ABSTRACT
First, pollution is a species of tort having its grounding in trespass and public and private nuisance. The tort system, for better or worse, is used by the plaintiffs bar as a means for bringing public attention to and correcting products and practices that endanger public health and safety. Historically, the US response to pollution has evolved from a point where originally either the US or a state government cleaned up the mess to the current OPA which provides only governments but private citizens with express remedies against polluters. The US statutes impose liability on owners and operators of vessels and facilities from which oil is discharged into the navigable waters of the US. In addition to limits of liability in OPA, which were viewed as high by industry and insurance interests, the most controversial aspects of OPA is its failure to preempt state remedies and the concern that the standard for breaking limitation was too low.
