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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 OilPollutionAct of 1990’s (“OPA”), 33 U.S.C.S. § § 2701 et. United States , Slip Op.
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 OilPollutionAct of 1990 (the “OPA”).
Intercontinental Terminals Company , the 5 th Circuit Court of Appeals held that the liability provisions of CERCLA and the OilPollutionAct do not overlap and that, consequently, where oil and hazardous substances commingle, the sole remedy is under CERCLA. Late last month, in Munoz v.
30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the OilPollutionAct of 1990 (“OPA”). Laurin Maritime (America), Inc. 2010 WL 5421015 (5th Cir.
9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the OilPollutionAct 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 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 OilPollutionAct of 1990 (“OPA ’90”).
A Regulatory Increase to the Limits of Liability for OilPollution 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 OilPollutionAct of 1990 (“OPA”). [2]
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 OilPollutionAct and Clean Water Act compliance.
Intercontinental Terminals Company , the 5 th Circuit Court of Appeals held that the liability provisions of CERCLA and the OilPollutionAct do not overlap and that, consequently, where oil and hazardous substances commingle, the sole remedy is under CERCLA.
1] The data used to compile the statistics in this section are available at [link] [2] Pursuant to the OilPollutionAct of 1990, the Secretary of the Interior adjusts the maximum civil penalty on a regular basis to reflect increases in the Consumer Price Index. 1 RMMLF-INST PAPER NO. 7 (2016). [1]
Additional services that may be provided by the team include regulatory support for Clean Water Act, Resources Conservation and Recovery Act, Comprehensive Environmental Restoration Compensation and Liability Act, Clean Air Act, National Environmental Policy Act, OilPollutionAct, and other federal, state, and local environmental programs.
Plaintiffs’ claims under the Resource Conservation and Recovery Act (RCRA) and OilPollutionAct (OPA) were dismissed as premature. The claims certified for class treatment included negligence, strict liability, violation of obligations of neighborhood, nuisance, trespass and groundwater contamination.
For example, in 2021, the Department of Justice provided notice of seven consent decrees for OilPollutionAct natural resource damages, and these consent decrees were signed anywhere from two to 15 years after the incident, and on average, nearly nine years after the incident.
Permit conditions – Several statutes require permit holders to have and implement plans to prepare for extreme events – e.g., Clean Air Act; Clean Water Act; OilPollutionAct; Resource Conservation and Recovery Act.
The plaintiff additionally alleged that, by failing to report the discharges, the defendants concealed an obligation to pay the government by fraudulently avoiding fines and penalties under several statutes, including the Federal Water Pollution Control Act, the Act to Prevent Pollution from Ships, the Outer Continental Shelf Lands Act, and the Oil (..)
United States Dep’t of the Interior Bureau of Safety and Environmental Enforcement, GUIDANCE TO OWNERS AND OPERATORS OF OFFSHORE FACILITIES SEAWARD OF THE COAST LINE CONCERNING REGIONAL OIL SPILL RESPONSE PLANS, NTL No. 2012-N06 (2012), [hereinafter NTL 2012-N06].
The allision resulted in a spill of approximately 264,000 gallons of crude oil into the Delaware River. As the designated responsible party under the OilPollutionAct (“OPA”), 33 U.S.C. 2701, et seq. Frescati spent $143 million cleaning up the river. 2701, et seq.”
The Clean Water Act has its own “international pollution abatement” provision, which can be triggered if a foreign nation “has given the United States essentially the same rights with respect to the pollution and control of pollution.”
Justice Department – Notice of Lodging of Proposed Consent Decree Under the OilPollutionAct. All comments must be submitted no later than thirty (30) days after the publication date of this notice (July 17, 2021). NOAA – Draft Revised Management Plan for the Mission-Aransas National Estuarine Research Reserve.
Justice Department – Notice of Lodging of Proposed Consent Decree Under the OilPollutionAct. Forest Service – Forest Service Handbook (FSH) 5509.11, Chapter Twenty, Section 21; Title Claims, Sales, and Grants Handbook; Sales. Comments must be received in writing by July 6, 2021.
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