• 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))

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EPA/Corps WOTUS JD Tools

Yesterday, I wrote about the difficulty of determining whether a stream is intermittent or ephemeral under the new WOTUS rule, and I mentioned some computer models that are under development at the ag

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