§1656 Civil Penalties

Summary

The Secretary of the Interior can fine people for oil spills that happen while oil is moving from the oil fields to the Trans‑Alaska Pipeline, while it moves through the pipeline, or while it is handled at terminal facilities. A spill must damage or threaten natural resources or public or private property for a fine to apply. The person who caused or allowed the spill must pay. The owner of the oil at the time must also pay. The United States, the states, and their local governments are not responsible. Fines can be up to $1,000 for each barrel spilled. When setting the amount, the Secretary must look at how bad the damage was, what caused the spill, any past violations, and how much the violator tried to reduce the harm. The Secretary can lower or cancel a fine if the spill was caused only by war, a natural disaster, or a third party beyond the liable person’s control. A fine under this rule cannot be added to a penalty under section 1321(b) of title 33. Fines can be imposed only after notice and a hearing under section 554 of title 5. The Secretary can issue subpoenas and set rules for discovery. A person who asked for a hearing and loses may ask the U.S. Court of Appeals for the D.C. Circuit or any circuit where they live or do business to review the order, but must file within 30 days. States and local governments can still impose other penalties or requirements, and other federal or state laws still apply.