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

Legal

‘Blue Queen’ on First Mission

The platform supply vessel 'Blue Queen', an ULSTEIN PX121 design, was named at Ulstein Verft on Friday 27 February. The ship will be working in the spot market.

US, Australian, Indonesian Navies Commemorate Battle of Sunda Strait

Senior officials from the United States, Australia and Indonesia paid their respects to the crews of USS Houston (CA 30) and HMAS Perth (D 29) during a wreath laying ceremony March 1,

USS Jason Dunham Enters U.S. 6th Fleet

The Arleigh Burke-class guided-missile destroyer USS Jason Dunham (DDG 109) entered U.S. 6th Fleet’s area of operations in support of U.S. national security interests in Europe March 3, 2015.

LNG

EC Study on LNG as Shipping Fuel Reveals Industry Backing

As efforts to combat climate change increase worldwide, pollution stemming from maritime shipping presents a particular challenge.     The study on the perception

Vessels for the Future – New R&D Initiative

Looking ahead to 2020 and beyond, both maritime and inland waterways will be under ever increasing pressure, as we use them for transport, recreation and commercially.

Interview: Nakilat's Samir Bailouni

SGMF Membership - Uncovered: An interview with Samir Bailouni, Nakilat The Society for Gas and Marine Fuel (SGMF) recently interviewed one of its members, Samir

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Naval Architecture Pod Propulsion Salvage Ship Repair Ship Simulators Shipbuilding / Vessel Construction 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: 0.0804 sec (12 req/sec)