United States v. Oswego barge corporation∗

Abstract

The Federal Water Pollution Control Act (FWPCA) holds polluters liable to the federal government for costs incurred in cleaning up an oil spill, but there is a dollar limit on the amount the government can recover from the responsible vessel owner or operator for its actual cleanup costs. In United States v. Oswego Barge Corporation the Second Circuit Court applied an earlier holding to claims based on traditional maritime law, federal common law of nuisance, and the Refuse Act for costs incurred in cleanup by the federal government, and concluded that they were preempted by the FWPCA. The author discusses the facts of the Oswego oil spill and the analysis used by the court. He concludes that the government's source of compensation is limited to the frequently inadequate provisions of the FWPCA. 51 references.