38 U.S.C. § 1321
Certifications with respect to pay grade
The Secretary concerned shall, at the request of the Secretary, certify to the Secretary the pay grade of deceased persons with respect to whose deaths applications for benefits are filed under this chapter. The certification of the Secretary concerned shall be binding upon the Secretary.
Notes of Decisions
Cited in 8
cases, 1980–2014 · leading case: United States v. City of Redwood City, California & Albert v. Pinotti, Individually & Dba the People's Police Patrol, 640 F.2d 963 (9th Cir. 1981).
United States v. City of Redwood City, California & Albert v. Pinotti, Individually & Dba the People's Police Patrol, 640 F.2d 963 (9th Cir. 1981). “Such a recovery was brought under the FWPCA, 38 U.S.C. § 1321 (g). 6 Appellees claim 33 U.”
Pepperell Assocs. v. United States Env't Prot. Agency, 246 F.3d 15 (1st Cir. 2001). “Count Three alleged that on October 17, 1996, Pepperell discharged oil in harmful quantities into a navigable water of the United States in violation of 38 U.S.C. § 1321 (b)(3). For these three violations, the EPA sought a total penalty of $47,930.”
Shell Gulf of Mexico Inc. v. Ctr. for Biological Diversity, Inc., 771 F.3d 632 (9th Cir. 2014). “A recent Arctic drilling dispute concerns Shell’s compliance with the Oil Pollution Act, 38 U.S.C. § 1321 (j). Under the Oil Pollution Act, Shell must file an oil spill response plan with the Bureau and obtain the Bureau’s approval for that plan- prior to handling, storing, or…”
Pickens v. Kanawha River Towing, 916 F. Supp. 702 (S.D. Ohio 1996). “” 38 U.S.C. § 1321 (b)(3). The M/V Muskogee is a vessel regulated by the CWA The regulations define a vessel as “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water-” 40 C.”
State v. Hazelwood, 866 P.2d 827 (Alaska 1993). “1 The federal reporting requirement for oil and hazardous substance discharges, 38 U.S.C. § 1321 (b)(5), includes a statutory grant of immunity from criminal prosecution.”
Montauk Oil Transp. Corp. v. S.S. Mut. Underwriting Ass'n (Bermuda), 859 F. Supp. 669 (S.D.N.Y. 1994). “8 38 U.S.C. § 1321 (p)(3). Steamship argues that the arbitration clause is a “defense” it is entitled to invoke against the government claimants.”
United States v. Hollywood Marine, Inc., 487 F. Supp. 1211 (S.D. Tex. 1980). “” 38 U.S.C. § 1321 (f)(1)(D). In Burgess v.”
United States v. ATP Oil & Gas Corp., 955 F. Supp. 2d 616 (E.D. La. 2013). “Second, [Infrastructure Partners] only argues that the discharges were “anticipated,” not that the discharges were “anticipated intermittent” discharges under the statute, 38 U.S.C. § 1321 (a)(2)(C); to argue “intermittent,” of course, would have been at direct odds with its…”
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