The Oil Spill Liability Trust Fund: How Effective an Instrument of U.S. Public Policy Has It Been?1

1999 ◽  
Vol 1999 (1) ◽  
pp. 655-658
Author(s):  
Daniel F. Sheehan
Keyword(s):  
Oil Spill ◽  
Oil Pollution ◽  
The United States ◽  
Time Frame ◽  
Trust Fund ◽  
International Regime ◽  
Exxon Valdez ◽  
The Public ◽  
International Liability ◽  
The Impact

ABSTRACT The Oil Spill Liability Trust Fund (OSLTF) was forged in the legislative cauldron of the aftermath of the Exxon Valdez casualty. However, its genesis really began with Congressional consideration and debate concerning whether to adopt an international liability and compensation regime or improve the unilateral system unique to the United States. The Oil Pollution Act of 1990 significantly expanded the scope of the unique U.S. mechanism, while at the same time it urged the Administration to continue to examine the possibilities of becoming party to an international regime. Ten years after the Exxon Valdez casualty provides a convenient and appropriate time frame for reflection on how well the public has been served by the establishment and implementation of the regime of which the OSLTF is a major element. The impact on various publics served and stakeholders impacted will be analyzed and evaluated. While there are clearly differences in scope, application, and funding mechanisms between the U.S. and international regime, there are substantial similarities in terms of process, administration, areas of concern and interest.

scholarly journals United States and Canada Transboundary Oil Spill Liability and Compensation Regimes: An Overview

2021 ◽  
Vol 2021 (1) ◽  
Author(s):  
Helkei S. Hemminger
Keyword(s):  
United States ◽  
Natural Resources ◽  
Oil Spill ◽  
Oil Pollution ◽  
The United States ◽  
Coast Guard ◽  
Marine Habitat ◽  
Inland Waterways ◽  
Funding Sources ◽  
The Impact

Abstract # —1141278 — In 2018, the Canadian government purchased the Trans Mountain pipeline, running from Alberta to British Columbia, along with the plans for expansion. The expansion could triple the transport capacity from 300,000 to 890,000 barrels of oil per day, and would increase the tanker traffic in the inland waterways of the Salish Sea, an area known for its sensitive marine habitat, and narrow, difficult to navigate passages. The anticipated increase in tanker traffic in this busy waterway continues to raise concerns about the impact of an oil spill and the financial means to address related injuries, particularly to natural resources. The transboundary nature of any spill further complicates the situation vis-à-vis the applicable liability regimes and response resources. Under the Canada-United States Joint Marine Contingency Plan (“JCP”), the United States Coast Guard and Canadian Coast Guard acknowledge each country's responsibility to fund their own response actions and pursue reimbursement of those costs within their respective jurisdictions. The availability of funding for a response, and to compensate injured parties, however, including the limits of liability of the responsible party, differs under each regime, and could impact the nature and scope of a response. For spills into or posing a substantial threat to the navigable waters of the United States, the Oil Pollution Act of 1990 governs and a national fund, the Oil Spill Liability Trust Fund (“OSLTF”), is immediately available to address an incident, including emergency restoration to natural resources. Canada's Marine Liability Act enables the Ship-source Oil Pollution Fund (“SOPF”) to pay claimants who have incurred damages as a result of oil pollution. Both countries' funds operate under the same principal—the polluter pays—but the compensation structure, and claims processes and procedures are entirely different. This paper provides an overview of these funding sources and claims procedures, comparing and contrasting the different systems. The discussion is meant to provide an overall understanding of potential funding pools available for spill responses under each scheme in order to facilitate transboundary spill planning and discussion.

The International Oil Pollution Compensation Funds 1971 and 1992

1999 ◽  
Vol 1999 (1) ◽  
pp. 659-663
Author(s):  
Måns Jacobsson
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
International System ◽  
International Treaties ◽  
Trust Fund ◽  
International Regime ◽  
The United Kingdom ◽  
Pollution Damage ◽  
Scope Of Application

ABSTRACT The international system for compensating victims of oil pollution damage caused by oil spills from tankers is based on two international treaties adopted as a result of the Torrey Canyon incident which occurred in 1967 off the south coast of the United Kingdom, namely the 1969 Civil Liability Convention and the 1971 Fund Convention. These Conventions have been amended by Protocols in 1992, resulting in two new Conventions (the 1992 Conventions). The International Oil Pollution Compensation Funds 1971 and 1992 administer the system of compensation created by the Fund Conventions. Over 80 nations are members of the Funds. In the light of the experience gained in recent years from incidents involving the Funds, it would be appropriate to consider whether the objectives of establishing the international regime have been fulfilled and whether the international regime has given adequate protection to victims of oil pollution damage. The paper also makes comparison between the international regime and the regime created under OPA 90. While there are differences between the two regimes as regards scope of application, funding, and approach in various aspects, there are significant similarities in respect of administration and claims handling. Some of the differences are due to the fact that the Oil Spill Liability Trust Fund works within one nation, whereas the International Oil Pollution Compensation Funds operate worldwide.

