Legal Opinion

United States v. Hyundai Merchant Marine Co., Ltd. Britannia Steam Ship Insurance Association, Ltd.

Court of Appeals for the Ninth Circuit

Decided April 20, 1999No. 97-35538, 97-35820PublishedCited by 20 opinions

1Opinion of the Court

CANBY, Circuit Judge:

Hyundai Merchant Marine Co. appeals from a $1,702,553.51 damage award to the United States pursuant to the Oil Pollution Act of 1990 (“OPA”), 33 U.S.C. §§ 2701-2761. The OPA provides that a party responsible for a vessel that discharges or threatens to discharge oil into navigable waters is liable for “removal costs and damages,” id. § 2702(a), including removal costs incurred by the United States. Id. § 2701(b)(A). This appeal concerns the permissible scope of the United States’ recovery under the OPA for its response to a private party’s threatened (and to a limited…

2Cases cited7 opinions

  1. National Cable Television Assn., Inc. v. United StatesSupreme Court of the United States · 1974
  2. Commonwealth of Puerto Rico v. The Ss Zoe Colocotroni, Her Engines, Appurtenances, Etc.Court of Appeals for the First Circuit · 1980
  3. In Re Daniel R. Bucknum, Dba Bucknum, Levine & Smith, Debtor. Joe W. Moody, Bernice H. Moody v. Daniel R. Bucknum, Dba Bucknum, Levine & SmithCourt of Appeals for the Ninth Circuit · 1991
  4. Union Pacific Railroad Company v. Public Utility Commission of the State of Oregon State of OregonCourt of Appeals for the Ninth Circuit · 1990
  5. Com. of Puerto Rico v. SS Zoe ColocotroniDistrict Court, D. Puerto Rico · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. United States v. Southern California Edison Co.District Court, E.D. California · 2004
  2. United States of America v. Dico, Inc.Court of Appeals for the Eighth Circuit · 2001
  3. United States v. E.I. DuPont De Nemours & Co.Court of Appeals for the Third Circuit · 2005
  4. State v. Speonk Fuel, Inc.New York Court of Appeals · 2004
  5. United States v. Viking Resources, Inc.District Court, S.D. Texas · 2009

15 more not listed; retrieve them via the Exa API.

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