News: US daily civil monetary penalties for OSCLA and OPA 90 adjusted for inflation

The Bureau of Ocean Energy Management (BOEM) announced a final rule that implements the 2021 inflation adjustments for the maximum daily civil monetary penalties contained in BOEM regulations for violation of the Outter Continental Shelf Lands Act (OCSLA) and the Oil Pollution Act of 1990 (OPA).

The Federal Civil Penalties Inflation Adjustment Act (FCPIAA) Improvements Act of 2015 requires Federal agencies to adjust the level of civil monetary penalties for inflation annually. These adjustments are intended to maintain the deterrent effect of civil penalties and to further the policy goals of the underlying statutes.

Under the FCPIAA Improvements Act of 2015, this rule adjusts the maximum civil monetary penalties per day per violation upward by the multiplier of 1.01182 to $46,000 for violations under the OCSLA and to $48,762 for violations under the OPA.

A daily civil penalty can be imposed by authorities for a violation of OCSLA or for failing to comply with OPA's financial responsibility provisions.

The adjusted penalty levels are available via the Federal register here.