OPA 90

The Donaldson Report has been published and we are entitled to ask 'where do we go from here?' The majority of the shipping world, recognizing the international nature of the business moves by consensus such that rules applicable in Europe are also applicable in, say, Asia or South America. By its very nature this method takes time to bring rules into effect. By contrast the United Stated of America takes the unilateral approach to transport regulations and because it is such an important trading nation, particularly with regard to shipping, those wishing to participate in the trade must comply with the U.S. rules. One such example is the Oil Pollution Act of 1990 (OPA 90) passed just four year ago. The shipping industry in general and the tanker industry in particular has had to adapt if it wishes to trade within the United States' navigable waters, adjoining shorelines, or the exclusive economic zone (200 miles). This paper looks at those sections of the Act that, from the standpoint of the tanker industry, have had the biggest impact when trading to the United States. We therefore look at how OPA 90 addresses the issues of prevention, clean up and who will pay?