C.F.R. » Title 15 » CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › SUBCHAPTER E—OIL POLLUTION ACT REGULATIONS › PART 990—NATURAL RESOURCE DAMAGE ASSESSMENTS › Subpart D—Preassessment Phase

15 C.F.R. § 990.40

Purpose

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The purpose of this subpart is to provide a process by which trustees determine if they have jurisdiction to pursue restoration under OPA and, if so, whether it is appropriate to do so.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: United States v. Ernst Jacob (D.P.R. 2023).
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United States v. Ernst Jacob (D.P.R. 2023). “See 15 C.F.R. 990.40. Three conditions must be fulfilled for trustees to determine that they possess OPA jurisdiction: (1) an incident, as defined in the regulations, must have taken place; (2) the incident must not have been the result of a permitted discharge, the discharge…”
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