Clam Beds Damaged by Oil Spilled from Airport Not Maritime Jurisdiction

Clam Beds Damaged by Oil Spilled from Airport Not Maritime Jurisdiction

By: Jamie Johnson

Denehy v. Mass. Port Auth., 2014 WL 4402960, 2014 U.S. Dist. LEXIS 124627 (D. Mass., Sept. 4, 2014)

Action Stayed Pending Presentment under OPA 90Due to the negligence of an employee of a company at Logan Airport in Boston, jet fuel spilled into Boston Harbor allegedly resulting in damage to clam beds. Claims were filed initially with the Oil Spill Liability Trust Fund as no Responsible Party was initially designated. No claims were paid by the Fund. Almost 3 years passed before the Coast Guard designated both the airport and the employer of the employee as joint responsible parties. Claims were filed with both by the claimants and denied by one party with no response by the other. The suit for economic damages was filed, alleging the court had admiralty jurisdiction.The district judge granted the defendant’s motion to dismiss for lack of admiralty jurisdiction on the basis that the refueling of the aircraft at the airport was not traditional maritime activity. In addition, neither the operations of the company that refueled the aircraft nor that of the airport have a substantial relation with traditional maritime activity.The plaintiffs also alleged claims under OPA 90. The defendants moved to dismiss for failure to satisfy the presentment requirement of the Act. Here, suit was filed shortly before the 3 year statute of limitations ran and less than a month after claims were filed with the responsible parties. The trial court then stayed the suit until either the two defendants deny the claims or until 90 days from publication of the opinion passed, whichever is earlier.