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U.S. Fifth Circuit Affirms $20 Million Judgment Against Barge Owner as Responsible Party Under the Oil Pollution Act of 1990

The Energy Law Blog

Factual Background In July of 2008, nearly 300,000 gallons of oil spilled into the Mississippi River in New Orleans when a tugboat towing an oil-filled barge veered across the river into the path of an ocean-going tanker. Case: United States v. American Commercial Lines, L.L.C. , 16-31150, F.3d 3d (5th Cir. 16-31150, p.

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Fifth Circuit Reverses Summary Judgment in Oil Pollution Act Case

The Energy Law Blog

30, 2010), the Fifth Circuit reversed the district court’s finding of summary judgment on liability under the Oil Pollution Act of 1990 (“OPA”). Laurin Maritime (America), Inc. 2010 WL 5421015 (5th Cir. Accordingly, summary judgment was proper in favor of the Tanker Owner.

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Violations of Environmental Terms in Federal Oil and Gas Lease Insufficient to Support a Claim under the False Claims Act

The Energy Law Blog

06-31238, 2008 WL 588745 (5th Cir. 2008), the Fifth Circuit Court of Appeals affirmed the district court’s decision to dismiss a qui tam action brought under the Federal Claims Act (FCA). Moreover, the speculative fines at issue did not arise directly out of the government lease, but arose out of general environmental laws.

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