Andrew N. Davis, Ph.D., a partner and Chair of the firm's Environmental Practice Group, has co-authored a chapter entitled “Oil Pollution Act” in the latest edition of the Environmental Law Handbook published by Bernan Press. The handbook is a comprehensive resource for federal environmental, health and safety laws and regulations affecting U.S. businesses and organizations.
The chapter provides a detailed analysis of the Oil Pollution Act of 1990 (OPA), often considered one of the most comprehensive and stringent environmental laws ever enacted. Key topics covered are:
- Oil pollution liability and compensation (including elements of liability, removal costs and spill response and compensatory damages)
- Natural resource damages (including summaries of six oil spills that triggered OPA provisions and regulations)
- Defenses to liability (including third-party liability)
- Limits on liability
- Recovery by foreign claimants or responsible parties
- Contribution and indemnification
- Oil Spill Liability Trust Fund (OSLTF)
- Notification and claims procedure
- Financial responsibility (including methods of demonstrating financial responsibility and regulations for vessels and facilities)
- Litigation and jurisdiction
- Relationship to other state and federal laws (as well as federal preemption under the Locke case)
- Prevention and removal (including laws governing the manning and operation of tank vessels, a national planning and response system for the prompt and effective removal of oil spills and criminal and civil penalties).
Andrew counsels clients in transactional, permitting, compliance and enforcement matters under health and safety, hazardous waste, air and water pollution, site development and property transfer laws. With his advanced degrees in marine science, he has developed an international reputation in the area of oil and chemical spills and the assessment and restoration of natural resource damages, representing some of the world’s largest shipping companies and their insurers in several high-profile marine casualty events throughout the United States. In addition to being a frequent speaker and author on a variety of environmental/health and safety topics, including oil pollution issues, he is an adjunct professor of environmental studies/law and policy at Connecticut College and a Fellow at the Goodwin-Niering Center for the Environment.
Andrea L. Gomes, a member of the firm’s Real Estate, Environmental and Land Use Practice Group, assisted in the preparation of this chapter.
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