About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

35 Ocean & Coastal L. Memo 1 (1990)

handle is hein.journals/ocoaslme35 and id is 1 raw text is: Ocean and Coastal aw Memo Issue 35 July 1990 Recent Developments in Ocean and Coastal Law, 1989 I. Oil Spill Legislation A. Compensation funds H.R. 3394, a composite oil spill bill introduced in October 1989, would substantially increase federal liability limits for oil spills and create a federal com- pensation fund offering $1 billion per incident for cleanup and resource damage costs not paid for by the spiller. It is unclear exactly how the $1 billion compensation fund will be financed. Under the 1986 Budget Reconciliation Act, pas- sage of oil spill legislation would trigger a 1.3 cent per barrel tax, activating a $300 million compen- sation fund. Sponsors of H.R. 3394 are seeking support for a 5 cent per barrel tax to finance the compensation fund. The House bill limits pre- emption of state laws. State compensation funds, state taxes to finance those funds, and state laws regarding personal injury or wrongful death actions are not affected. H.R. 3394 directs that except as allowed in its provi- sions, no action arising out of a discharge of oil may be brought in any [state court]. The Senate version does not preempt state law. In addition, H.R. 3394 sets forth how the 1984 International Maritime Organization protocols will be implemented, preparing for U.S. participation in the international liability and com- pensation system. Title III of H.R. 3394 states that during any period in which the Civil Liability Convention and Fund Convention are in force with respect to the United States the international liability limits would govern incidents to which the Convention applies. To meet compensation require- ments arising under domestic law that exceed the international liability limits, the International Fund would automatically indemnify and defend the shipowner responsible for the spill. H.R. 3394 recognizes the International Fund as a legal person under U.S. law. The 1984 protocols quad- rupled both the 1969 inter- national liability limit under the International Convention on Civil Liability for Oil Pollution Damage and the 1971 compen- sation fund under the Inter- national Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. In discussions of oil spill legislation, federal officials are expected to consider whether double bottoms or double hulls would prevent disasters like the Exxon Valdez spill in Alaska. B. Preemption In November, the U.S. House of Representatives voted not to preempt state oil spill laws, reversing its historical stand and removing an obstacle that blocked enactment of compre- hensive oil spill liability and compensation legislation. The House approved its comprehen- sive oil spill bill, H.R. 1465. The Senate earlier approved a similar bill, S. 686. The bills then went into conference. Distributed by: Oregon State University Extension . Sea Grant Program Corvallis OR

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most