C.F.R. » Title 33 » CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER M—MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION › PART 136—OIL SPILL LIABILITY TRUST FUND; CLAIMS PROCEDURES; DESIGNATION OF SOURCE; AND ADVERTISEMENT › Subpart C—Procedures for Particular Claims

33 C.F.R. § 136.205

Compensation allowable

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

The amount of compensation allowable is the total of uncompensated reasonable removal costs of actions taken that were determined by the FOSC to be consistent with the National Contingency Plan or were directed by the FOSC. Except in exceptional circumstances, removal activities for which costs are being claimed must have been coordinated with the FOSC.

Natural Resources
Notes of Decisions
Cited in 5 cases, 1999–2020 · leading case: Gatlin Oil Co., Inc., a North Carolina Corp. v. United States of Am. Dep't of Transp., 169 F.3d 207 (4th Cir. 1999).
Sort: Relevance Newest Treatment
Gatlin Oil Co., Inc., a North Carolina Corp. v. United States of Am. Dep't of Transp., 169 F.3d 207 (4th Cir. 1999). · cites it 2× “See 33 CFR §§ 136.205 , 136.235. Gatlin Oil is entitled to full compensation for removal costs that the federal coordinator determined were consistent with the National Contingency Plan and for costs resulting from actions he directed.”
D&B Boat Rentals Inc v. Nat'l Pollution Funds Ctr. (E.D. La. 2020). · cites it 11× “16 In its “Claim Summary/Determination,” NPFC acknowledged that the claimant, AMPOL, 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;…”
Great Am. Ins. v. United States, 55 F. Supp. 3d 1053 (N.D. Ill. 2014). “§ 2712 (a)(4); 33 C.F.R. § 136.205 . B. The Crux of the Dispute As previously indicated, § 2702(a) of OPA imposes strict liability for pollution removal costs on the responsible party, but explicitly makes that liability subject to the remaining provisions of the Act.”
Am. S.S. Owners Mut. Prot. & Indem. Ass'n, Inc. v. United States of Am. (E.D.N.Y 2020). “” 33 C.F.R. § 136.205 . Finally, Plaintiff argues that given NPFC’s acknowledgement that some of GRS’s costs were likely incurred performing compensable activities, NPFC should have at least held an inquest or evidentiary hearing, with live testimony from GRS witnesses, to…”
Gatlin Oil Co. v. United States (4th Cir. 1999). · cites it 2× “See 33 CFR §§ 136.205 , 136.235. Gatlin Oil is entitled to full compensation for removal costs that the federal coordinator determined were consistent with the National Contingency Plan and for costs resulting from actions he directed.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.