	Introduction

Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions in the Oil Pollution Act. Congress has also addressed the compensatory liability provisions of the Jones Act and the Death on the High Seas Act in connection with the deaths of 11 workers when the Deepwater Horizon platform exploded on April 20. These provisions, the topic of this report, impose civil and criminal penalties . This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf spill and related worker fatalities. It does not purport to be exhaustive. CRS stresses that it has no knowledge of the facts surrounding the Gulf spill other than what has been publicly reported; hence the provisions listed here are only an informed guess as to those that ultimately may be found violated . At the outset, the reader should note that the penalty ceilings stated in the program statutes listed here may not be the applicable ones. This act requires federal agencies to adjust at least once every four years the maximum (and minimum, if any) dollar amount on civil penalties within their jurisdiction to reflect movement in the Consumer Price Index. (The Occupational Safety and Health Act, listed below, is expressly exempted.) As for ceilings on criminal penalties, the Criminal Fine Improvements Act (CFIA) often applies. Under this statute, the maximum criminal fine a court may impose may be up to the greater of the amount specified in the law setting forth the offense or various alternative ceilings in the CFIA. Miscellaneous Provisions in Title 18

Several provisions in the federal penal code—Title 18 of the U.S. Code—that are not specifically environmental are often used in the prosecution of federal environmental crimes. Addendum: The December 15, 2010, Complaint Filed by the Department of Justice

On December 15, 2010, the U.S. Department of Justice filed a civil complaint against multiple parties alleged to be responsible for the Gulf spill —the only suit it has filed thus far related to the Gulf spill. Specifically mentioned as possible sources of such liability are the Clean Water Act, Oil Pollution Act, Outer Continental Shelf Lands Act, Endangered Species Act, Marine Mammal Protection Act, National Marine Sanctuaries Act, and Park System Resource Protection Act.
Since the Deepwater Horizon oil spill began on April 20, 2010, Congress has given much attention to the compensatory liability provisions of the Oil Pollution Act and, to a lesser extent, those of the Jones Act and the Death on the High Seas Act. However, federal laws possibly relevant to the oil spill also impose civil and criminal money penalties, which may reach dollar amounts in connection with the Gulf spill greater than those for compensatory liability. This report summarizes selected federal civil and criminal penalty provisions that may be found violated in connection with the Gulf spill and related worker fatalities. It does not purport to be exhaustive. CRS stresses that it has no knowledge of the facts surrounding the Gulf spill other than what has been publicly reported; hence the provisions listed here are only an informed guess as to those that ultimately may be found violated.
At the outset, the penalty ceilings in the program statutes listed in this report may not be the applicable ones. As for civil penalty ceilings, the Federal Civil Penalties Inflation Adjustment Act requires federal agencies to adjust at least once every four years the maximum (and minimum, if any) dollar amount on civil penalties within their jurisdiction to reflect movement in the Consumer Price Index. As for criminal penalty ceilings, the Criminal Fine Improvements Act often applies. Under this statute, the maximum criminal fine a court may impose may be up to the greater of the amount specified in the law setting forth the offense or various alternative ceilings in the Criminal Fine Improvements Act.
For each statute listed, the report describes any civil administrative penalties, civil judicial penalties, and criminal penalties authorized by the statute that conceivably might be relevant to the Gulf spill. The program statutes covered are the Clean Water Act, Endangered Species Act, Marine Mammal Protection Act, Migratory Bird Treaty Act, Oil Pollution Act, Outer Continental Shelf Lands Act, and Occupational Safety and Health Act. In addition, the report lists several provisions in the federal penal code that are often used in the prosecution of environmental crimes—involving aiding and abetting, conspiracy, false statements to the federal government, mail fraud, wire fraud, and obstruction of justice.
An addendum describes the civil complaint filed by the United States on December 15, 2010, against several parties allegedly responsible for the Gulf spill, and an insurance company.