Federal & State Laws
New York
Responsible Parties
Nature of Liability
Statutory Defenses (*See note)
shipowner, operator, demise charterer
strict
usual defences but strict conditions
Cleanup Costs
Recoverable Damage & Limitation NRD
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; other vessel subject to OPA90: greater of $500,000 or $600/gt; other vessel not subject to OPA90: $300/gt
unlimited North Carolina
shipowner, operator, demise charterer
strict, joint and several usual defences
State cleanup costs cannot exceed OPA90 limits.
damages equal to cost of all reason- able and necessary investigations and to restock/replenish fish and wildlife.
Oregon Pennsylvania
Puerto Rico Rhode Island South Carolina
shipowner, operator, demise charterer, carrier, cargo owner
shipowner, operator, demise charterer
person responsible for discharge shipowner, operator
shipowner, operator, demise charterer, person causing the discharge
Texas
shipowner, operator, other person who causes, allows, or permits discharge
strict
public nuisance strict
strict for state claims; negligence or intentional for private claims strict
strict usual defences unlimited no specific provisions
none usual defences
no specific provisions
unlimited unlimited
unlimited
unlimited (for costs of restoration only)
no recoverability
unlimited (negligence required)
no recoverability
not applicable not applicable
value of fish or wildlife and all costs for restoration.
unlimited (for property damage only)
no recoverability
Property Damage & Consequential Loss
Pure Economic Loss
Test for Breaking Right of Limitation
gross negligence or wilful misconduct within privity and knowledge, gross or wilful violation of safety, construct- ion or operating rule; failure to report a spill; failure to cooperate in spill response
no specific provisions
unlimited (for property damage only)
no recoverability
not applicable
usual defences but strict conditions
$1m for vsl <300gt that do not carry oil; $5m for vsl < 8000gt; $600/gt not exceeding $50m for vsl > 8000gt
tanker of 3,000gt or less: greater of $2 million or $1,200/gt; tanker > than 3,000gt: greater of $10 million or $1,200/gt; dry cargo ship: greater of $500,000 or $600/gt
Virgin Islands Virginia
shipowner, operator
shipowner, operator, charter, other person who otherwise exercises control over vessel
strict strict
usual defences
usual defences but strict conditions
unlimited unlimited
no recoverability
gross negligence or wilful misconduct; failure to cooperate in spill response
unlimited (for "other damage") greater of 10m or $500/gt
no recoverability no recoverability Washington
person owning oil or having control over oil
strict usual defences unlimited unlimited
unlimited unlimited
not applicable
gross negligence or wilful misconduct; violation of safety, construction or operating rules; failure to report a spill, to cooperate in spill response, to cleanup
not < than $1 nor > than $100 per gallon of oil spilled per compensation schedule
Revised as of June 2011 (for further updates see website
www.ukpandi.com) no specific provisions
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