Boca Ciega Hotel, Inc. v. Bouchard Transportation Co.

BLACK, Circuit Judge:

In this case we must decide whether the claims presentation procedure of the Oil Pollution Act of 1990 (OPA or Act), 33 U.S.C.A. §§ 2701-2761 (West Supp.1994), constitutes a mandatory condition precedent to the filing of private lawsuits under the Act. We conclude that it does and affirm. 1

I. BACKGROUND

On August 10,1993, four vessels collided in Tampa Bay, spilling thousands of gallons of oil and other oil pollutants in the process. 2 Pursuant to OPA, 3 the Coast Guard designated Appellees Bouchard Transportation (Bou-chard), as owner and operator of the vessel “Tug…