oil spill

5th Circuit Says OPA Third Party Defense Does Not Apply to Indirect Fueling Arrangements

oil spills /

The United States Court of Appeals for the Fifth Circuit recently had the opportunity to explore the scope of the Oil Pollution Act (OPA) third party defense  in Buffalo Marine Services, Inc. v. United States, 663 F.3d 750 (5th Cir. 2011). While the OPA third party defense set forth at set forth at 33 U.S.C.S. […]

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Tenant Not Liable For Inactive UST Shared With Adjacent Property

Navigation Law, oil spills, Underground Storage Tanks /

We have discussed in prior posts that New York courts have broadly construed the definition of a “discharger” under the New York Navigation Law. Even owners of property with inactive underground storage tanks (USTs) have been held liable as “dischargers” despite the fact they may have not known about the tank much less exercised any

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New Damages Trial Ordered For Vapor Intrusion

oil spills, Underground Storage Tanks /

In Sunrise Harbor Realty LLC v 35th Sunrise Corp, 2011 N.Y. App. Div. LEXIS 5834 (App. Div-2nd Dept 7/12/11), the plaintiff owned a commercial building in Copiague, New York. The plaintiff contemplated purchasing the adjacent property that contained a gas station to expand its building. A phase 2 detected petroleum-contaminated groundwater migrating onto the plaintiff

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NY Ct Upholds Oil Spill Lien Procedures

oil spills, Underground Storage Tanks /

Under article 12 of the New York State Navigation Law (Oil Spill Act), “dischargers” of petroleum are strictly liable for cleanup and removal of petroleum spills. To ensure that petroleum spills are promptly remediated, the Oil Spill Act created the State Environmental Protection and Spill Compensation Fund (Oil Spill Fund) to finance state cleanups when

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