The Oil Pollution Act of 1990 Year Drafted: 1989 Year Amended: 1990 National Act Lawrence Jiang Period 1
Function: It established a federal liability system for all spills; it developed a trust fund to assist in the cost of spill clean ups; it reinforced penalties against spills; and it required companies to create spill-scenario plans before being allowed to operate. Environmental Issues Affected: The Oil Pollution Act of 1990 streamlined and strengthened EPA's ability to prevent and respond to catastrophic oil spills. The law also prohibits any vessel that, after March 22, 1989, has caused an oil spill of more than one million gallons in any marine area, from operating in Prince William Sound, which was severely affected by the Exxon Valdez oil spill in 1989.
Agency/Group Responsible for Regulation and Enforcement The Oil Pollution Act of 1990 was almost unanimously passed by Congress in a vote of 375 to 5. As regulated in Gibbons v. Ogden (1824), Congress has the sole authority to regulate navigable waters. A company cannot legally operate until their plans have been approved by the Environment Protection Agency, the Coast Guard, and even the U.S. President. The OPA does not replace state oil spill laws; states are able to enact stricter laws in addition to the federal regulations put in place by the OPA.