The Oil Spill Response Fund – Four Decades of Success

2014 ◽  
Vol 2014 (1) ◽  
pp. 2146-2158
Author(s):  
Allen R. Thuring
Keyword(s):  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
The United States ◽  
Coast Guard ◽  
Trust Fund ◽  
Us Economy ◽  
The Us ◽  
Response Team ◽  
Oil Spill Response

ABSTRACT This paper examines the oil pollution response fund created by Section 311(k) of the 1972 CWA and then modified, culminating with the Oil Spill Liability Trust Fund (OSLTF) established by OPA. Could the CWA have been successful absent the provision for a federal fund? This Fund is now four decades old. Has it passed the “test of time”? Did it meet the goals set at its birth? Is it still relevant? Should it continue? CWA Section 311 and later OPA created a range of response tools to deal with oil and hazmat spills on the waters of the US. They established a public/private solution to spill response. Key components:An expectation that the spiller was responsible and liable to clean up the spill;The National Contingency Plan and the Federal On-Scene Coordinator/FOSC;Establishing expertise on “special teams”: the CG's National Strike Force and EPA's Emergency Response Team;An up-front trust fund available only to the FOSC that pays for removals if the responsible party (RP) does not step forward. The fund exists to:Pre-empt the RP from using delay as a response option, despite the law.Give the FOSC money to quickly hire private response companies, if the RP does not act or if the spill's origin is a mystery. Equally important, the CWA and OPA did NOT designate a government agency to “clean up” oil spills. Rather, the law envisioned private companies performing that role, paid for by the spillers/RP or the 311(k)/OSLTF Fund, under the oversight of the USCG or the EPA. It tasked the USCG with managing this Fund. The Fund achieved its results. The US has a robust private oil spill removal sector that responsible parties hire when needed. If an RP does not act, the CG and EPA FOSCs use the Fund to mobilize those same companies to remove oil spills on US waters. The US economy has grown, as has the number of oil spills reported. Cases each year requiring Fund use have not increased proportionally. Responsible parties continue to clean up their spills, as the CWA envisioned. The Fund retains its ability to respond simultaneously to major spills, even during Exxon Valdez and Deepwater Horizon. In forty two years, the Fund has always been available for an FOSC directed removal. The opinions stated in this paper are the author's alone, and do not reflect the official policies of the United States Coast Guard.

Oil spill preparedness and response—has the paradigm changed?

2011 ◽  
Vol 51 (2) ◽  
pp. 720
Author(s):  
Declan O'Driscoll
Keyword(s):  
Gulf Of Mexico ◽  
Oil Spill ◽  
Oil Spills ◽  
Oil Pollution ◽  
Oil Industry ◽  
The United States ◽  
Exxon Valdez ◽  
The World ◽  
The Future ◽  
The Way

Will 2010 in the future be seen as a year that marked the transformation of the approach by the oil industry to the way it manages the preparedness and response to major oil spills similar to the effect of the Exxon Valdez in 1989? The Exxon Valdez spilled 37,000 tons of crude oil in the Prince William Sound in Alaska. The spill had a profound impact on the local environment and the livelihoods of the local communities. The scale and impact of the incident led to significant regulatory changes in the United States with the introduction of the OPA 90 Act and, internationally, with the ratification and implementation of the International Convention on Oil Pollution Preparedness, Response and Cooperation (known as the OPRC Convention). The oil industry has since then undertaken many initiatives both on its own and in co-operation with governments across the world to reduce the occurrence and impact of oil spills. The positive aspect of this has been a major reduction in the number of major marine oil spills matched by increasing awareness and attention to minor oil spills. In recent years, meeting the growing demand for oil in both the developed and developing countries has led to exploration and production in ever more remote and deeper waters around the world. Has the industry adapted appropriately to the challenges of preparedness and response in these areas? The recent tragic loss of the Deepwater Horizon in the Gulf of Mexico and subsequent massive and extended oil spill raises serious questions for both industry and government. This presentation will give an overview of the developments in the approach to oil spill preparedness and response since the Exxon Valdez, the challenges the industry and government face in the region and how the oil spill in the Gulf of Mexico may change the way we manage preparedness and response in the future.

