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Title: Legal overview of oil spill cleanup operations

Conference · · Am. Pet. Inst., Publ.; (United States)
OSTI ID:6631067

A discussion showed that action must be taken to clean up an oil spill. If an owner or operator from whose facility or vessel the oil flows does not act, the U.S. Government will act to clean it up. A problem arises when the owner or operator sees oil on water but does not know the source of the oil. If the operator cleans up the spill and the oil is not from his facility, he may not be able to recover his costs. In order to encourage a national policy of cleaning up oil spills, the law should find an implied promise by the person causing a spill to pay a reasonable amount to the person cleaning up the spill. The spiller has taken no action, other than allowing the spill to occur, to indicate that he wants the spill cleaned up. However, if national policy is strong enough in the law that spills should be cleaned up, that may be sufficient. The discussion also covers oil spill cooperatives, e.g., the Petroleum Industry Coastal Cooperative; the reliance placed on cooperatives; the legal risks when cooperatives are used; the powers of the U.S. Government as a combined government-landlord for promoting oil spill cleanup; and the obligations of the owner-operator and lessee when an oil spill occurs.

Research Organization:
Shell Oil Co.
OSTI ID:
6631067
Report Number(s):
CONF-7903164-
Journal Information:
Am. Pet. Inst., Publ.; (United States), Vol. 4308; Conference: Oil spill conference: prevention, behavior, control, cleanup, Los Angeles, CA, USA, 19 Mar 1979
Country of Publication:
United States
Language:
English