b'LEGAL MATTERSLiability for LEGAL MATTERSEnvironmental Spill IncidentSTEVEN E. BERS, ESQ. // PVA GENERAL COUNSELU nder traditional corporate law, individ- the case of a vessel, a responsible party includesprimarily to protect the security interest of the ual shareholders of a corporation areanypersonowning,operating,ordemiseperson in the vessel or facility.usually protected against personal lia- chartering the vessel. The owning or oper-bility for debts, obligations, and claims againstatingterminologycreatesawidespectrumThere are defenses available to liability by a a corporation (except in exceptional cases whereof potentially liable parties, possible includingresponsible party who can show that an oil corporate structure is ignored). This standard,individuals far removed from a vessels dailyspill incident was caused by a third party (i.e., however is not necessarily so when it comes tooperation or oversight. not the responsible partys agent or employ-environmental oil spill incidents under the fed- ee), notwithstanding the owner or operators eral laws prohibiting the discharge of oil (oil ofThe statute continues by defining owner ordemonstrated spill-prevention efforts. any kind or in any form, including petroleum,operator, to mean, in the case of a vessel, fuel oil, sludge, oil refuse, and oil mixed withany person owning, operating, or charteringWhile personal liability is theoretically possi-wastes) into navigable waters (33 USC Sectionby demise, the vessel. Indeed, the statutoryble, thankfully none is known by this author 2701 et. seq) (Oil Pollution Act of 1990). definition does little to carve out anyone fromto have yet touched any PVA member. Even liability reach. The law does however draw theso,noowneroroperatorcanbeassured line against liability to a person that is a lenderthattheyenjoyabsoluteimmunityforoil that does not participate in management of aspills by their organization, if not otherwise So who can bevessel or facility, but holds indicia of ownershipfinancially remedied.included as a responsible party in the event of an environmental incident? In the case of a vessel, a responsible party includesany person owning, operating, or demise chartering the vessel.Under the Federal marine anti-pollution law, an environmental oil spill creates potential li-ability for each responsible party or a vessel or facility from which oil is discharged . . . . This standard is applied notwithstanding any oth-er provision or rule of law (33 USC SectionOur inhouse engineering team can provide 2702). In other words, traditional protectiontechnical design and installation advice for of shareholders or individuals under standardyour vessel build. corporate law principles, is not assured as aBased in Evere\x06, WA, our hyperlocal team shield to liability for environmental incidents. can deliver quality marine solutions in extremely short time frames.So who can be included as a responsible party in the event of an environmental incident? In Hydrus, San Francisco CA25 APRIL 2023'