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. § 136.235

Compensation allowable

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The amount of compensation allowable is limited to the actual net reduction or loss of earnings or profits suffered. Calculations for net reductions or losses must clearly reflect adjustments for—

(a) All income resulting from the incident;

(b) All income from alternative employment or business undertaken;

(c) Potential income from alternative employment or business not undertaken, but reasonably available;

(d) Any saved overhead or normal expenses not incurred as a result of the incident; and

(e) State, local, and Federal taxes.

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Notes of Decisions
Cited in 2 cases, 2014–2020 · leading case: Am. S.S. Owners Mut. Prot. & Indem. Ass'n v. United States, 489 F. Supp. 3d 106 (E.D.N.Y. 2020).
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Am. S.S. Owners Mut. Prot. & Indem. Ass'n v. United States, 489 F. Supp. 3d 106 (E.D.N.Y. 2020). “” 33 C.F.R. § 136.235 . In order to make this showing, a claimant must furnish calculations for net reductions that clearly reflect adjustments for: “(a) All income resulting from the incident; (b) All income from alternative employment or business undertaken; (c) Potential…”
Murphy Oil USA Inc. v. United States, 8 F. Supp. 3d 811 (E.D. La. 2014). “” 33 C.F.R. § 136.235 . Thus, pursuant to the regulations, Murphy’s recovery may not be determined by simply calculating increased expenses associated with an oil spill.”
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