California Gold Rush? – State law increases monetary fines in marine oil pollution cases
The civil fine penalty range was altered from USD 5,000 minimum to USD 500,000 maximum, to a doubling of amount, namely USD 10,000 minimum to USD 1 million maximum. Additionally, and more significantly, there was a change to the second tier of fines that could be imposed if criminal charges are brought in such a case, to an amount up to USD 1,000 per US gallon, involving a spill quantity greater than 1,000 US gallons. These increases warranted attention by the marine shipping community, which attempted to ameliorate this legislative initiative. See Gard’s Member Circular 10/2020.
Bourganeuf : collecte de protections menstruelles
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Pourquoi c est important Les étudiantes ne payeront plus leurs protections hygiéniques, et c est une réelle avancée
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BIMCO: New Law in California affecting shipownersâ liability for oil pollution
25 Jan 2021
Christian Hoppe, Manager, General Counsel at BIMCO, on Thursday (21 January) published a summary of a new law passed in California, USA, doubling existing fine thresholds for oil spill violations and its possible implications on insurance policies:
The new California law, which entered into force on 1 January 2021, doubles the existing minimum and maximum fines for certain oil spill violations related, among other things, to persons who knowingly engage in or cause the discharge or spill of oil into waters or knowingly fail to begin clean-up etc. of spilled oil. For certain violations the new law also authorises the court, at its discretion, to impose a fine of up to USD 1,000 per gallon spilled in excess of 1,000 gallons of oil â a fine which is not statutorily capped.
New Law In California, USA, Affecting Shipowners’ Liability For Oil Pollution
Members are advised that amendments to the so-called Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 in the State of California on criminal fines for oil spill violations in state waters entered into force on 1 January 2021. BIMCO takes the opportunity to remind members about the importance of strict compliance with this and other environmental laws.
The new California law, which entered into force on 1 January 2021, doubles the existing minimum and maximum fines for certain oil spill violations related, among other things, to persons who knowingly engage in or cause the discharge or spill of oil into waters or knowingly fail to begin clean-up etc. of spilled oil. For certain violations the new law also authorises the court, at its discretion, to impose a fine of up to USD 1,000 per gallon spilled in excess of 1,000 gallons of oil – a fine which is not statutorily capped.