Liberian Poplar Transports, Inc. v. United States

OPINION

FUTEY, Judge.

This case is before the court on defendant’s motion for summary judgment. Plaintiff seeks reimbursement under the Clean Water Act, 33 U.S.C. § 1321® (1988), for amounts expended to cleanup oil leaked from one of plaintiff’s vessels. Plaintiff asserts that there are issues of material fact and, thus, summary judgment should be denied. Alternatively, plaintiff contends that the cause of the spill was a storm encountered by plaintiff’s vessel and that this storm constituted an act of God, one of the enumerated exceptions to liability under the Clean Water Act. In addition,…