Search
  • 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.

20 views

Recent Posts

See All

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

© 2016 by Ryan & Kuehler PLLC.

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