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

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