How The Exxon Valdez Disaster Led To The Oil Pollution Act

The Oil Pollution Act of 1990 was passed by the 101st United States Congress and signed by President George H. W. Bush on August 18, 1990. The Act was a response to the Exxon Valdez oil spill in 1989, which released nearly 11 million gallons of crude oil into the waters of Prince William Sound, affecting 1,300 miles of coastline and hundreds of thousands of animals. The Oil Pollution Act of 1990 aimed to streamline and strengthen the Environmental Protection Agency's (EPA) ability to prevent and respond to catastrophic oil spills, giving NOAA and other agencies improved authority for spill prevention, response, and restoration in the nation's navigable waters and shorelines.

The Torrey Canyon oil spill in 1967

The Torrey Canyon, a supertanker owned by the Barracuda Tanker Corporation, a subsidiary of the Union Oil Company of California, left Kuwait on February 19, 1967, with a full cargo of crude oil, destined for Milford Haven in Wales. On March 14, it reached the Canary Islands, and four days later, on March 18, a navigational error occurred. The tanker, lacking a scheduled route and proper charts, struck Pollard's Rock on the western end of the Seven Stones reef between Cornwall and the Isles of Scilly. This collision resulted in the release of over 100,000 tons (some sources state 25-36 million gallons) of crude oil into the English Channel, affecting hundreds of miles of coastline in Britain, France, Guernsey, and Spain.

The initial response to the spill was ineffective and controversial. Attempts to mitigate the damage included bombing the wreck and using detergents to break up the oil. However, these methods caused further ecological harm. The bombing continued for two days, with various aircraft dropping bombs, aviation fuel, kerosene, napalm, and missiles on the ship to ignite the oil. While the Torrey Canyon eventually sank, the use of detergents killed marine microorganisms and harmed the environment, lengthening the recovery process.

The spill had a devastating impact on marine life and the local economy. Beaches were left knee-deep in sludge, and thousands of seabirds were killed, with future populations of some species taking decades to recover. The pollution also disrupted sanitation services. The total cleanup costs reached $8 million, yet under traditional maritime law, the owners of the Torrey Canyon were held liable for only $50, reflecting the value of the ship's remaining lifeboat.

The scale and impact of the Torrey Canyon oil spill brought public attention to the potential loss of natural life and the need for better oil spill responses and tougher shipping safety regulations. It led to the establishment of the International Tanker Owners Pollution Federation (ITOPF), which provides emergency responses to spills worldwide. The disaster also influenced the phasing out of single-hull oil tankers in favor of double-hull designs, offering better protection against leaks.

The incident highlighted the limitations of existing legislation, such as the Oil Pollution Act of 1924, which only addressed deliberate discharges of oil. In the years following the Torrey Canyon spill, efforts were made to consolidate and strengthen oil pollution laws, culminating in the Oil Pollution Act of 1990. This act streamlined and strengthened the EPA's ability to prevent and respond to oil spills, enforced removal procedures, assigned liability for cleanup costs, and established a trust fund financed by a tax on oil to cover cleanup expenses.

The Santa Barbara oil spill in 1969

The Santa Barbara oil spill of 1969 was a disaster that occurred in the Santa Barbara Channel, off the coast of California. It is considered the first large oil spill in the history of the United States and the largest oil spill in California's waters, with an estimated 80,000 to 100,000 barrels of crude oil spilling into the channel and onto the beaches of Santa Barbara County. The spill had a devastating impact on the region's marine life, killing approximately 3,500 seabirds and other animals such as dolphins, sea lions, and elephant seals.

The incident began on January 28, 1969, when a blowout occurred on Union Oil's Platform A, situated about six miles from the coast in the Dos Cuadras Offshore Oil Field. Within ten days, a significant amount of oil had leaked through fissures in the underlying bedrock, polluting the channel and nearby beaches. The spill occurred between two large Pacific storms, which broke up the oil and caused it to scatter and sink more quickly than in many other oil spills.

The Santa Barbara oil spill received widespread media coverage and sparked public outrage across the United States. It gained national attention for its impact on the affluent and picturesque coastal community, with images of oil-soaked birds and once-idyllic beaches now despoiled with thick black crude oil. The spill brought the issue of oil pollution into the public spotlight and resulted in a significant public outcry.

The disaster prompted a strong response from local residents and activists. Students from the University of California, Santa Barbara, played a crucial role in documenting and raising awareness about the spill. Additionally, within the first week of the spill, local activists formed a grassroots group called Get Oil Out! (GOO!), advocating for an end to drilling in the Santa Barbara Channel. The public outcry and environmental concerns following the Santa Barbara oil spill led to the inaugural Earth Day celebration on April 22, 1970, and the creation of the U.S. Environmental Protection Agency in the same year.

