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 September 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Court Dismisses Boating Industry’s Challenge to EPA Misfueling Rule

The National Marine Manufacturers Association (NMMA) said it is disappointed with the U.S. Court of Appeals decision released on Tuesday, October 21, 2014 for the D.

Lavrov: No need for NATO in the Arctic

During the open lecture on Russia’s foreign policy, Foreign Minister Sergei Lavrov stated that he could see no need for NATO presence in the Arctic. ‘From time to time,

ITIC Measures against Ebola

The International Transport Intermediaries Club (ITIC) has issued the following general advice related to the outbreak of Ebola. Vessels that have recently

LNG

VT Halter Begins Building LNG-powered ConRo Ships for Crowley

VT Halter Marine, Inc., a subsidiary of Vision Technologies Systems, Inc. (VT Systems), has commenced construction on the first of two liquefied natural gas (LNG)-powered,

Russian Minister to Intervene with Gazprom on Slovakia Gas Flow

Russia's Energy Minister Alexander Novak will intervene with Gazprom to raise reduced gas shipments to Slovakia to contracted levels, Slovakia's economy ministry

Weak Oil Threatens US Export of LNG

Plunging global oil prices may turn hopes for cheap liquefied natural gas supplies from the United States into a costly disappointment for Asian buyers who have

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Navigation Ship Electronics Ship Repair Ship Simulators Sonar Winch
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: 0.0756 sec (13 req/sec)