VESSEL LIABILITY AND FINANCIAL RESPONSIBILITY IN THE U.S. COASTAL STATES

1995 ◽  
Vol 1995 (1) ◽  
pp. 255-260
Author(s):  
Amy M. Stolls
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Oil Pollution ◽  
The United States ◽  
Financial Responsibility ◽  
Coastal State ◽  
Doing Business ◽  
Federal Laws ◽  
The U.S ◽  
Laws And Regulations

ABSTRACT Vessel owners and operators doing business in the United States know by now that simply complying with federal laws and regulations is not enough. Though some states have enacted legislation similar to the federal Oil Pollution Act of 1990, others have their own approach to environmental protection. This paper reviews the patchwork of U.S. coastal state requirements with regard to vessel liability and financial responsibility.

OIL SPILL LEGISLATION IN THE COASTAL UNITED STATES SINCE THE OIL POLLUTION ACT OF 1990

1993 ◽  
Vol 1993 (1) ◽  
pp. 643-648 ◽  
Author(s):  
Amy M. Stolls
Keyword(s):  
United States ◽  
Oil Spill ◽  
Oil Pollution ◽  
The United States ◽  
Federal Agencies ◽  
Contingency Planning ◽  
Financial Responsibility ◽  
Key Issues ◽  
Wait And See ◽  
Laws And Regulations

ABSTRACT Because the federal Oil Pollution Act of 1990 (OPA 90) allows state preemption, vessel and facility owners that operate in the United States know that simply complying with federal laws and regulations is not enough. Though some states have enacted legislation similar to OPA 90 and have taken a wait-and-see approach to the promulgation of regulations, many others did not wait for federal agencies to resolve certain issues. This paper reviews new state oil spill laws and regulations in the coastal United States and compares their approaches to contingency planning, prevention, responder immunity, financial responsibility, liability, and other key issues.

Implications of OPA 90 in General and Its Effect on the T-AO 187 Class Oilers in Particular

1994 ◽  
Vol 31 (03) ◽  
pp. 175-182
Author(s):  
Hans Hofmann ◽  
George Kapsilis ◽  
Eric Smith ◽  
Robert Wasalaski
Keyword(s):  
United States ◽  
Structural Changes ◽  
Oil Pollution ◽  
The United States ◽  
Coast Guard ◽  
International Maritime Organization ◽  
The Status ◽  
Oil Tankers ◽  
The U.S ◽  
Hull Construction

The Oil Pollution Act of 1990 has mandated that by the year 2015 all oil tankers operating in waters subject to jurisdiction of the United States must have double hulls. This paper examines the Act and the status of regulatory initiatives it has generated. Guidance for new hull construction and retrofit of existing vessels is outlined, and both IMO (International Maritime Organization) and U.S. Coast Guard requirements are discussed. Finally, the structural changes necessary to convert the U.S. Navy's T-AO Class oil tankers to meet the requirements of the Act are specified and illustrated.

Developing Epa's Core Oil Spill Program

2001 ◽  
Vol 2001 (1) ◽  
pp. 369-372
Author(s):  
Dennisses Valdes ◽  
Dana Stalcup ◽  
Wendy Christopherson
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Oil Spill ◽  
Oil Industry ◽  
The United States ◽  
Hazardous Substance ◽  
Program Effort ◽  
Industry Culture ◽  
Major Pipeline ◽  
The U.S

ABSTRACT The purpose of the U.S. Environmental Protection Agency's (EPA) Core Oil Spill Program effort is to help define core or fundamental Oil Spill Program activities nationwide to ensure that EPA maintains a well-trained, dedicated staff with the necessary resources to prevent, prepare for, and respond to oil and hazardous substance incidents the threaten the waters of the United States. It is especially important that sound oil spill programs are in place in all EPA regions and headquarters to adequately address the changing industry culture and to prevent future disasters comparable to the Ashland tank collapse, the Exxon Valdez spill, and recent major pipeline spills. Emphasis on these core activities should help the regional oil spill programs prioritize activities in an era of reduced funding for EPA's Oil Spill Program and aging oil industry infrastructure.

