(a) This part prescribes regulations for—
(1) Presentation, filing, processing, settlement, and adjudication of claims authorized to be presented to the Oil Spill Liability Trust Fund (the Fund) under section 1013 of the Oil Pollution Act of 1990 (the Act) (33 U.S.C. 2713) for certain uncompensated removal costs or uncompensated damages resulting from the discharge, or substantial threat of discharge, of oil from a vessel or facility into or upon the navigable waters, adjoining shorelines, or the exclusive economic zone;
(2) Designation of the source of the incident, notification to the responsible party of the designation, and advertisement of the designation and claims procedures; and
(3) Other related matters.
(b) This part applies to claims resulting from incidents occurring after August 18, 1990.
(c) Nothing in this part—
(1) Preempts the authority of any State or political subdivision thereof from imposing any additional liability or requirements with respect to—
(i) The discharge of oil or other pollution by oil within such State; or
(ii) Any removal activities in connection with such a discharge; or
(2) Affects or modifies in any way the obligations or liabilities of any person under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) or State law, including common law; or
(3) Affects the authority of any State—
(i) To establish, or to continue in effect, a fund any purpose of which is to pay for costs or damages arising out of, or directly resulting from, oil pollution or the substantial threat of oil pollution; or
(ii) To require any person to contribute to such a fund; or
(4) Affects the authority of the United States or any State or political subdivision thereof to impose additional liability or additional requirements relating to a discharge, or substantial threat of a discharge, of oil.
Notes of Decisions
Bean Dredging, LLC v. United States, 773 F. Supp. 2d 63 (D.D.C. 2011).
“See 33 C.F.R. § 136.1 et seq. The NPFC may deny a claim for reimbursement where certain conditions are not met; as is particularly relevant to the instant action, a responsible party is not eligible for reimbursement if “the incident was proximately caused by .”
Apex Oil Co., Inc. v. United States, 208 F. Supp. 2d 642 (E.D. La. 2002).
“The NPFC adjudicates claims against the Fund in accordance with the OPA and claims procedures set forth at 33 C.F.R. Part 136.1 et seq. Apex’s suit seeking review of the denial of its claim against the Government for recovery costs in this case, is limited by the framework of…”
In Re Settoon Towing LLC., 722 F. Supp. 2d 706 (E.D. La. 2009).
“Settoon has failed to carry its burden of proving that the United States’ removal costs related to the oil spill were arbitrary or capricious.”
Great Am. Ins. v. United States, 55 F. Supp. 3d 1053 (N.D. Ill. 2014).
“See 33 C.F.R. § 136.1 et seq. Within the Coast Guard, the claims adjudication process has been principally delegated to the National Pollution Funds Center (“NPFC”).”
Bean Dredging, LLC v. United States (D.D.C. 2011).
“See 33 C.F.R. § 136.1 et seq. The NPFC may deny a claim for reimbursement where certain conditions are not met; as is particularly relevant to the instant action, a responsible party is not eligible for reimbursement if “the incident was proximately caused by .”
Gatlin Oil Co. v. United States (4th Cir. 1999).
“33 CFR § 136.1 (a)(1). The Plan authorizes the Coast Guard to predes- ignate an on-the-scene coordinator to coordinate and direct federal responses to an oil spill 40 CFR Pt.”
— 33 C.F.R. § 136.1(a)(1) — 1 case
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