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Oil, Gas, and Mineral Law

Vanderbilt Law School Faculty Publications

1991

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Oil Pollution Act Of 1990: Opening A New Era In Federal And Texas Regulation Of Oil Spill Prevention, Containment And Cleanup, And Liability, J.B. Ruhl, Michael J. Jewell Apr 1991

Oil Pollution Act Of 1990: Opening A New Era In Federal And Texas Regulation Of Oil Spill Prevention, Containment And Cleanup, And Liability, J.B. Ruhl, Michael J. Jewell

Vanderbilt Law School Faculty Publications

This article assesses Congress' effort, through enactment of OPA, to meet the goals it stated in 1989. Part II provides an overview of the fragmented" condition of pre-OPA federal law addressing oil spills and an examination of the deficiencies Congress believed existed in that body of law. An understanding of those perceived deficiencies is essential for interpreting OPA. Part III surveys the basic features of OPA, particularly its liability provisions. It concludes that, although OPA surely achieves a major overhaul of federal oil spill law, it is basically in the same boat. Part IV examines the response of the states …