Oil Spill Litigation: Environmental and Worker Liability

Oil spills are among the most catastrophic events in the energy sector, causing not only widespread environmental damage but also significant risks to the workers tasked with cleanup and response. Litigation after a spill often combines two legal fronts: environmental liability under federal statutes like the Clean Air Act Amendments and Strategic Petroleum Reserve (SPR) regulations, and worker injury claims arising from the dangerous conditions created during spill response.

---

Environmental Liability After Oil Spills

Oil spills trigger immediate scrutiny under multiple federal laws. Two critical frameworks are:

1. Clean Air Act Amendments (1990)

While traditionally associated with air pollution, the Clean Air Act Amendments (CAAA) play a vital role in oil spill litigation. Under the CAAA’s Risk Management Program (RMP) provisions, facilities handling large quantities of petroleum must:

• Develop risk management plans for accidental releases.
• Conduct hazard assessments and outline emergency response programs.
• Implement prevention measures to minimize accidental discharges.

A spill that contaminates the air—through volatile organic compounds (VOCs), benzene, or other hazardous substances—can result in penalties for noncompliance, lawsuits, and strict liability claims against facility operators.

2. Strategic Petroleum Reserve (SPR) Regulations

The SPR was created under the Energy Policy and Conservation Act to maintain emergency petroleum supplies. Regulations governing the SPR require facilities to meet stringent operational, storage, and transportation standards. When a spill occurs near or involving SPR facilities, liability may extend to both operators and contractors for:

• Failing to prevent or mitigate a release.
• Negligence in following federal storage/transportation requirements.
• Environmental damage and remediation obligations under the Oil Pollution Act (OPA) of 1990.

Violations of these regulations can lead to government enforcement actions as well as private civil lawsuits from affected communities and businesses.

---

Worker Liability and Injury Claims in Spill Response

In addition to environmental impacts, oil spill cleanup creates significant risks for workers. Exposure to toxic chemicals, slip-and-fall hazards, explosions, and respiratory illnesses are common during spill response.

Workers injured during spill cleanup may pursue compensation through:

• Workers’ Compensation – Covers medical expenses and lost wages but generally bars lawsuits against employers.
• Jones Act Claims – Offshore workers classified as “seamen” may sue employers directly for negligence if unsafe working conditions contributed to their injuries.
• General Maritime Law – Allows claims for unseaworthiness of vessels involved in spill response.
• Toxic Exposure Litigation – If workers suffer long-term illnesses (e.g., cancer, respiratory disease) from exposure to benzene or crude oil components, they may bring claims against contractors, manufacturers of defective protective equipment, or negligent operators.

---

Balancing Environmental and Worker Litigation

Oil spill litigation often involves parallel but overlapping claims:

• Environmental groups and government agencies pursue damages for ecological harm, restoration costs, and Clean Air Act or SPR violations.
• Workers and their families seek compensation for injuries, permanent disabilities, or wrongful death linked to spill response.

Courts may consolidate these claims or allow them to proceed separately, but both routes underscore one truth: oil spills carry dual accountability—for the environment and for the people working in hazardous conditions to clean it up.

---

Key Takeaway

Oil spill litigation is never simple. It requires navigating federal statutes like the Clean Air Act Amendments and SPR regulations, while also recognizing the rights of injured workers under maritime and personal injury law. Companies may face massive penalties, cleanup costs, and liability to workers harmed during spill response efforts.

For families, workers, and communities impacted by oil spills, an experienced oil spill litigation attorney can bridge both fronts—holding companies accountable for environmental negligence while ensuring injured workers receive the compensation they deserve.