United States v. West of England Ship Owner's Mutual Protection & Indemnity Ass'n (Luxembourg)

KING, Circuit Judge:

The tug Aline B, towing a barge, headed northbound on a navigable stretch of the Atchafalaya River, outside a channel maintained by the Corps of Engineers. The barge struck an unmarked wreck and discharged oil. After the owner of the barge refused responsibility for the discharge, the United States removed the oil and sued the owner under 33 U.S.C. § 1321(f)(1) of the Federal Water Pollution Control Act for the cost of cleanup. The district court held the defendants liable, finding that the tug’s non-negligent decision to navigate outside the channel was a contributing…