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85 Tul. L. Rev. 889 (2010-2011)

handle is hein.journals/tulr85 and id is 897 raw text is: TULANE LAW REVIEW VOL. 85 MARCH 2011 No. 4 Deepwater Horizon: Removal Costs, Civil Damages, Crimes, Civil Penalties, and State Remedies in Oil Spill Cases Robert Force* Martin Daviest Joshua S. Force** I. INTRODUCTION. ............................ ...... 890 II. THE OIL POLLUTION ACT OF 1990 ....... .............895 III. LIABLITY, PERSONS LIABLE, BASIS OF LIABILITY, AND DEFENSES ........................................... 896 IV COVERED REMOVAL COSTS AND DAMAGES ......... .........906 A. Removal Costs ....................... .....907 B. Damages .......................... .....909 C NaturalResource Damages .................. 911 D Economic Losses..........................927 V LIMITATION OF LIABILITY ...................... .....943 C 2011 Robert Force, Martin Davies, and Joshua S. Force. * Niels F. Johnsen Professor of Maritime Law; Director Emeritus, Tulane Maritime Law Center, Tulane University School of Law. The authors wish to express their appreciation to Ruth M. Force for her research assistance. Mrs. Force is a retired Assistant U.S. Attorney and received her LL.B. degree from the University of Pennsylvania. t Admiralty Law Institute Professor of Maritime Law, Tulane University School of Law; Director, Tulane Maritime Law Center. ** Member, Sher Gamer Cahill Richter Klein & Hilbert, L.L.C.; Adjunct Assistant Professor of Law, Tulane University School of Law; J.D., Harvard Law School; B.A., Haverford College. Sher Garner represents a number of claimants in the pending litigation related to the Deepwater Horizon incident. 889

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