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85 Tul. L. Rev. 1101 (2010-2011)

handle is hein.journals/tulr85 and id is 1109 raw text is: The Oil Pollution Act of 1990: A Glance in the Rearview Mirror David H. Sump* I. INTRODUCTION. ..................................1101 II. THE CLEAN WATERACT: FALLING SHORT... ...............1102 III. THE LESSONS OF EXXON VALDEZ .......................1104 IV A WEEKEND To REMEMBER ................... .....1106 V ADDRESSING THE CLEAN WATER ACT DEFICIENCIES ...............1109 A. Ol SpRI Liabity TrustFund................... 1109 B. Preemption............................. 1113 C Paying for the Costs of Oil Spills..... ............ 1116 VI. CONCLUSION ...................................... ..... 1118 I. INTRODUCTION It has been nearly twenty-two years since I received that fateful call informing me my assignment at United States Coast Guard Headquarters was about to be changed. As an active duty Lieutenant and a first-year attorney assigned as Appellate Defense Counsel in the winter of 1989, I was confined to a windowless office with clients typically hundreds if not thousands of miles away. One disaster, and one telephone call later, I began a journey as the United States Coast Guard's point person, or chief negotiator, for what was to become the Oil Pollution Act of 1990 (OPA 90). This Article recreates the state of oil pollution procedures and processes in 1989 and the mindset that existed among the legislators tasked with fixing a broken system. It will reveal the persons and * Q 2011 David H. Sump. Of Counsel, Troutman Sanders LLP; Adjunct Professor of Maritime Law, Marshall-Wythe School of Law at the College of William & Mary; Secretary, Maritime Law Association Committee on Regulation of Vessel Operations, Safety, Security and Navigation; Proctor, Maritime Law Association of the United States; B.S. 1979, United States Coast Guard Academy; MBA 1985, Cleveland State University; J.D. 1988, Marshall-Wythe School of Law at the College of William & Mary. Mr. Sump served in the Legislation Division of the Office of the Chief Counsel, U.S. Coast Guard, during the period 1989-1991 where he was responsible for communicating and negotiating U.S. Coast Guard positions regarding OPA 90 both within the Executive Branch and on Capitol Hill. Special thanks to B. Jason Barlow, Associate, Troutman Sanders LLP, for his invaluable research assistance for this Article. 1101

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