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sponse, cleanup responders are still likely to hesitate while potentially expand RP liability. However, as previously evaluating whether the bene? ts of responding outweigh noted, the RP is already responsible for any such damages.

the very signi? cant legal cost and management distraction Once again, we have the legislative process being stymied risks, if a particular response has the potential to result in by a well-funded lobbyist acting for a vocal minority, rather substantial legal actions against them. than a needed legislative solution being implemented that

The Coalition’s proposed legislative ? x is simple and the vast majority prefers. One can only hope that the out- straightforward. It provides that responders would not be rage that many are expressing about our current political liable for “exposure” claims related to the spilled oil or dis- climate as evidenced by the oddities in the ongoing Presi- persants that may be used during a response. It also dis- dential election will trickle down to this important issue. If courages frivolous suits by establishing a presumption that not, we may not be able to count on the response commu- response actions do not constitute gross negligence and nity to respond immediately when the next calamity hits.

requires claimants who are found to have ? led meritless claims to pay attorneys fees. Steven Candito is Founder, President and

Unfortunately, because of some minor, but politically in- CEO of Foresea. Foresea provides various advisory services including strategic ? uential lobbying organization opposition, the Coalition’s planning, regulatory compliance and proposal has not made it to a Congressional vote. There has crisis management to the maritime and environmental not been a vote despite strong support from most interested communities. Prior to his current position, Mr. Candito parties including big oil, environmental organizations, and, was President and CEO of NRC. Candito is a graduate of course, the response community that would directly ben- of Hofstra University School of Law and the United States e? t and no longer hesitate to respond. Speci? cally, the lob-

Merchant Marine Academy. He is also a past President of bying organization objected to the Coalition’s proposal due the Spill Control Association of American (SCAA).

to concerns that the exception for “exposure” claims would 21

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