33 C.F.R. § 136.203
Proof
In addition to the requirements of Subparts A and B of this part, a claimant must establish—
(a) That the actions taken were necessary to prevent, minimize, or mitigate the effects of the incident;
(b) That the removal costs were incurred as a result of these actions;
(c) That the actions taken were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC.
Notes of Decisions
Cited in 1
case, 2014–2014 · leading case: BP Am. Inc. v. Chustz, 33 F. Supp. 3d 676 (M.D. La. 2014).
BP Am. Inc. v. Chustz, 33 F. Supp. 3d 676 (M.D. La. 2014). “See 33 C.F.R. §§ 136.203 , 136.205. The plaintiffs counter that as a “responsible party,” BP cannot recover any removal costs from the Oil Spill Liability Trust Fund, regardless of the Federal On-Scene Coordinator’s approval or disapproval.”
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