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)

Email AddThis Feed Button Share
Maritime Reporter May 2013 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Singapore: Illegal Bunkering Activity

The Singapore Maritime and Port Authority (MPA) issued a news release stating that four persons are being charged with corrupt practices for conspiring to engage in illegal bunkering activity.

Jumping Off the Fiscal Cliff?

It’s more of a Downward Slope for Maritime, Transportation, and Energy Programs You are not alone if you are bewildered by the talk in Washington about “sequester,

Invoicing Error Lays Massive Bill on Shipbroker

ITIC revealed how an invoicing error led to a shipbroker being asked to foot the bill for a bunker supply amounting to more than three-quarters of a million dollars.

LNG

MHI : Landmark LNG Carrier Shipbuild Contract

On May 17, 2013, Mitsubishi Heavy Industries Ltd. (MHI) will sign an agreement with Mitsui O.S.K. Lines Ltd. (MOL) to build a Sayaendo series new-generation liquefied natural gas (LNG) carrier.

ABB Wins Long-Term Service Agreement

Long-term service agreement improves lifecycle cost control and fleet reliability. ABB signed a long-term Preventive Service agreement with China LNG Shipping International Co.

Middle East Natural Gas Firm, DANAGAS, Reports Strong Growth

Dana Gas PJSC, the Middle East’s largest regional private sector natural gas company, announces financial results for the first quarter ended 31 March 2013. Financial

 
 
mobi | rss feeds | archive | history | articles | privacy | contributors | top news | about us | copyright