Federal & State Laws


Georgia


Responsible Parties


Nature of Liability


Statutory Defenses (*See note)


shipowner, operator, demise charterer


intentional or negligent conduct not applicable


Cleanup Costs unlimited


Recoverable Damage & Limitation NRD


unlimited (for replacing damaged natural resources only)


Guam Hawaii


shipowner, operator, demise charterer


shipowner, operator, demise charterer, person disposing of oil, person accepting oil


Louisiana


shipowner, operator, demise charterer


no specific provisions strict none


usual defences but strict conditions


$700m no recoverability


Property Damage & Consequential Loss


Pure Economic Loss


no recoverability


Test for Breaking Right of Limitation


not applicable


no specific provisions $700m no recoverability no recoverability


not applicable unbreakable limit


strict


usual defences, but strict conditions


tanker of 3,000gt or less: greater of $2 million, or $1,200/gt; tanker of more than 3,000gt: greater of $10 million or $1,200/gt; dry cargo ship: greater of $500,000 or $600/gt


gross negligence or wilful misconduct; violation of safety, construction or operating rules; failure to report a spill; failure to cooperate in spill response


Maine


any person, vessel, licensee, agent or servant, including a carrier destined for or leaving a licensee's facility while within state waters, who permits or suffers a prohibited discharge or other polluting condition to take place


Maryland


person responsible for discharge, including owner, operator or person in charge of vessel.


Massachussetts


shipowner, operator, charterer, transporter, person who causes or is legally responsible for spill


Mississippi New Hampshire


shipowner, operator, demise charterer


person who directly or indirectly causes or suffers the discharge


New Jersey


person in any way responsible for the oil discharged


strict usual defences unlimited not applicable


strict, joint and several


none


unlimited


unlimited


unlimited for real or personal property damage directly caused by spill


strict, joint and several


usual defences but strict conditions


strict


strict for containment, cleanup, restoration and removal. negligence or intentional for property damage.


strict, joint and several none none unlimited unlimited unlimited


no recoverability no recoverability


not applicable


3x amount for shellfish and fishery resources


unlimited


2 x costs if wilfully fails to comply with any require- ment and unlimited


imited defences (an act or omission caused solely by war, sabotage, or God, or a combination thereof)


3x costs and removal if non-compliance with State directive; unlimited


no recoverability no recoverability no recoverability


1 1/2 times the damage


$150/gt (for costs of restoration only)


$150/gt no recoverability no recoverability


not applicable


not applicable not applicable


$150/gt


gross negligence or wilful misconduct within privity and knowledge; gross or wilful violation of safety, construct- ion or operating rule


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


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