Travelers Insurance v. United States

OPINION

SPECTOR, Senior Judge.

Plaintiff insurance carrier is subrogated to the claim of its insured, Nordstrom Oil Company, the owner and operator of an oil tank facility at Onancock, Virginia. The claim arises out of section 1321(i)(1) of the Federal Water Pollution Control Act1 which provides in pertinent part that:

In any case where an owner or operator of a vessel or an onshore facility or an offshore facility from which oil or a hazardous substance is discharged in viola*759tion of subsection (b)(3) of this section acts to remove such oil or substance in accordance with regulations promulgated…