United States v. M/V Big Sam: preserving a niche for the federal common law of maritime tort of oil pollution

Journal Article · Sun Jul 01 04:00:00 EDT 1984 · Insur. Couns. J.; (United States)

OSTI ID:6886964

Murway, A

When the M/V Big Sam tugboat struck an oil-carrying barge in 1975, the district court held that no tort action existed, and limited the government's claim for cleanup compensation to the Federal Water Pollution Control Act (FWPCA) and a potential yield of only $15,500. The author traces the foundations of the defendant's claim that Congress intended the FWPCA to be the government's exclusive means of recovery oil cleanup costs and, citing prior case law, discusses the arguments and applies the exclusivity test to the Fifth Circuit's decision in M/V Big Sam. She concludes that the courts viewed Congress' major goals under the FWPCA to be the elimination of oil pollution and the protection of the merchant marine from potentially uninsurable risks arising out of the nation's growing environmental consciousness. Although a potential threat to the shipping and insurance companies, the court limited its ruling to third-party vessels already protected from unlimited liability. 91 references.

• OSTI ID: 6886964
• Journal Information: Insur. Couns. J.; (United States), Journal Name: Insur. Couns. J.; (United States) Vol. 51:3; ISSN INCJB
• Country of Publication: United States
• Language: English

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