scholarly journals Safeguarding the Public Interest: A Look At Government Policies That Affect the Opa 90 Oil Spill Liability Trust Fund and Oil Spill Costs1

1999 ◽  
Vol 1999 (1) ◽  
pp. 725-729 ◽  
Author(s):  
Michael de Bettencourt ◽  
Gary Merrick ◽  
Timothy Deal ◽  
Bob Travis
Keyword(s):  
Oil Spill ◽  
Oil Pollution ◽  
The United States ◽  
Coast Guard ◽  
Government Policies ◽  
Trust Fund ◽  
Best Response ◽  
The Government ◽  
Measurement And Evaluation ◽  
Oil Spill Cleanup

ABSTRACT U.S. government policies concerning the management of the Oil Pollution Act of 1990 (OPA 90) may be responsible for increased costs of oil spill cleanup in the United States. By not requiring measures of effectiveness and efficiency, and by enforcing policies that are disincentives to cost control, the government may be encouraging increased oil spill removal costs. The costs of an oil spill have increased substantially since the enactment of OPA 90, this despite improved spill response techniques and contingency planning. Rising costs have been attributed to:The government's acute sensitivity to public concerns about spill cleanupThe increased costs of natural resource damageThe inefficiency of spill response management This paper discusses the steps necessary to curb rising cleanup costs by changing policies relative to the management of the Oil Spill Liability Trust Fund OSLTF and by instituting measurements of spill response efficacy. Section I of the paper describes the current state of OPA 90 and the OSLTF. Section II outlines measurement and evaluation of oil spill responses using a Best Response model currently being developed by the U.S. Coast Guard. Section III describes several disincentives currently in place under policies of the OSLTF managers that have an effect on allowing increased costs for oil spill response.

THE INSTITUTIONAL EFFECTS OF LEADERSHIP: THE UNITED STATES GENERAL ACCOUNTING OFFICE AND ITS AUDIT REPORT REVIEW PROCESS

1994 ◽  
Vol 21 (1) ◽  
pp. 255-273 ◽  
Author(s):  
Onker N. Basu
Keyword(s):  
United States ◽  
Review Process ◽  
Field Research ◽  
The United States ◽  
Organizational Leaders ◽  
Audit Report ◽  
The Public ◽  
General Accounting Office ◽  
Audit Team ◽  
The Impact

In accounting research, the role of organizational leaders has been underrepresented. The limited research dealing with leadership issues has focused on the impact of leadership on micro activities such as performance evaluation, budget satisfaction, and audit team performance. The impact of leadership on the structure of accounting and audit systems and organizations has been ignored. This paper focuses on the impact that past Comptrollers General have had on the working and structure of one federal audit agency, the United States General Accounting Office (GAO). In addition, it also focuses on the influence of the two most recent Comptrollers General on one important audit related activity, i.e., the audit report review process. Using qualitative field research methods, this paper documents how the organizational leadership impacts its long-term audit practices and thereby influences auditing, especially in the public sector.

scholarly journals Assessing the Risk of Democratic Reversal in the United States: A Reply to Kurt Weyland

2021 ◽  
pp. 1-6
Author(s):  
Matias López ◽  
Juan Pablo Luna
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
Boolean Algebra ◽  
Qualitative Comparative Analysis ◽  
The United States ◽  
American Democracy ◽  
Institutional Dynamics ◽  
The Public ◽  
Original Analysis ◽  
The Impact

ABSTRACT By replying to Kurt Weyland’s (2020) comparative study of populism, we revisit optimistic perspectives on the health of American democracy in light of existing evidence. Relying on a set-theoretical approach, Weyland concludes that populists succeed in subverting democracy only when institutional weakness and conjunctural misfortune are observed jointly in a polity, thereby conferring on the United States immunity to democratic reversal. We challenge this conclusion on two grounds. First, we argue that the focus on institutional dynamics neglects the impact of the structural conditions in which institutions are embedded, such as inequality, racial cleavages, and changing political attitudes among the public. Second, we claim that endogeneity, coding errors, and the (mis)use of Boolean algebra raise questions about the accuracy of the analysis and its conclusions. Although we are skeptical of crisp-set Qualitative Comparative Analysis as an adequate modeling choice, we replicate the original analysis and find that the paths toward democratic backsliding and continuity are both potentially compatible with the United States.

