Massachusetts Oil Spill Prevention and Response Act

In the wake of the April 27, 2003 barge B-120 oil spill into Buzzards Bay, the Massachustees Legislature passed Chapter 251, Acts of 2004, “An Act Relative to Oil Spill Prevention and Response in Buzzards Bay and Other Harbors and Bays of the Commonwealth” (the “Oil Spill Act” or “Act”), which was signed into law on August 4, 2004.  The purpose of the Act was to strengthen several statutes that govern Massachusetts’ ability to prevent and respond to oil spills in the coastal waters of the Commonwealth.

The full text of the Oil Spill Act can be found at:

http://www.mass.gov/legis/laws/seslaw04/sl040251.htm

Lawsuit Update

In January 2005, the United States brought suit in U.S. District Court claiming that Federal law preempts certain provisions of the Massachusetts Oil Spill Act.  In 2006, the District Court held that the challenged provisions of the Oil Spill Act were preempted and unconstitutional under the Supremacy Clause of the U.S. Constitution.  The District Court permanently enjoined Massachusetts from enforcing seven provisions of the Massachusetts Oil Spill Act.

Massachusetts appealed the District Court decision and in June 2007, the U.S. Court of Appeals overturned the lower court decision and remanded the matter back to the District Court to hear additional evidence.  As a result, three of the seven Massachusetts Oil Spill Act’s provisions: personnel and manning requirements; tug escort provisions and the certificate of financial assurance requirement are now in effect, pending further District Court proceedings.

For additional information please visit;

http://www.mass.gov/dep/cleanup/laws/spillact.htm

Mass Oil Spill Prevention and Response Trust Fund

http://mass.gov/legis/laws/mgl/21m-8.htm

Mass Oil Spill Act Advisory Committee

http://www.mass.gov/dep/public/committee/oswkgrp.htm