Federal & State Laws


Federal OPA


Responsible Parties


Nature of Liability


Statutory Defenses (*See note)


shipowner, operator, demise charterer, possibly cargo owner


strict, joint and several


usual defences, but strict conditions


Cleanup Costs


Recoverable Damage & Limitation NRD


Property Damage & Consequential Loss


Pure Economic Loss


double hull tanker of 3000gt or less: greater of $4,272,000 or $2000/gt; double hull tanker more than 3000gt: greater of $17,088,000 or $2000/gt; single hull but double sides tanker of 3000gt or less: greater of $6,408,000 or $3200/gt; single hull but double sides tanker more than 3000gt: greater of $23,496,000 or $3200/gt; non tank vessels: greater of $854,400 or $100/gt


Alabama


shipowner, operator, demise charterer, possibly cargo owner


wrongful act, omission or negli- gence (punitive and compensatory damages allowed in case of willful or wanton conduct; compensatory alone in case of negligence or act of omission)


Alaska


cargo owner or person having control over oil; ship-owner, operator, bailee/ carrier of oil, person disposing of oil, person accepting oil


American Samoa California shipowner, operator


cargo owner, transporter of oil, person accepting responsibility for the oil; shipowner, operator, demise charterer, charterer (lessee), person accepting responsibility for the vessel


Connecticut


person directly or indirectly causes pollution


strict, joint and several not applicable unlimited


unlimited (for costs of restoration only)


no recoverability no recoverability


Test for Breaking Right of Limitation


gross negligence or wilful misconduct; failure to report a spill or to co-operate in spill response; failure to comply with USCG order


not applicable


usual defences, but strict conditions


unlimited


not applicable


no specific provisions strict, joint and several


none


usual defenses under strict conditions (no defenses for government’s removal costs)


no specific provisions unlimited not applicable


strict, joint


none


Cleanup costs: 1.5 x costs and expenses (negligence); 2 x costs and expenses (wil- lful misconduct); admin- istrative cost of 10% of actual cost plus interest


Delaware shipowner, operator strict, joint and several usual defenses


unlimited but “damage” not clearly defined


not applicable


tanker: $300/gt up to $30m other vessel: $150/gt


gross negligence or wilful misconduct within privity and knowledge; gross or wilful violation


Florida


shipowner, operator, demise charterer; cargo owner, if shipowner fails to pay


strict, joint and several


usual defenses but strict conditions


vessel of 3,000gt or less carrying pollutant as cargo: greater of $2 million or $1,200/gt; vessels more than 3,000gt carrying poll- utant as cargo: greater of $10 million or $1,200/gt; other vessels: greater of $500,000 or $600/gt


Revised as of June 2011 (for further updates see website www.ukpandi.com)


compensation schedule based on volume of spill and other factors


unlimited (for anyone who can demonstrate damage as direct result of the spill)


no recoverability


gross negligence or wilful misconduct within privity; failure to report a spill or to cooperate in spill response


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