Reliance Insurance v. United States

This case involves an action by plaintiff to recover from defendant the costs incurred in the cleanup and removal of oil spilled into one of the navigable waterways of the United States. Jurisdiction is based on the Federal Water Pollution Control Act, as amended in 1972, Pub. L. No. 92-500, sec. 2, title III, § 311(i)(l), 86 Stat. 868, 33 U.S.C. § 1321(i)(l) (1976).1 The specific question presented is whether the oil spill "was caused solely by * * * an act or omission of a third party” within the meaning of section 1321(i)(l)(D). The case is now before the court on cross-motions for summary…