United States v. M/V BIG SAM

HEEBE, Chief Judge:

On its own motion, this Court heard oral argument and received additional memoranda relative to reconsideration of its ruling of May 9, 1978, as it relates to a determination of two issues: whether or not the United States has a cause of action for recovery of its actual expenses incurred in oil clean-up operations based on a maritime tort of oil pollution; what the interaction is between the Refuse Act of the Rivers and Harbors Act of 1899, 33 U.S.C. §§ 407, 411-12, and the Federal Water Pollution Control Act of 1972, 33 U.S.C. § 1251, et seq. Contrary to our decision,…