Introduction

On August 18, 1990, President George H.W. Bush signed into law the Oil Pollution Act of 1990 (OPA-90)1 signaling the adoption of a new legal regime governing oil spill liability, response and compensation. Prior to OPA-90, US law regarding water pollution was often described as a “patchwork” of overlapping statutes and common law remedies on both the federal and state levels. OPA-90 represents an attempt to bring uniformity to the federal scheme by establishing a comprehensive system of liability, prevention and response to oil spills. It does not, however, completely repeal existing laws, but rather supplements and amends the previous statutory framework relating to oil pollution. Prior federal legislation therefore remains in effect except where specifically amended or repealed by OPA-90. In addition, prior case law interpreting pre-OPA statutes, in particular the Clean Water Act, continues to have relevance to issues like causation and third-party fault in the absence of established judicial precedent construing OPA-90’s provisions. The reader may therefore wish to refer to the discussion of the previous statutory framework relating to oil pollution in for a broader perspective on the scope and effect of OPA-90.