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Hollywood Marine, Inc. v. United States

Citation: 11 ELR 20679
No. No. 80-1160, 451 U.S. 994/15 ERC 2107/(U.S., 05/29/1981) Cert. denied

Justice Rehnquist dissents from the United States Supreme Court's denial of a petition for certiorari in a case in which the Fifth Circuit Court of Appeals held, 10 ELR 20718, barge owners liable for oil spill cleanup costs under § 311 of the Federal Water Pollution Control Act on the ground that the operator of a tugboat in control of the barge at the time of the discharge is not a third party for purposes of § 311. Justice Rehnquist notes that the Fifth Circuit's holding is inconsistent with a district court holding in a factually similar case and suggests that the Fifth Circuit has misconstrued the statute. He would give the issue plenary consideration at this time since the problem will undoubtedly arise again.

Counsel for Petitioner
Thomas A. Brown
Brown, Sims & Ayre
2000 S. Post Oak Rd., Suite 1735, Houston TX 77056
(713) 629-1580

Counsel for Respondent
Lawrence G. Wallace, Acting Solicitor General
Department of Justice, Washington DC 20530
(202) 633-2211