NEW MARITIME SECURITY REGULATIONS AND THE POTENTIAL IMPACT ON POLLUTION RESPONSE AND LIABILITY IN THE U.S.

2005 ◽  
Vol 2005 (1) ◽  
pp. 233-235
Author(s):  
Frank J. Gonynor
Keyword(s):  
United States ◽  
Marine Pollution ◽  
The United States ◽  
Maritime Security ◽  
Potential Impact ◽  
Security Regulations ◽  
The U.S ◽  
Laws And Regulations

ABSTRACT This article presents the various issues that have arisen in connection with the handling of marine pollution incidents in the United States and the legal and practical issues that impact them due to the recent enactment of maritime security laws and regulations.

scholarly journals The Marine Salvage Industry: Proven in Preventing Oil Spills

2021 ◽  
Vol 2021 (1) ◽  
pp. 684710
Author(s):  
Jim Elliott
Keyword(s):  
Environmental Protection ◽  
Oil Spill ◽  
Oil Recovery ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
Vital Role ◽  
Coast Guard ◽  
New Policies ◽  
The U.S

Abstract The marine salvage industry plays a vital role in protecting the marine environment. Governments, industry and the public, worldwide, now place environmental protection as the driving objective, second only to the safety of life, during a marine casualty response operation. Recognizing over 20 years after the passage of the Oil Pollution Act of 1990 that the effectiveness of mechanical on-water oil recovery remains at only about 10 to 25 percent while the international salvage industry annually prevents over a million tons of pollutants from reaching the world's oceans, ten years ago the United States began implementing a series of comprehensive salvage and marine firefighting regulations in an effort to improve the nation's environmental protection regime. These regulations specify desired response timeframes for emergency salvage services, contractual requirements, and criteria for evaluating the adequacy of a salvage and marine firefighting service provider. In addition to this effort to prevent surface oil spills, in 2016, the U.S. Coast Guard also recognized the salvage industries advancements in removing oil from sunken ships and recovering submerged pollutants, issuing Oil Spill Removal Organization (OSRO) classification standards for companies that have the capabilities to effectively respond to non-floating oils. Ten years after the implementation of the U.S. salvage and marine firefighting regulatory framework, this paper will review the implementation of the U.S. salvage and marine firefighting regulations and non-floating oil detection and recovery requirements; analyze the impacts and effectiveness of these new policies; and present several case studies and recommendations to further enhance salvage and oil spill response effectiveness.

Legal Control of Drugs and Generic Drugs

1980 ◽  
Vol 1 (6) ◽  
pp. 3-4
Author(s):  
George J. Annas ◽  
Leonard H. Glantz ◽  
Barbara Katz
Keyword(s):  
United States ◽  
Generic Drugs ◽  
State Level ◽  
The United States ◽  
Controlled Substances ◽  
Public Consumption ◽  
United States Food ◽  
States Food ◽  
Federal Laws ◽  
Laws And Regulations

The regulation of the use and distribution of drugs in the United States is governed by a complex set of state and federal laws and regulations. These laws and regulations are designed to accomplish a variety of purposes. First, the federal government hopes to exclude from interstate commerce drugs that are not both “safe and effective.” This function is performed by the United States Food and Drug Administration, exercising its authority under the Food Drug and Cosmetic Act and involves, for the most part, regulating the manufacturers of drugs. Second, both state and federal laws and regulations exist to keep “controlled substances” out of the hands of individuals who would use (or abuse) such substances for recreational as opposed to therapeutic purposes. The regulation of the use of such substances is primarily accomplished by the federal Controlled Substances Act (CSA) and similar laws that exist at the state level. Third, some drugs, because of their toxicity or habit-forming qualities, are prohibited from public consumption without the guidance of a health care professional. Unlike over-the-counter drugs which may be purchased by anyone, these drugs may only be purchased by a consumer who presents a valid prescription to a pharmacist.

