Water flowing into navigable water is subject to OPA 90

Monday, January 12, 2004
The U.S. Court of Appeals for the Fifth Circuit ruled that the Oil Pollution Act of 1990 (OPA 90) applies to oil spills into waters that flow into navigable waters. In the instant case, oil from the bankrupt’s well was discharged into a drainage ditch and then flowed into a bayou. The bayou flows into a canal that eventually flows into the Gulf of Mexico, a navigable water of the United States. After the oil spill, the well owner declared bankruptcy and then opposed the government’s attempt to collect the clean-up costs, contending that the oil did not enter the navigable waters and, thus, OPA 90 was not applicable. The court held that the bayou is sufficiently adjacent to an open body of navigable water to invoke the jurisdiction of the Oil Pollution Act. In the Matter of Needham, No. 02-30217 (5th Cir., December 16, 2003).

(Source: HK Law)

Maritime Reporter March 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Largest Vessel to Call ICTSI, Rijeka

Adriatic Gate Container Terminal (AGCT), International Container Terminal Services, Inc.’s (ICTSI) container handling facility in the Port of Rijeka, Croatia,

MOL President Reports Slack Performance

MOL President, President, Koichi Muto reported that the performance of the company was slack. Presenting his report he stated:  I am sad to report that our business performance fell short,

Holland America Line Wins Sparkie Award

At a March 5 reception at the Seattle Waterfront Marriott, Holland America Line was presented with a Sparkie Award by the United Way of King County, Washington.

LNG

GasLog Acquires 2 BG Group's Carriers

GasLog Ltd. completed the acquisition of two LNG carriers from Methane Services Limited (“MSL”), a subsidiary of BG Group plc (“BG”), which was previously announced on December 22, 2014.

U.S. DoI Upholds 2008 Shell Arctic Lease

The U.S. Interior Department on Tuesday upheld a 2008 lease sale in the Chukchi Sea off Alaska, moving Royal Dutch Shell a step closer to returning to oil and gas

ABG Ties Up with GTT for LNG Technology

ABG Shipyard Ltd has tied up with Gaztransport and Technigaz (GTT) of France for the maritime transportation and storage of liquefied natural gas (LNG), reports Livemint.

 
 
Maritime Careers / Shipboard Positions Maritime Standards Naval Architecture Navigation Pipelines Salvage Ship Electronics Ship Repair Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0770 sec (13 req/sec)