ELR Citation: ELR 20952
No(s). 87-3787 (5th Cir. May 5, 1989)

The court holds that the Federal Water Pollution Control Act's (FWPCA's) liability provision, §311(f), is causation-based, not fault-based, and that the third-party defense of §311(f)(1)(D) requires that an oil spill be unforeseeable. A tugboat pulling an oil barge had struck an unmarked wreck out...