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United States v. M/V Big Sam

Citation: 12 ELR 20994
No. No. 81-3127, 681 F.2d 432/17 ERC 2169/(5th Cir., 07/30/1982) Aff'd in part, remanded

The Fifth Circuit rules that § 311(g) of the Federal Water Pollution Control Act (FWPCA) does not preempt the federal government's right under maritime tort law to recover oil spill cleanup costs from the owner or operator of a third-party vessel that negligently caused the discharge, but does preclude recovery of damages under the Refuse A...

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