US, and China - as such a comparative study may reveal some advantages or disadvantages among the three systems. Among the issues raised and tackled head-on by the author are the following: whether the contents of international conventions can be considered as the result of the influence of the various interest groups involve; overview of the regulations of marine pollution; technical standards, rules for operation, professional criteria; to what extent a state may take action against trans-boundary polluting activities; what liability a state may incur for non-action or non-effective action; significance for liability of the charter-party, generally considered the evidence of the hire of a ship, and the bill of lading, considered the evidence of the contract of carriage of goods by sea; the crucial role of the so-called 'International Group' of 13 Protection and Indemnity (P and I) Clubs, non-profit organizations specializing in liability insurance; the main international players - the International Maritime Organization (IMO), the Comit? Maritime International (CMI), and industry organizations such as INTERTANKO and the Oil Companies International Marine Forum (OCIMF); the particular regime on offshore facility pollution liability in the United States; port state control; criminal liability; and EU and other regional initiatives. In addition, a detailed study of the Erika case reveals some of the rationale for many of the persistent features of marine pollution liability regimes. The well-thought-out legal and economic analysis provided in this book, along with its clearly stated policy recommendations and constructive perspectives for future development of the liability system, will be immeasurably valuable to lawyers and policymakers active in this highly visible area of international law.

Pollution from the Carriage of Oil by Sea:Liability and Compensation Issues

Pollution from the Carriage of Oil by Sea:Liability and Compensation Issues
Author: Wu Chao
Publisher: Springer
Total Pages: 464
Release: 1996-09-20
Genre: Law
ISBN:

This important new reference work analyses the special legal regime for oil pollution liability and compensation with regard to shipowners and cargo owners. it describes the system put in place by international Conventions and international voluntary agreements with particular regard To The IOPC Fund compensation policy. This work examines in detail how responsibility is divided between shipowners and oil companies and which claims for pollution damage are admissible within the framework of the Conventions. The operation and application of the Conventions is considered specifically in the light of the unilateral approach adopted by the United States based on an extensive study of legislation and caselaw.