• Mark Ryan

A New OPA Cost-Recovery Case

This new case from the Second Circuit was a close-call statutory interpretation case that involved what appears to be some very good lawyering on both sides, and shows how broadly courts tend to construe environmental statutes.

Power Authority v. M/V Ellen S. Bouchard, ___ F. 3d ___, 2020 WL 4355268 (2nd Cir. 2020) (reversing district court in action by cable owner to recover response costs, held that undersea cable containing dielectric fluid that was ruptured by a ship’s anchor is a “facility” that is “used for” one of the enumerated purposes in OPA, 33 U.S.C. § 2701(9))

If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

22 views0 comments

Recent Posts

See All

Quick Presidential Action on WOTUS

As expect, the ship is turning directions under the new Biden administration. In one of his first executive orders entitled "Executive Order on Protecting Public Health and the Environment and Restori

New Fifth Circuit Decision

The case below follows a long line of 505(b)/309(g)(6) cases addressing whether the state law is similar enough to the CWA to provide a bar to federal court prosecution. The courts have frequently rea

Dave Ross Interview in E&E

All of us who work in the CWA know the name Dave Ross. He headed up the EPA Office of Water under the Trump administration. Regardless of what you think of the work he did, he was by any measure produ

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black