SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Chioke, A. N.
Arinze-Umobi, C.

ABSTRACT:

Oil is the main source of energy in the world. Every stage of oil activities is fraught with environmental consequences and oil pollution has adversely affected land, air and water resources. Nigeria and United States of America are active players in the oil industry. They depend heavily on oil for energy and revenue and have Environmental Laws regulating oil pollution in their respective countries. The question was: How far have these Environmental Laws been able to control or prevent oil pollution? This study aimed at a comparative analysis of the environmental laws regulating oil pollution in Nigeria and the United States of America in order to find out their comparative advantages. Methodology applied in this study is doctrinal, and the approach is a combination of analytical, historical record review, library based and comparative study of statutes, bodies and oil pollution fines, penalties and environmental restoration regimes in the International, USA and Nigeria. The methods of data collection adopted in this study are from primary sources such as Statutes, International Treaties and Judicial Decisions, and secondary sources such as books, articles, journals (published and unpublished), magazines, news items, periodicals, documentaries and internet materials. The study found out that while USA’s environmental laws have succeeded in controlling or preventing oil pollution, as well as ameliorating its consequent effects, Nigeria’s environmental laws regulating oil pollution are not effective; that there is need to have a single comprehensive law that would regulate oil pollution in Nigeria; and that there is need to review the environmental laws regulating oil pollution in Nigeria, especially as it related to the regime for oil pollution fines, penalties and environmental restoration, duties of regulatory bodies and procedure for court actions in oil pollution cases. Some recommendations were made, among which were: Enacting a single comprehensive legislation to regulate oil pollution in Nigeria; amending the Nigerian Constitution to enable oil producing states to have state laws regulating oil pollution, and to establish a separate court to handle environmental cases; as well as reforming the institutions regulating oil pollution.