News & Analysis as of

Oil Pollution Act of 1990 (OPA 90) Strict Liability

Cozen O'Connor

Submarine Power Transmission Cables Subject to OPA

Cozen O'Connor on

The U.S. Court of Appeals for the Second Circuit recently reversed a lower court decision that held that the release of thousands of gallons of oil from a submarine power-transmission cable into Long Island Sound was not...more

Holland & Knight LLP

Supreme Court's Landmark Decision Reaffirms Popular Form Safe Berth / Safe Port Clause

Holland & Knight LLP on

Negotiating a contract, a charter party in maritime parlance, is a balance of leverage and sometimes a leap of faith. Certain issues are more important to companies than others, and for those issues, the language of clauses...more

Blank Rome LLP

U.S. Supreme Court Issues Safe Berth Warranty Decision

Blank Rome LLP on

The final decision in the ATHOS I saga has recently been issued by the U.S. Supreme Court, upholding the decision of the U. S. Court of Appeals for the Third Circuit to the effect that a plain reading of the language found in...more

Cozen O'Connor

U.S. Supreme Court Rules Safe Berth Clause is a Warranty

Cozen O'Connor on

On March 30, 2020, in Citgo Asphalt Refining Co. v. Fescati Shipping Co., Ltd., the U.S. Supreme Court held that, based on its specific wording, a charter party’s safe-berth clause constituted an express warranty of safety,...more

Baker Donelson

Don’t Fall Asleep at the Helm- 5th Circuit Goes Broad on OPA Interpretation

Baker Donelson on

In two issues of first impression, the 5th Circuit Court of Appeals read the complete defense provisions for oil spills under the Oil Pollution Act (“OPA”) to strictly construe the defenses and make them only very narrowly...more

King & Spalding

Fifth Circuit Clarifies Claim Presentment Requirements under the Oil Pollution Act of 1990

King & Spalding on

The 1989 grounding of the EXXON VALDEZ spurred Congress to enact the Oil Pollution Act of 1990 (OPA) to remedy what it believed to be a patch-work compensation scheme where liability and damages were subject to federal...more

Blank Rome LLP

U.S. Coast Guard Issues Final Rule Raising OPA 90 Liability Limits

Blank Rome LLP on

Action Item: The U.S. Coast Guard published a Final Rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the Oil Pollution Act of 1990 (“OPA 90”). The raise in liability limits also...more

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