Spill Management Teams and Legal Implications of Controlling a Response

Abstract

ABSTRACT The evolution of Spill Management Teams (SMTs) has revolutionized how spill response efforts are conducted. The SMT is often contracted out by the responsible party and relied on to spearhead an effective and efficient response. The importance of SMTs was not envisioned by the Oil Pollution Act of 1990. There are detailed planning requirements applicable to the responsible party, Oil Spill Removal Organizations, and Qualified Individual, but few requirements apply to the SMT, the entity that generally takes over and controls the response. This paper will analyze the planning standards applicable to SMTs and compare the roles, duties, and responsibilities of the SMT as compared to the responsible party and other stake-holders. The legal exposures of SMTs in controlling a response effort will be explored, and the practical recommendations and guidelines that follow will be provided to assist stakeholders and SMTs in understanding and minimizing the potential legal liabilities associated with SMTs providing critical spill management services.