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Fifth Circuit Confirms Right to Jury Trial Under the Oil Pollution Act

MGKF Law

May 26, 2022), the Fifth Circuit ruled that the Seventh Amendment guarantees the right to a jury trial for defendants facing subrogation and recoupment claims under the Oil Pollution Act of 1990 (the “OPA”).

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Eleventh Circuit Holds that the Oil Pollution Act Shields Federal Government From Liability

MGKF Law

On Tuesday, February 8, 2022, the Eleventh Circuit affirmed the Southern District of Alabama’s dismissal of admiralty claims against the United States for oil-removal damages holding first that Oil Pollution Act of 1990’s (“OPA”), 33 U.S.C.S. § § 2701 et. United States , Slip Op.

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U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

The Energy Law Blog

9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil Pollution Act of 1990 (“OPA”) has a statutory claim for contribution to recover purely economic damages from a partially liable third party. Marquette Transportation Company, L.L.C. , 16-30459 (5th Cir.

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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

As owner of the leaking barge, ACL was deemed the responsible party under the Oil Pollution Act of 1990 (“OPA ’90”). DRD was also prosecuted and convicted of violating federal laws in connection with its operation of vessels and destruction of evidence. American Commercial Lines, L.L.C. , 16-31150, p. 3d (5th Cir.

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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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NRDA Settlement Reached for 2014 Galveston Bay Oil Spill

The Energy Law Blog

For example, in 2021, the Department of Justice provided notice of seven consent decrees for Oil Pollution Act natural resource damages, and these consent decrees were signed anywhere from two to 15 years after the incident, and on average, nearly nine years after the incident.

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12 Legal Tools to Push Climate Preparedness

Law Columbia

Here are twelve ways the law can help society cope with these impacts. Permit conditions – Several statutes require permit holders to have and implement plans to prepare for extreme events – e.g., Clean Air Act; Clean Water Act; Oil Pollution Act; Resource Conservation and Recovery Act.