article thumbnail

Eleventh Circuit Holds that the Oil Pollution Act Shields Federal Government From Liability

MGKF Law

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.

article thumbnail

Fifth Circuit Confirms Right to Jury Trial Under the Oil Pollution Act

MGKF Law

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”).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Oil and Hazardous Substances; Never the Twain Shall Meet

Law and Environment

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.

article thumbnail

Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law Blog

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.

article thumbnail

U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

The Energy Law Blog

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.

article thumbnail

U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

The Energy Law Blog

The TINTOMARA, a tanker, collided with the DM-932, causing the barge to break away and ultimately sink in the Mississippi River resulting in the spill of approximately 300,000 gallons of oil into the River. As owner of the leaking barge, ACL was deemed the responsible party under the Oil Pollution Act of 1990 (“OPA ’90”).

article thumbnail

The ultimate guide to Clean Water Act compliance in 2024 (and beyond)

Environmental News Bits

Companies that produce and discharge pollutants are subject to U.S. Environmental Protection Agency (EPA) oversight under the Clean Water Act. The EPA routinely conducts inspections focused on federal laws like Oil Pollution Act and Clean Water Act compliance.