Legal Opinion
United States v. Independent Bulk Transport, Inc.
District Court, S.D. New York
Decided May 29, 1975No. 74 Civ. 2257PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM
FRANKEL, District Judge.
Plaintiff United States sues for civil penalties administratively adjudged by the Coast Guard for one alleged and one admitted oil spill from defendant’s tank barge in March and May 1973, respectively. Upon facts largely undisputed, the court has cross-motions for summary judgment posing issues of administrative procedural law.
The case arises under § 311(b) of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. § 1321(b), subsection (3) of which prohibits oil discharges on navigable waters and subsection (6) of which says:
“Any owner or…
2Cases cited28 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
- Crowell v. BensonSupreme Court of the United States · 1932
- Greene v. McElroySupreme Court of the United States · 1959
- Morgan v. United StatesSupreme Court of the United States · 1938
23 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Tug Ocean Prince, Inc. v. United StatesDistrict Court, S.D. New York · 1977
- United States v. General Motors CorporationDistrict Court, D. Connecticut · 1975
- United States v. Atlantic Richfield Co.District Court, E.D. Pennsylvania · 1977
- United States v. Independent Bulk Transport, Inc.District Court, S.D. New York · 1979
- United States v. Healy Tibbitts Construction CompanyCourt of Appeals for the Ninth Circuit · 1983
3 more not listed; retrieve them via the Exa API.