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ARTICLE · 27 JUNE 2022

The Oil Pollution Act Of 1990: A History & Recent Developments

In 1851, the Limitation of Liability Act was passed in the U.S., which (among other things) applied to oil spills from vessels. Vessel owners were liable for incident-related costs only up to...

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In 1851, the Limitation of Liability Act was passed in the U.S., which (among other things) applied to oil spills from vessels. Vessel owners were liable for incident-related costs only up to the post-incident value of the vessel. In 1924, Congress passed the first Oil Pollution Act, expanding vessel owner liability for intentional/deliberate discharges. Two very infamous and world-shocking incidents later evidenced the issues with this limited oil spill liability.

First, in 1967, the supertanker SS Torrey Canyon ran aground on the Seven Stones reef, spilling over 100,000 tons of crude oil into the English Channel. The vessel was, at the time, owned by a subsidiary of Union Oil Company, but Liberian-flagged and chartered out to British Petroleum. She was destroyed, and the owner's liability for the incident was limited to $5.00 – the value of the lone remaining lifeboat. In the 1960s and 1970s, this led to an international push for more regulation, leading to

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