Legal Opinion
In Re the Complaint of Hokkaido Fisheries Co.
District Court, D. Alaska
Decided February 4, 1981No. Civ. A 80-137, A 80-199PublishedCited by 13 opinions
1Opinion of the Court
OPINION AND ORDER
FITZGERALD, District Judge.
The government’s motion to file a claim outside of limitation in admiralty raises one issue. Does the Clean Water Act of 1977 1 give the United States a right, as a matter of law, to file claims for recovery of costs of oil pollution cleanup outside of a shipowner’s action for exoneration from or limitation of liability. 2 I conclude that the government may file separate claims under the CWA for costs of cleanup.
The LEE WANG ZIN and the RYUYO MARU NO. 2 went aground in the territorial waters of Alaska in separate incidents late in 1979, and both…
2Cases cited6 opinions
- Just v. ChambersSupreme Court of the United States · 1941
- Farrell Lines Inc. v. JonesCourt of Appeals for the Fifth Circuit · 1976
- United States v. Dixie Carriers, Inc., and Water Quality Insurance Syndicate, in Personam and M/v Dixie Buccaneer and T/b Abc 2311, in RemCourt of Appeals for the Fifth Circuit · 1980
- Chinese Maritime Trust, Ltd. v. Panama Canal CompanyCourt of Appeals for the Second Circuit · 1973
- United States v. Dixie Carriers, Inc.District Court, E.D. Louisiana · 1978
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re The Glacier BayCourt of Appeals for the Ninth Circuit · 1991
- Oswego Barge Corporation v. Oswego Barge CorporationCourt of Appeals for the Second Circuit · 1981
- In the Matter Of: The Complaint of Metlife Capital Corp., Etc., Commonwealth of Puerto Rico v. M/v Emily S., Etc., in the Matter Of: Bunker Group, Inc., Commonwealth of Puerto Rico v. M/v Emily S., Etc.Court of Appeals for the First Circuit · 1997
- United States v. CF Industries, Inc.District Court, D. Minnesota · 1982
- In Re Lloyd's Leasing Ltd.District Court, S.D. Texas · 1990
8 more not listed; retrieve them via the Exa API.