United States v. Transocean Deepwater Drilling, Inc.

I respectfully disagree with the majority opinion, which assists the United States Chemical Safety Board (“CSB”) in expanding its jurisdiction into novel territory disallowed by Congress. This is the first time, in twenty years after CSB was ordained, that the agency has sought to investigate in connection with an offshore oil spill.1 The majority’s interpretation of the Clean Air Act disregards the plain meaning of words and grammar and the most fundamental maritime concept, which is *497the definition of a vessel. To summarize my view: the Mobile Offshore Drilling Unit Deep water Horizon was a…