Law and Environment
NOVEMBER 3, 2023
Intercontinental Terminals Company , the 5 th Circuit Court of Appeals held that the liability provisions of CERCLA and the Oil Pollution Act do not overlap and that, consequently, where oil and hazardous substances commingle, the sole remedy is under CERCLA. Late last month, in Munoz v.
MGKF Law
JULY 5, 2022
May 26, 2022), the Fifth Circuit ruled that the Seventh Amendment guarantees the right to a jury trial for defendants facing subrogation and recoupment claims under the Oil Pollution Act of 1990 (the “OPA”).
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MGKF Law
FEBRUARY 15, 2022
On Tuesday, February 8, 2022, the Eleventh Circuit affirmed the Southern District of Alabama’s dismissal of admiralty claims against the United States for oil-removal damages holding first that Oil Pollution Act of 1990’s (“OPA”), 33 U.S.C.S. § § 2701 et. United States , Slip Op.
The Energy Law
JANUARY 10, 2011
30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). Laurin Maritime (America), Inc. 2010 WL 5421015 (5th Cir. Accordingly, summary judgment was proper in favor of the Tanker Owner.
The Energy Law
JUNE 13, 2017
9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil Pollution Act of 1990 (“OPA”) has a statutory claim for contribution to recover purely economic damages from a partially liable third party. Marquette Transportation Company, L.L.C. , 16-30459 (5th Cir.
The Energy Law
NOVEMBER 10, 2017
As owner of the leaking barge, ACL was deemed the responsible party under the Oil Pollution Act of 1990 (“OPA ’90”). DRD was also prosecuted and convicted of violating federal laws in connection with its operation of vessels and destruction of evidence. American Commercial Lines, L.L.C. , 16-31150, p. 3d (5th Cir.
The Energy Law
JANUARY 31, 2023
A Regulatory Increase to the Limits of Liability for Oil Pollution and an Amendment Exempting Small Passenger Vessels from the Limitation of Liability Act Present New Challenges for Vessel Owners U.S. First, the Coast Guard announced [1] increases to the liability limits in the Oil Pollution Act of 1990 (“OPA”). [2]
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