§1656 Civil penalties

Summary

The Interior Secretary can fine oil spills that happen on the way to, while moving through, or at the terminal of the trans‑Alaska pipeline if they damage or threaten to damage natural resources or public or private property. The party who caused the spill and the owner of the oil at the time must pay the full penalty. The United States, the states, and their local governments do not have to pay. The fine can be up to $1,000 for each barrel spilled. When deciding the amount, the Secretary will look at how bad the damage was, what caused the spill, any past violations, and how well the responsible parties tried to limit the harm. The Secretary can reduce or cancel a fine if the spill was caused only by an act of war, an act of God, or a third party beyond the parties’ control. The fine cannot be added on top of penalties under 33 U.S.C. §1321(b). A penalty can only be imposed after notice and an on‑the‑record hearing under 5 U.S.C. §554. The Secretary may issue subpoenas and set rules for discovery. A person who asked for a hearing and is unhappy with the penalty order can ask a U.S. Court of Appeals for review in the D.C. Circuit or in any circuit where they live or do business. That petition must be filed within 30 days after the order was issued. States and local governments can still impose extra rules or penalties, and other federal or state laws and common‑law duties remain in effect.