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The Oil Pollution Act: A Potential Source of Relief for Gulf Coast Commercial Fishermen

The country was stunned by the massive amounts of damage done by the 1989 Exxon Valdez oil spill disaster off the coast of Alaska. We watched in horror as oil seeped into the water and people became ill, pristine natural resources were ruined, and the livelihoods of generations of commercial fishermen were destroyed. In response to this environmental tragedy, the federal government enacted the Oil Pollution Act of 1990 in order to increase oil company accountability for oil spills and to improve the federal government's response to oil spills.
Major Provisions of the Oil Pollution Act
The Oil Pollution Act seeks to avoid, manage, and punish catastrophic oil spills by:
  • Requiring Oil Companies to Create Oil Spill Plans Before Drilling. Every company that engages in oil drilling in U.S. waters must create a plan to deal with the worst-case scenario oil-spill disaster. They must have the plan approved by the federal government, and they must train people to implement the plan.
  • Funding the Oil Spill Liability Trust Fund. The Oil Spill Liability Trust Fund was created in the mid-1980s but was not funded until 1990, after the Exxon Valdez spill.
  • Extending Responsibility for the Company that Caused the Oil Spill. The financial responsibility of companies responsible for oil spills now includes all costs related to cleanup that are incurred by local, state, and federal governments.
Enhancing Penalties for Oil Spills. What the Oil Spill Act Means for the Commercial Fishermen Affected by the Gulf Oil Spill
For more than twenty years, the Exxon Valdez accident remained the worst environmental disaster in U.S. history. That changed in April 2010. On April 20, 2010, an explosion at the BP Deepwater Horizon oil drilling platform caused what many experts believe to be the worst environmental disaster in American history.

The BP oil spill has devastated fishing communities along the Gulf Coast and has resulted in significant business interruptions. Many of the commercial fishermen who made a living fishing in the Gulf waters prior to April 20, 2010 are no longer able to harvest or sell their fish.
Commercial fishermen may have the right to recover damages from the Oil Spill Liability Trust Fund for the economic harm they have suffered as a result of the oil spill. Commercial fishermen have the choice to make a claim to the Fund or to sue the responsible party in federal court. It is an important decision that can have a significant economic impact on individual fishermen. For this reason, it is important to contact experienced New Jersey or New York maritime lawyers before pursuing a claim.

A New York or New Jersey maritime accident lawyer from Hofmann & Schweitzer will thoroughly investigate your claim and prepare the strongest possible case for your recovery. We are committed to helping the people of the Gulf Coast recover from this catastrophe. Please call us at 1-800-3-MAY-DAY for a free consultation.

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