PolicyBrief
H.R. 3071
119th CongressApr 29th 2025
Increasing Penalties for Offshore Polluters Act
IN COMMITTEE

The "Increasing Penalties for Offshore Polluters Act" increases both civil and criminal penalties for oil spills and other pollution violations under the Clean Water Act.

Ted Lieu
D

Ted Lieu

Representative

CA-36

LEGISLATION

Bill Proposes Steeper Penalties for Offshore Oil Spills: Minimum Fines and Doubled Maximums on the Table

A new piece of legislation, the "Increasing Penalties for Offshore Polluters Act," is looking to hit companies and individuals harder in the wallet—and with more jail time—if they're responsible for oil spills. This bill directly amends the Federal Water Pollution Control Act to significantly ramp up both civil and criminal penalties. The core idea? Make polluting the ocean a much costlier mistake, both financially and personally.

Raising the Stakes: What's Changing with Fines and Jail Time?

So, what does this mean in practical terms? For civil penalties related to oil spills, the bill changes the game by setting minimum fines instead of just maximums. As outlined in Section 2, amendments to Section 311(b)(7)(A) and 311(b)(7)(D) of the Federal Water Pollution Control Act would change language like "up to" a certain amount to "at least" that amount. This means if a company spills oil, there's now a floor for how much they'll pay, not just a ceiling.

On the criminal side, the penalties are getting a serious boost across the board. For negligent violations (think carelessness leading to a spill), under Section 309(c)(1) of the existing Act, minimum fines would double from $2,500 to $5,000 per day, maximum fines would double from $25,000 to $50,000 per day, and potential imprisonment would go from 1 year up to 2 years. For knowing violations (where someone intentionally broke the rules), the stakes get even higher under Section 309(c)(2): minimum fines jump from $5,000 to $10,000 per day, maximums from $50,000 to $100,000 per day, and prison time could extend from 3 years up to 6 years. The bill explicitly states it "Doubles the maximum punishment for both fines and imprisonment" for these categories.

The Heavy Hitters: Penalties for Major Offenses

For the most serious offenses, such as those involving knowing endangerment or large-scale pollution by organizations, the penalties are also set to double. Under the amendments to Section 309(c)(3), an individual facing these charges could see fines increase from $250,000 to $500,000 and potential prison sentences jump from 15 years to a staggering 30 years. For organizations, the fines would escalate from $1,000,000 to $2,000,000. These aren't small changes; they represent a significant escalation in how the law would treat offshore pollution.

What's the Real-World Impact?

The clear intention here is to create a much stronger deterrent against oil spills. By setting minimum civil penalties, there's less wiggle room for polluters to negotiate smaller fines. The substantial increase in criminal fines and potential jail time sends a message that environmental responsibility isn't just a corporate policy—it's a serious legal obligation with severe personal consequences for decision-makers. For those working in offshore industries, this means the pressure to comply with environmental regulations will likely intensify. For coastal communities and anyone who relies on clean oceans, the hope is that these tougher penalties will translate into fewer spills and a healthier marine environment. The bill essentially aims to make the cost of polluting far outweigh the cost of prevention.