The Oil Pollution Act

The Oil Pollution Act of 1990 (OPA) was implemented in response to the Exxon Valdez disaster. It created a comprehensive prevention, response, liability, and compensation regime to deal with vessel- and facility-caused oil pollution to U.S. navigable waters. The oil rig explosion lawyers at our firm have represented hundreds of people negatively impacted by such incidents, and our knowledge of OPA liability provisions and other applicable laws has allowed us to obtain the greatest possible compensation for our clients.

Under federal law, all of the owners or other parties responsible for a vessel or a facility which causes an oil spill are liable for the removal costs and damages caused by the spill. Federal law also provides for liability of third parties if it is shown that the act or omission on the part of the third party caused an oil spill.

Under federal law, individuals can make the following oil spill damage claims:

Property Damage: Injury to or economic loss resulting from destruction of real property (land or buildings) or other personal property. Property damage claims can be made by people or entities that own or lease the damaged property. The costs of removing oil from your own property can also be included in property damage claims. Boat damage is included as a subset of property damage.

Loss of Profit and Earnings Capacity: Damages equal to the loss of profits or impairment of earning capacity due to the injury, destruction, or loss of property or natural resources. Anyone with loss of profits or income may make such a claim. You do not have to own the damaged property or resources to submit a claim under this category.

Loss of Subsistence Use of Natural Resources: These claims may be filed by individuals if natural resources you depend on for subsistence use purposes have been injured, destroyed, or lost by an oil spill incident. Again, you do not have to own or manage the natural resource to submit a claim under this category.