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In re In re Oswego Barge Corp.

Citation: 12 ELR 20400
No. No. 81-6084, 673 F.2d 47/17 ERC 1391/(2d Cir., 03/04/1982) Petition for reh'g denied

The Second Circuit denies the federal government's petition for rehearing in a case in which it previously held, 12 ELR 20119, that the Federal Water Pollution Control Act (FWPCA) preempts the government's right under common law, maritime law, or the Rivers and Harbors Act to recover costs expended in cleaning up oil spills. Though recognizing that, in cases of doubt, statutes are not to be construed to terminate the government's recourse to judicial relief, the court remains of the view that the comprehensive nature of the FWPCA evinces Congress' intent to limit the government's cause of action to recover oil spill cleanup costs to that which is specifically provided to the government in § 311 of the Act.

Counsel are listed at 12 ELR 20119.

Newman, J. joined by Van Graafeiland and Dumbauld,* JJ.