Liability, Compensation, and Financial Responsibility Under the Oil Pollution Act of 1990: A Review of the Second Decade

Larry Kiern, a partner in Winston & Strawn’s Washington, D.C. office who concentrates his practice on Maritime & Admiralty Law, has published his second analysis of key aspects of the Oil Pollution Act of 1990 (OPA90) for the Tulane Maritime Law Journal entitled “Liability, Compensation, and Financial Responsibility Under the Oil Pollution Act of 1990: A Review of the Second Decade.”

The article analyzes key OPA90 developments during the past decade. It traces legislative changes to the statute and more recent proposals to amend the law following the Deepwater Horizon oil spill in the Gulf of Mexico. Additionally, the article reviews important judicial decisions which apply the law in diverse respects, including jurisdiction, procedure, third-party liability, preemption, damages, and claims against the Oil Spill Liability Trust Fund. The analysis concludes that the statute has failed to perform as promised and identifies important areas for reform.     

Mr. Kiern previously published a review of OPA90’s first decade entitled, “Liability, Compensation, and Financial Responsibility Under the Oil Pollution Act of 1990: A Review of the First Decade,” for Tulane Maritime Law Journal in Spring of 2000. Together, these articles provide a comprehensive review of the liability, compensation, and financial responsibility aspects of the law.