US Legislation on Oil Spills
Business Law
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Institution
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Part A
US Legislation on Oil Spills
An oil spill is a type of pollution that occurs when oil is released into the marine areas particularly because of human activity. Oil spills cannot only occur in the coastal waters and oceans, but also on land. In the United States, a wide range of legislations has been executed since 1968 aiming to reduce the harm caused by oil spills (Ramseur, 2010).
The Clean Water Act of 1972 formulates the foundation framework for controlling and managing oil pollution into the US waters. In addition, it standardizes surface waters and their quality standards (Al‐Ubaydli & McLaughlin, 2015). The CWA also provided for mechanisms for reporting in case of oil spills, and response structures as well as legal responsibility for involved parties (Ramseur, 2010). Pursuant to the provisions of CWA, the Environmental Protection Agency (EPA) is mandated to execute control measures for oil pollution such as quality standards in surface waters.
The Oil Pollution Act (OPA) of 1990 is the main law that oversees oil spills in the United States. The legislation empowers the federal government on how to react to the clean ups of oil spills. It helped to provide reforms in governance of oil spills after Exxon Valdez oil spill (Steven & Lowrance, 2011). During this incident more than 10 million litres of crude oil were spilled, which recorded the biggest oil spill in history. The OPA functions to control oil spills from facilities and vessels by imposing clean up of spilled oil (Al‐Ubaydli & McLaughlin, 2015). It also allocates the responsibility for the cost of damage and clean-up.
The OPA 1990 reinforced and streamlined the capacity of Environmental Protection Agency (EPA) to respond to and prevent disastrous oil spills. The legislation provided for a trust fund which is funded by oil tax and which assist to clean-up spilled oil in case the responsible company is unwilling or incapable to do so. In addition, it compels vessels and facilities for oil storage to deliver their plans to the Federal government on how they would react in case of large oil discharges.
Measures to protect Wetlands in the US
The US government has developed a wide range of measures in order to protect wetlands from destruction and degradation. Some of these measures include wetlands monitoring and assessments, and wetland regulation and governance (Ramseur, 2010). Although most of the States have developed wetlands laws, the Federal government plays a major part in protecting wetlands. In this regard, it has developed regulations that empower Federal agencies, which are responsible for wetlands protections (Steven & Lowrance, 2011). Some of these agencies include the US Environmental Protection Agency (EPA), Natural Resources Conservation Service (NRCS), the Department of Agriculture, the US Army Corps of Engineers (Corps) and Fish and Wildlife Service (FWS). For instance, the EPA protects the wetlands because they control biological, physical and chemical pollutants discharged in waters. In addition, the FWA helps to manage and protect endangered and threatened species of wildlife and fish (Al‐Ubaydli & McLaughlin, 2015). On the other hand, the NRCS concentrates on wetlands negatively affected by agricultural and commercial activities.
The Federal government has also established assessment and monitoring programs. precisely, these programs provides appropriate procedures, systems, methods and devices to observe, collect and examine data on the state of wetlands in a tribe or state (Steven & Lowrance, 2011). Monitoring refers to logical observation and documenting of changing and current situations while assessment is the application of data to appraise or evaluate wetlands for sound decision-making (Ramseur, 2010). Assessments and monitoring programs act as a linkage between other water projects in a tribe or state. It also facilitates prioritization and planning for wetlands at the state level.
Part B
Disclaim Liability
Name of the Establishments
Some local businesses attempt to disclaim liability for damage to or loss of bailed property. For instance, dry-cleaning establishments such as OneClick Dry Cleaners and Laundry use disclaimer liability for damage of bailed property (OneClick Cleaners, 2017). Similarly, automobile mechanics enterprises such as YourMechanic use disclaimer liability in their premises (YourMechanic, 2017).
Nature of their businesses
OneClick Cleaners is a laundry and dry-cleaner company, which provide a wide range of services to its customers. Precisely, the firm offer services such as spot removal, quality fold & wash services, dry cleaning, leather & suede cleaning among others. Generally, it cleans garments, and washes dirty laundry. In addition, it washes all kinds of leather and suede garments as well as tailoring of clothes that require modification (VerSteeg, 2015).
Moreover, YourMechanic is a limited company that offers mobile car maintenance and repair services to proprietors at their areas of choice especially at their office or home. The firm has opened its operations in more than 700 cities in the United States. Recently, the firm has initiated a mobile app, which offers clients an avenue to acquire schedule services and repairs, and price quotes (YourMechanic, 2017).
Language of their attempted disclaimers of liability
The two companies attach written disclaimers in an attempt to disclaim liability. For instance, OneClick Cleaners warns its customers that fold and wash are treated based on their weight as opposed to garment count since items are not counted. Therefore, the company is not liable for any claims, including, damages, tears, rips, runs, discolouring or shrinkages (OneClick Cleaners, 2017). Similarly, the firm is not liable for any items claimed missing, stolen or lost. It also notifies its members that items are not tallied during pick up hence, it is not liable for any goods claimed damaged, missing or sent.
YourMechanic has also set up terms and conditions for customers in order to disclaim liability for delivered goods (VerSteeg, 2015). Specifically, the company specifies that a customer cannot hold the firm liable for any claims, suits, losses, expenses, and damages that have occurred from the use or incapacity to use its platform (YourMechanic, 2017). Moreover, customers are advised that they use YourMechanic services at their own risk since it does not offer warranty and representation to any individual or person (Owen, 2014).
Effectively Disclaimed Liability
Both enterprises attempts to use disclaimers to evade responsibility in case of loss and destruction of property. However, these disclaimers are not effective as the clients have not bargained or accepted the warranty loss (Owen, 2014). In addition, the disclaimers are not valid is a court of law since they are not written contracts between the customer and service providers (OneClick Cleaners, 2017). The companies and their customers do not enter into a written agreement with their customers hence they do not evade accountability in case a loss or damage occurs.
Secondly, the disclaimers are not effective because warranty rights bind the service providers in their operations. In this regard, they must promise their customers that their services offer security and safety of items. The law suggest that these are implied promises hence they should not necessarily be recorded when they are offering services (VerSteeg, 2015). The service providers such as OneClick Cleaners are still demanded to pay damages if the clothes are lost or stolen in their custody. However, disclaimers on certain liabilities such as shrinkage are effective hence customers do not have right to claim for compensation (Owen, 2014).
References
Al‐Ubaydli, O., & McLaughlin, P. A. (2015). RegData: A numerical database on industry‐specific regulations for all United States industries and federal regulations, 1997–2012. Regulation & Governance.
OneClick Cleaners. (2017). Disclaimer – dry cleaning & laundry, simplified. Oneclickcleaners.com. Retrieved 4 May 2017, from http://www.oneclickcleaners.com/disclaimer.html
Owen, D. (2014). Products Liability Law, 3d (Hornbook Series). West Academic.
Ramseur, J. L. (2010). Oil spills in US coastal waters: background, governance, and issues for congress. DIANE Publishing.
Steven, D. D., & Lowrance, R. (2011). Agricultural conservation practices and wetland ecosystem services in the wetland‐rich Piedmont‐Coastal Plain region. Ecological Applications, 21(sp1).
VerSteeg, R. (2015). Product Liability and Commercial Law Theories Relating to Concussions. J. Bus. & Tech. L., 10, 73.
YourMechanic. (2017). Terms of Use | YourMechanic. Yourmechanic.com. Retrieved 4 May 2017, from https://www.yourmechanic.com/terms-and-condition