Reexamining COVID-19 Self-Reported Symptom Tracking Programs in the United States: An Updated Framework Synthesis (Preprint)

2021 ◽  
Author(s):  
Miranda Lynn Janvrin ◽  
Jessica Korona-Bailey ◽  
Tracey Pérez Koehlmoos
Keyword(s):  
The United States ◽  
Time Frame ◽  
Vaccine Hesitancy ◽  
Demographic Information ◽  
Common Data Elements ◽  
Intended Audience ◽  
The Public ◽  
Pandemic Response ◽  
Data Elements ◽  
Google Search

BACKGROUND Early in the pandemic Koehlmoos et al (2020) completed a framework synthesis of currently available self-reported symptom tracking programs for COVID19. This framework described the programs, partners/affiliates, funding, responses, platform, and intended audience, among other considerations. OBJECTIVE This current study seeks to update the existing framework with the aim of identifying developments in the landscape and highlighting how programs have adapted to changes in pandemic response. METHODS Our team developed a framework to collate information on current COVD19 self-reported symptom tracking programs using the best-framework method. All programs from the previous article were included to document changes. New programs were discovered using a Google search for keywords. The time frame for the search for programs ranges from March 1, 2021, to May 6, 2021. RESULTS We screened 33 programs; 8 were included in our final framework synthesis. We identified multiple common data elements, including demographic information like race, age, gender, and affiliation (all were associated with universities, medical schools, or schools of public health). Dissimilarities included questions regarding vaccination status, vaccine hesitancy, social distancing adherence, testing, and mental health. CONCLUSIONS At this time, the future of self-reported symptom tracking for COVID-19 is unclear. Some sources have speculated that COVID-19 may become a yearly occurrence much like the flu, and if so, the data that these programs generate is still valuable. However, it is unclear if the public will maintain the same level of interest in reporting their symptoms on a regular basis if the COVID19 becomes more routine.

scholarly journals The Impact of Experience with a Family Member with Alzheimer’s Disease on Views about the Disease across Five Countries

2012 ◽  
Vol 2012 ◽  
pp. 1-9 ◽  
Author(s):  
Robert J. Blendon ◽  
John M. Benson ◽  
Elizabeth M. Wikler ◽  
Kathleen J. Weldon ◽  
Jean Georges ◽  
...  
Keyword(s):  
Alzheimer’S Disease ◽  
Alzheimer's Disease ◽  
Family Member ◽  
Public Spending ◽  
The United States ◽  
Direct Experience ◽  
Fatal Disease ◽  
The Public ◽  
Educational Campaigns ◽  
The Impact

The objective of this paper is to understand how the public’s beliefs in five countries may change as more families have direct experience with Alzheimer’s disease. The data are derived from a questionnaire survey conducted by telephone (landline and cell) with 2678 randomly selected adults in France, Germany, Poland, Spain, and the United States. The paper analyzes the beliefs and anticipated behavior of those in each country who report having had a family member with Alzheimer’s disease versus those who do not. In one or more countries, differences were found between the two groups in their concern about getting Alzheimer’s disease, knowledge that the disease is fatal, awareness of certain symptoms, and support for increased public spending. The results suggest that as more people have experience with a family member who has Alzheimer’s disease, the public will generally become more concerned about Alzheimer’s disease and more likely to recognize that Alzheimer’s disease is a fatal disease. The findings suggest that other beliefs may only be affected if there are future major educational campaigns about the disease. The publics in individual countries, with differing cultures and health systems, are likely to respond in different ways as more families have experience with Alzheimer’s disease.

scholarly journals The 1949 sterling crisis and British policy towards European integration

1985 ◽  
Vol 11 (3) ◽  
pp. 169-182 ◽  
Author(s):  
Scott Newton
Keyword(s):  
Western Europe ◽  
The United States ◽  
Marshall Plan ◽  
Public Records ◽  
The Public ◽  
The United Kingdom ◽  
Anglo American ◽  
Post War ◽  
The Impact

Most commentators on the 1949 sterling crisis have viewed it as an episode with implications merely for the management of the British economy. This paper, based on the public records now available, discusses the impact of the crisis on British economic foreign policy. In particular it suggests that the crisis revealed deep Anglo-American differences, centring on the nature of the Marshall Plan, on the international value of the sterling area, and on the proper relationship between the United Kingdom and Western Europe, Ultimately the British succeeded in resolving these disagreements: but this triumph ironically implied both the defeat of British aims in post-war European reconstruction and a long term delusion that great power status could be maintained on the basis of a special relationship-with the United States.

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