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In re In re Oswego Barge Corp.

Citation: 12 ELR 20119
No. No. 81-6084, 664 F.2d 327/16 ERC 1777/(2d Cir., 10/20/1981)

The Second Circuit Court of Appeals rules that §311 of the Federal Water Pollution Control Act (FWPCA) preempts the federal government's right under §13 of the Rivers and Harbors Act (Refuse Act), common-law nuisance, and maritime tort law to recover from the owner of a discharging vessel the cost of cleaning up an oil spill in U.S....

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