1964

Peyote Effect ◽  
2018 ◽  
pp. 103-120
Author(s):  
Alexander S. Dawson
Keyword(s):  
United States ◽  
Native American ◽  
First Amendment ◽  
The United States ◽  
Federal Law ◽  
Native American Church ◽  
Bona Fide ◽  
Federal Laws ◽  
The 1960S ◽  
The U.S

As the United States moved toward a ban on peyote during the 1960s, the courts were forced to confront the First Amendment claims of Native American peyotists. This chapter explores the deployment of the concept of “bona fide” religious belief, which became the means through which an exemption for Native American peyotists was enshrined in U.S. law. The courts attempted to measure this through a series of metrics: whether or not other drugs were used, whether or not ceremonies took place within a formally organized church, and the extent to which these practices could be said to be traditional. More troubling was the fact that the courts and later the U.S. government relied on race as a basis for evaluating these claims, particularly after the Native American Church exemption was enshrined in federal laws that made peyote a schedule-one drug. Federal law made exceptions for the Native American Church only so long as those enjoying the exemption were also at least one-quarter Indian by blood. We see here, then, the role that the state’s obsession with race played in ensuring that Native American Church chapters became exclusively indigenous churches, reshaping the Native American Church in the process.

scholarly journals Building bridges in the post-Trump era: can conservation scientists help recover bipartisan support for U.S. environmental protection?

2020 ◽  
Author(s):  
David Kurz ◽  
Arthur D. Middleton ◽  
Melissa Chapman ◽  
Kyle Schuyler Van Houtan ◽  
Christine Wilkinson ◽  
...  
Keyword(s):  
United States ◽  
Environmental Protection ◽  
Environmental Science ◽  
Oil And Gas ◽  
Critical Role ◽  
The United States ◽  
Environmental Conservation ◽  
Political Polarization ◽  
Policy Action ◽  
The U.S

Nearly three-fourths of U.S. citizens support strong environmental protection, yet the U.S. Congress has passed little momentous environmental legislation since 1980. This dearth of new bipartisan environmental policy has coincided with increasing political polarization, which has risen to historic levels in the United States. Though broadly supported by the U.S. public, environmental protection has wavered as the Trump administration has left the Paris Climate Agreement, lifted oil and gas regulations, and deprioritized endangered species conservation. This discordance between U.S. public opinion and policy action leads us to ask: How did environmental conservation become so polarized, and how can the U.S. environmental movement recover broad bipartisan support? As conservation scientists in academia, we believe our community has contributed to the partisan breakdown over the environment. We also believe that scientists have a critical role to play in bridging this divide. In this essay, we consider how “the environment” has become a political wedge issue in the United States and identify opportunities for conservation scientists to: (a) better respond to public needs and values; and (b) build support for bipartisan conservation policies through greater proximity with local communities, re-structured academic advancement policies, and 21st century approaches to training environmental science students.

The Legal Framework

2020 ◽  
pp. 3-54
Author(s):  
David M. Corey ◽  
Mark Zelig
Keyword(s):  
United States ◽  
Case Law ◽  
The United States ◽  
Legal Framework ◽  
Federal Mandates ◽  
Legal Requirements ◽  
Psychological Practice ◽  
Federal Laws ◽  
Assessment Procedures ◽  
Laws And Regulations

This chapter contains an overview of the legal framework, doctrines, and statutes that have a controlling influence on how police suitability and fitness evaluations are conducted in the United States. In a discussion that is rich in easily understood case law and engaging and practical detail, the authors orient the reader to the major federal laws and regulations governing these evaluations and to how the evaluations’ quality and defensibility can be optimized by compliance with the legal requirements. Emphasizing that psychological practice in the employment context is highly regulated by both federal mandates and local rules, the authors provide several examples of assessment procedures that are well accepted when providing healthcare but are illegal when deployed in the employment arena.

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