Abstract
ABSTRACT It is necessary for all involved with oil spills to have a knowledge of statutes, both federal and state, that allow remedies for oil spills. The state statutes will vary depending on the location of the spill and the court involved. In addition, to secure recovery, a claim for conversion; trespass, nuisance, negligence and possibly punitive actions must be considered. Statutory and other causes of action frame the necessary work that must be prepared to either pursue or defend the case effectively. Actions concerning injunctions bring other remedies into consideration, such as replacement of real or personal property or necessity of court-mandated actions to either assist the cleanup activity or prevent further damage. The remedies under the statutory or other causes of action require preparation of claims of damages. Damages usually fall into the categories of real or personal property. Real property damage takes into consideration diminished value, temporary non-use, profit and loss, and loss of taxes in addition to penalties and repayment for cleanup costs. Personal property claims involve determination of the value of fish, plant life, marine and wildlife and such items as sand, driftwood or other items touched by the oil. In that oil is the element that connects the spill with damage that may ensue, it is essential that the oil be traced with complete identification, from the initial spill to its final resting place.
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