Oil Pollution Liability: Hearing Before the Subcommittee on Coast Guard and Navigation of the Committee on Merchant Marine and Fisheries, House of Representatives, One Hundredth Congress, First Session on H.R. 1632, a Bill to Provide a Comprehensive System of Liability and Compensation for Oil Spill Damage and Removal Costs, and for Other Purposes

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Page 123 - THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, AS AMENDED BY THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986. THIS LEGISLATION COLLECTIVELY IS REFERRED TO AS "CERCLA.
Page 95 - ... (1) an act of God; (2) an act of war; (3) an act or omission of a third party other than an employee or agent of the defendant, or than one whose act or omission occurs in connection with a contractual relationship, existing directly or indirectly, with the defendant...
Page 72 - Any person, or any officer, director, or partner thereof, who fails to comply with any provision of this section shall be liable to the United States for a civil penalty of not more than $10,000 for each day during which such person is in violation of this section. Such penalty may be recovered in a civil action brought by the United States.
Page 130 - ... without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner in such vessel and her freight then pending.
Page 110 - Loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources, including loss of subsistence hunting, fishing and gathering opportunities.
Page 123 - ... the cost reasonably to be incurred by the sovereign or its designated agency to restore or rehabilitate the environment in the affected area to its preexisting condition, or as close thereto as is feasible without grossly disproportionate expenditures.
Page 115 - Except when the incident is caused primarily by willful misconduct or gross negligence, within the privity or knowledge of the owner or operator, or is caused primarily by a violation, within the privity or knowledge of the owner...
Page 96 - In the case of any action pursuant to this subsection such insurer or other person shall be entitled to invoke all rights and defenses which would have been available to the owner or operator if an action had been brought against him by the claimant, and which would have been available to him if an action had been brought against him by the owner or operator.
Page 131 - International Law In addition to national and state laws presently in effect, there also exists an international regime which has been developed under the auspices of the International Maritime Organization (IMO). Two treaties, the International Convention on Oil Pollution Damage, 1969 (CLC) and the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1971 (Fund) were agreed to in the aftermath of the 1967 Torrey Canyon spill off England's...
Page 159 - USC 9509), shall in any way affect, or be construed to affect, the authority of the United States or any State or political subdivision thereof (1) to impose additional liability or additional requirements; or (2) to impose, or to determine the amount of, any fine or penalty (whether criminal or civil in nature) for any violation of law; relating to the discharge, or substantial threat of a discharge, of oil.

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