PROBLEMS AND PERSPECTIVES IN RECOVERY OF OIL POLLUTION REMOVAL COSTS

Sections 311(f) and (i) of the Federal Water Pollution Control Act are examined, and the statutory scheme for the recovery of cleanup costs by both the government and private persons is discussed. Legislative intent is compared with actual practice and experience as reflected in statistics developed from the USCG's Pollution Incident Reporting System data and the records used in administering the revolving fund. Actual case histories are used as a means of discussing the legal problems involved in administering sections 311(f) and (i). Government practice and case law are examined wherever appropriate, including recovery under 311(f) when government liability is at issue, recovery when both an owner-operator and a 3rd party are involved, recovery by the government from Tanker Owners Voluntary Agreement Concerning Liability for Oil Pollution and Contract Regarding an Interim Supplement to Tanker Liability for Oil Pollution and practice in the Court of Claims under 311(i). A brief comment is offered on the comprehensive oil spill liability bill (H.R. 14862), introduced in the 94th Congress, which would provide for an unlimited, readily accessible cleanup fund by imposing a fee on oil as it is received at the refinery or transport terminal.

Media Info

  • Features: References;
  • Pagination: p. 35-38

Subject/Index Terms

Filing Info

  • Accession Number: 00177244
  • Record Type: Publication
  • Source Agency: Pollution Abstracts
  • Report/Paper Numbers: Publication 4284
  • Files: TRIS
  • Created Date: Jun 28 1978 12:00AM