The Application of Strict Criminal Liability to Maritime Oil Pollution Incidents: Is There OPA for the Accidental Spiller?

43 Pages Posted: 15 Jan 2012  

Eric A. DeGroff

Regent University - School of Law

Date Written: 2004

Abstract

This article suggests that the use of strict criminal liability in response to unintended petroleum discharges undermines long-established and well-reasoned common law notions of justice and conflicts with the principles of statutory construction. The author argues that DOJ's continued use of strict liability statutes in response to maritime oil pollution incidents is both unwarranted and counterproductive.

Keywords: environment, oil spill, oil pollution, strict liability, criminal enforcement, Clean Water Act, refuse Act, Migratory Bird Treaty Act

JEL Classification: I18, K32, K41, K42, Q25, Q28

Suggested Citation

DeGroff, Eric A., The Application of Strict Criminal Liability to Maritime Oil Pollution Incidents: Is There OPA for the Accidental Spiller? (2004). Loyola Law Review, New Orleans, Vol. 50, p. 827, Winter 2004. Available at SSRN: https://ssrn.com/abstract=1985255

Eric A. DeGroff (Contact Author)

Regent University - School of Law ( email )

1000 Regent University Drive
Virginia Beach, VA 23464
United States

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