Introduction

In the US, hazardous substances are regulated under a variety of different statutes. The principal ones are the Clean Water Act;1 Clean Air Act;2 Resource Conservation and Recovery Act (RCRA);3 Toxic Substances Control Act (TSCA);4 Federal Insecticide, Fungicide and Rodenticide Act (FIFRA);5 and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).6 The most important marine pollution statutes governing liability and compensation for the release of hazardous substances are the Clean Water Act (CWA) and CERCLA. The CWA imposes strict, but limited, liability on the owner or operator of a vessel for clean-up costs incurred by the federal government in the case of a discharge of a hazardous substance from a vessel into the navigable waters of the US. The CWA, however, does not authorize the recovery of other loss or damage sustained by the federal government or third-party damages. CERCLA, discussed in greater detail below, imposes strict, limited liability on ocean carriers for all costs of removal or remedial action resulting from the release of hazardous cargo into the environment. Although third parties may recover clean-up costs under CERCLA, there is no private right of action for damage to property or injury to persons. Traditional theories of maritime tort law therefore remain important in the area of liability and compensation for hazardous substance pollution.