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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. Coast Guard designated Settoon the OPA Responsible Party.

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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.

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Oil Spill Liability: OPA 90 v. the IMO’S CLC

The Energy Law Blog

Most American maritime and environmental attorneys and vessel owners are familiar with OPA 90 and oil spill liability in the United States. Similar to OPA 90, vessels required to carry insurance must carry enough to cover their potential liability for an oil spill. The CLC addresses civil liability for maritime oil spills.

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OPA Does Not Preclude State Law Claims for Additional Compensation

The Energy Law Blog

By Drew Spaniol The Eastern District of Louisiana recently held that the Oil Pollution Liability and Compensation Act (OPA), 33 U.S.C. The plaintiffs asserted claims under both OPA and state law. 2701 et seq. does not preclude a plaintiff from bringing state law claims for additional liability or compensation. Isla Corp. 4/27/07).

Law 40
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Origin of Livestock Provision in Nat. Organic Program

Vermont Law

OPA) after the growing popularity of organic foods created a need for a standardized definition and standards. Before The OPA, individual farms and third-party certifiers labeled food as organic with wildly different growing and feeding methods. The OPA delegated to the USDA the power to set the standards and certify organic foods.

Law 52
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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”). government filed suit against ACL and DRD under OPA ’90 seeking to recover the $20 million in cleanup costs incurred in connection with the spill. [1] 2704(a). 2703(a) 33 U.S.C.