Oil in the Sea III Inputs, Fates, and Effects (2003) / Chapter Skim
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Appendix K: Regulatory Framework
Appendix K: Regulatory Framework
Pages 255-258
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From page 255... ...
At the time of OPA's passage, the major issues confronting the Congress included the interplay of federal and state law on the subject, United States participation in international efforts to deal with oil spills, the continuing viability of the Shipowner's Limitation of Liability Act of 1851 (Limitation Act) , and the nature and extent of recoverable damages, particularly for injured natural resources and purely economic losses.
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From page 256... ...
However, state laws will be preempted in areas that do not relate specifically to the state's or local concerns and responsibilities. For example, while a state may impose additional or stricter regulations to protect their waterways from oil discharges, a state is not within its jurisdiction to regulate tanker design or vessel personnel qualification.
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From page 257... ...
The case law has also further defined recovery costs associated with a discharge to include incremental costs. That is, salaries may also be figured into recovery costs for the time during which government em257 ployees (e.g., Coast Guard, attorney's fees)
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From page 258... ...
2001. A primer for response to oil spills on gravel beaches.
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