SENATE BILL REPORT

SJM 8006

BYSenators Metcalf, Kreidler and DeJarnatt

Asking Congress to clarify federal law concerning oil spill remedies.

Senate Committee on Environment & Natural Resources

Senate Hearing Date(s):January 25, 1989

Majority Report:     Do pass.

     Signed by Senators Metcalf, Chairman; Amondson, Vice Chairman; Barr, Benitz, DeJarnatt, Kreidler, Owen, Patterson.

Senate Staff:Gary Wilburn (786-7453)

                March 14, 1989

AS PASSED SENATE, MARCH 13, 1989

BACKGROUND:

The Washington Pollution Control Act provides several remedies which may be employed regarding spills of oil to state waters.  These include civil penalties, the recovery of cleanup costs incurred by the state, and recovery for damages to natural resources.  Persons discharging the oil are strictly liable to the state without regard to fault.  Additionally, liability does not include limitations on the potential liability of the responsible parties.

The response to oil spills is commonly a cooperative state/federal effort, in which both incur cleanup costs.  The federal Water Pollution Control Act provides for recovery of federal agency cleanup costs.  However, the federal act provides for liability limits except in the case of willful negligence or willful misconduct.  Under the federal Limitation of Liability Act, an owner of a vessel spilling oil may be exonerated from liability for any cleanup costs if the owner is free of fault.

Some owners of vessels from which oil spills have occurred contend the federal laws limit or preclude states from pursuing state remedies to recover cleanup costs, penalties and damages.  This argument has been made with respect to spills occurring in Washington waters.  Court decisions on these issues are inconclusive.

SUMMARY:

Congress and the President are requested to clarify federal law to ensure that no federal law or doctrine will prevent states from pursuing state remedies to recover cleanup costs, damages and penalties arising from oil spills.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Greg Sorlie, Department of Ecology (for); Lee Rees, Assistant Attorney General