Fifth Circuit Affirms Negligent Party Contribution under the Oil Pollution Act

Settoon Towing, L.L.C. v. Marquette Transp. Co., L.L.C. (In re Complaint of Settoon Towing, L.L.C.), 2017 U.S. App. LEXIS 10388A new decision interpreting the Oil Pollution Act (OPA) was released Monday evening by the Fifth Circuit Court of Appeals. In this case, the M/V HANNAH C. SETTOON collided with the M/V LINDSAY ANN ERICKSON, spilling 750 barrels of crude oul into the Mississippi River.  Settoon was designated the responsible party by the Coast Guard for the initial clean up and remediation. Thus Settoon initially paid all expenses under the strict-liability scheme provided by the OPA.However, the district court found that both Settoon and Marquette Transportation, the owner of the M/V LINDSAY ANN ERICKSON, were negligent. The issue on appeal was whether Settoon could receive contribution from Marquette under the OPA for the cleanup costs of the spill when both were found to be negligent at the district court level. The Fifth Circuit affirmed the lower court's decision and allowed contribution.This is the first decision of its kind between the designated responsible party and an additional party. A more detailed report on this decision will soon follow. Attached please find a link to the Fifth Circuit decision.http://www.ca5.uscourts.gov/opinions/pub/16/16-30459-CV0.pdf