The Santa Barbara oil spill also had significant economic consequences, particularly in 1969. All commercial fishing activities were suspended in the affected area, and tourism took a significant hit. Most ocean-related industries suffered, and property damage along the shoreline was substantial due to the storms washing oil beyond the normal high-tide line. The oil company, Union Oil, faced multiple class-action lawsuits from both governmental entities and private individuals, resulting in settlements that took several years to finalize.

The Exxon Valdez oil spill in 1989

The Exxon Valdez oil spill, which occurred on March 24, 1989, was a pivotal event that brought the issue of oil pollution to the forefront and influenced the creation of the Oil Pollution Act of 1990. Here is a detailed overview of the Exxon Valdez oil spill and its impact:

The Incident

On the night of March 23, 1989, the Exxon Valdez oil tanker departed from the Alyeska Pipeline in Prince William Sound, Alaska, carrying approximately 53 million gallons of crude oil. In the early hours of March 24th, the tanker veered off course and struck Bligh Reef, resulting in a catastrophic oil spill.

Environmental Impact

The Exxon Valdez oil spill released nearly 11 million gallons of crude oil into Prince William Sound, affecting 1,300 miles of coastline and adjacent waters. The spill had a devastating impact on marine wildlife, including the death of thousands of sea otters, harbor seals, bald eagles, and seabirds and fish populations. The long-term effects of the spill were also significant, with oil still present on many beaches surveyed twelve years later.

Response and Cleanup Efforts

The response to the spill involved thousands of workers and volunteers, and Exxon provided $2.1 billion in funding for cleanup efforts. However, the strong winds and waves in the area hindered containment, causing the oil to spread rapidly. The National Transportation Safety Board (NTSB) assigned the majority of the blame to Exxon, citing an incompetent and overworked crew, while also criticizing the U.S. Coast Guard for inadequate traffic regulation.

Legislative Impact

The Exxon Valdez oil spill was a key catalyst for the Oil Pollution Act of 1990. Introduced in the House of Representatives on March 16, 1989, the bill underwent amendments and revisions before being passed by both chambers of Congress in identical form on August 4, 1990. The Act strengthened the EPA's ability to prevent and respond to oil spills, enforced removal and cleanup measures, and established liability for costs and damages.

The need for a cohesive safety measure

The Oil Pollution Act of 1990 (OPA) was passed by the 101st United States Congress and signed into law by President George H. W. Bush. This legislation came about as a result of several oil spills, including the Exxon Valdez oil spill in 1989, which was the largest marine oil spill in recorded history at the time. The OPA aimed to prevent future oil spills and establish procedures for cleanup and emergency response.

Prior to the OPA, the U.S. struggled to deal with oil spills due to limited federal funding and a narrow scope of damages for compensation. The OPA addressed these shortcomings by increasing the government's oversight of maritime oil transportation and imposing liability on responsible parties for cleanup costs and damages. It also established a trust fund financed by a tax on oil to cover cleanup costs when the responsible party is unwilling or incapable of doing so.

The OPA strengthened the Environmental Protection Agency's (EPA) ability to prevent and respond to oil spills, making it a critical piece of environmental legislation. It gave the EPA and other agencies, such as NOAA, improved authority to address oil spills in U.S. waters and shorelines. The OPA also required oil storage facilities and vessels to submit plans to the Federal government detailing their response to large discharges.

In the following decades, there were attempts to consolidate the patchwork of laws governing oil spills, but it wasn't until the Exxon Valdez spill in 1989 that the push for a comprehensive federal framework gained momentum. The OPA of 1990 was the result of these efforts, providing a detailed regime for prevention, response, liability, and compensation for oil spills in U.S. navigable waters.

Increased government oversight of maritime oil transportation

The Oil Pollution Act (OPA) of 1990 was passed by the 101st United States Congress and signed into law by President George H. W. Bush. The Act significantly increased government oversight of maritime oil transportation, creating a detailed framework to address oil pollution caused by vessels and facilities.

The OPA requires oil storage facilities and vessels to submit plans to the Federal government detailing their response to large discharges. These plans are essential for preventing and mitigating the environmental impact of oil spills. The Act also enforces the removal of spilled oil, holding responsible parties financially liable for the cost of cleanup and any resulting damage. This includes virtually unlimited cleanup costs, with a primary emphasis on the liability imposed on the party responsible for the spill.

The OPA has resulted in instrumental changes in the oil production, transportation, and distribution industries. It has empowered federal agencies such as the Environmental Protection Agency (EPA) and the Coast Guard to enforce specific operating procedures and establish processes for measuring damages. The Act also specifies damages for which violators are liable and establishes a fund for damages, cleanup, and removal costs.

The OPA is a critical piece of environmental legislation, addressing the shortcomings of previous laws and ensuring adequate resources and funding to respond to oil spills. It represents a significant shift in natural resource damage assessment, giving agencies like NOAA the authority to address the impacts of oil spills on natural resources and hold polluters accountable.

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