Filling the Void: Local Control of Oil Spill Prevention Efforts

ABSTRACT This paper examines the implementation of OPA 90 in the context of its mandates to determine if the roles undertaken by federal, state and local entities have been effective in furthering marine environmental protection on the local level and makes recommendations for increasing pollution prevention. The analysis reveals that the federal government—through the work of the Coast Guard—has not been successful in implementing the pollution prevention provisions of OPA. This has resulted in some states exercising their authority under OPA to address issues of local concern as regards shipping and potential oil spills. Where States have stepped in to fill the void; they are often faced with industry and federal government opposition or recalcitrance. OPA's PWS RCAC provides a model for cooperative relationships between government, industry and the public to address local concerns. We conclude that the RCAC model should be extended to other regions of high volume shipping activity and that the GAO should undertake an investigation of the Coast Guard's Marine Environmental Protection and Compliance Programs for the purpose of identifying the obstacles to timely and effective implementation of OPA, and for developing a strategy for overcoming those obstacles.