Scope of OPA expanded. The US Foreign Spill Protection Act 2017.

 

On 12 December 2017 President Donald Trump signed into law the Foreign Spill Protection Act of 2017. This  amends the Oil Pollution Act of 1990 to make foreign facilities that are located offshore and outside the exclusive economic zone (EEZ) liable for removal costs and damages that result from oil spills that reach (or threaten to reach) U.S. navigable waters, adjoining shorelines, or the EEZ. Specifically, the following parties may be held liable: (1) the owners or operators of the foreign facilities, including facilities located in, on, or under any land within foreign countries; and (2) the holders of a right of use and easement granted under applicable foreign law for the area in which the facility is located. The Act extends to abandoned foreign facilities. The Act also expands the definition of  an “offshore facility” under the Clean Water Act so as to cover facilities seaward of the US EEZ. The expansion applies to the  subsections of s.311 of the Clean Water Act relating: to administrative and civil penalties for spills of oil and/or other hazardous substances; federal removal authority; civil enforcement ; the savings clause for existing state, local and federal law.

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