In a decision of first impression interpreting the meaning of “operating” under the Oil Pollution Act of 1990 (“OPA,” 33 U.S.C. §§2701 et seq.), the U.S. Fifth Circuit held the owner and operator of a tugboat liable as the “responsible party” for a spill emanating from a tank barge in its tow, and consequently
In Alfred v. Anadarko Petroleum Corporation et al., No. 13-211, 2014 WL 6633105 (M.D. La. November 21, 2014), newly-minted Judge John W. DeGravelles re-affirmed the spirit of Romero v. Mobil Exploration, 939 F.2d 307, 311 (5th Cir. 1991), holding that the reinvented SEMS II rules (Safety and Environmental Management Systems) found in the
In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee under the Longshore and Harbor Workers’ Compensation Act 33 U.S.C.A. § 901 et seq (“LHWCA”), specifically 905(b), is entitled to a subrogation lien against the