Federal common law and ocean pollution: a private remedy for oil pollution damage
The history of oil-spill pollution cases is outlined and present legal systems for compensating private persons suffering loss are shown to be inadequate. A review of available state, national, and international systems points out gaps and suggests the possibility of Federal common law to fill those gaps. The courts can focus on whether federal statutes should protect coastal waters from oil pollution and whether uniform rules should be applied as a basis for new legislation. The case can be made for a uniform common law on the grounds that separate state policies could hinder U.S. compliance with international laws and interfere with the need for a uniform decision mechanism in cases of pollution. Compensation to private individuals is logical in cases of economic damage to fishermen and other commercial property owners; but not logical as a private nuisance. 257 footnotes and references.
- Research Organization:
- Lewis and Clark Law School, Portland, OR
- OSTI ID:
- 7037168
- Journal Information:
- Environ. Law; (United States), Vol. 8:1
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
POLICY AND ECONOMY
54 ENVIRONMENTAL SCIENCES
02 PETROLEUM
OIL SPILLS
LEGAL ASPECTS
WATER POLLUTION
COASTAL WATERS
COMMERCIAL SECTOR
COURTS
ECONOMIC IMPACT
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL POLICY
FISHING INDUSTRY
GOVERNMENT POLICIES
INTERNATIONAL LAWS
LAWS
LAWSUITS
LIABILITIES
POLLUTION REGULATIONS
SEAS
STATE GOVERNMENT
INDUSTRY
POLLUTION
REGULATIONS
SURFACE WATERS
290300* - Energy Planning & Policy- Environment
Health
& Safety
293000 - Energy Planning & Policy- Policy
Legislation
& Regulation
520600 - Environment
Aquatic- Regulations - (-1989)
294002 - Energy Planning & Policy- Petroleum
020900 - Petroleum- Environmental Aspects