The Fifth Circuit Court of Appeals held that a responsible party under the federal Oil Pollution Act (OPA) could seek contribution for cleanup costs—even though they may include purely economic damages—from a partially liable third party. Longstanding maritime law does not preclude this statutory right. In re Settoon Towing LLC (5th Cir. 2017) 859 F.3d 340.
The OPA (33 U.S.C. §§ 2701-2761) establishes liability and provides for compensation for the cleanup of oil spills on the navigable waters of the United States. It provides the government and private parties a cause of action to recover response costs and damages from responsible parties. OPA imposes strict, joint and several liability on (1) a “responsible party” or parties, (2) for the facility or vessel, (3) from which oil was discharged, or from which there was a substantial threat of discharge, (4) into or upon the navigable waters or adjoining shorelines, and (5) that the discharge resulted in removal costs and damages.
In the instant action, two groups of barges heading in the same direction encountered each other on the Mississippi River near Convent, Louisiana. While attempting to pass each other, two of the barges collided and approximately 750 gallons of crude oil were released into the river. Containment and cleanup of the spill soon followed. The U.S. Coast Guard identified the owner of one of the barges as the OPA “responsible party.” That owner fulfilled its obligations under OPA for cleanup costs and third-party claims, and then...
