EPA v. CROPWELL LEASING COMPANY AND DRAVO BASIC MATERIALS COMPANY

Case summary

ON JAN. 26, 1992, A BARGE IN TOW OF THE M/V SCAUP COLLIDED WITH A BARGE IN TOW OF THE M/V DE LASALLE. THIS COLLISION OCCURRED AT THE INTERSECTION OF THE INTRACOASTALWATERWAY AND THE WAX LAKE OUTLET, NEAR MORGAN CITY, LA. THE IMPACT CAUSED THE BARGE NMS 1905 IN TOW OF THE M/V DE LASALLE TO SPILL ABOUT 100, 000 GALLONS OF STYRENE, A CERCLA HAZARDOUS SUBSTANCE, INTO THE INTRACOASTAL WATERWAY. THE M/V SCAUP WAS OWNED BY THE CROPWELL LEASING COMPANY, AND CHARTERED TO DRAVO BASIC MATERIALS COMPANY, INC. (HEREINAFTER COLLECTIVE- LY DRAVO). THE M/V DE LASALLE WAS OWNED BY NATIONAL MARINA SERVICES INC.AND CHARTERED TO B & H TOWING, INC. (HEREIN- AFTER COLLECTIVELY NMS). THE BARGE NMS 1905, FROM WHICH THE HAZARDOUS SUBSTANCE WAS SPILLED, WAS OWNED BY NMS. A SHORT TIME AFTER THE COLLISION, BOTH DRAVO AND NMS FILED LIMITATION OF LIABILITY PROCEEDINGS PURSUANT TO THE SHIPOWN- ER'S LIMITATION OF LIABILITY ACT, 46 U.S.C. APP. SEC. 183 ET SEQ. THESE LIMITATION PROCEEDINGS WERE ORDERED CONSOLIDATED IN MAY 1992. THE GOVERNMENT HAS FILED A CERCLA CLAIM, UNDER 42 U.S.C. SEC. 9607, AGAINST THE DISCHARGING VESSEL, AND THAT CASE WAS CONSOLIDATED WITH THE CASE AGAINST THE NONDIS- CHARGING VESSEL. THE GOVERNMENT FILED A CLAIM AND ANSWER IN DRAVO'S LIMITA- TION PROCEEDING, SEEKING NATURAL RESOURCES DAMAGES AND RE- MOVAL COSTSPURSUANT TO CERCLA, 42 U.S.C. SEC. 9607, THE FED- ERAL WATER POLLUTION CONTROL ACT (FWPCA), AND THE GENERAL MARITIME LAW. AFTER EXTENSIVE MOTION PRACTICE, IN SEPT. 1992 , THE DISTRICT COURT GRANTED SUMMARY JUDGEMENT TO DRAVO (THE NONDISCHARGING VESSEL) WITH RESPECT TO THE GOVERNMENT'S CER- CLA CLAIMS, AND GRANTED THE GOVERNMENT'S REQUEST FOR A VOL- UNTARY DISMISSAL OF ALL FWPCA CLAIMS. THEN IN OCT. 1992, THE COURT ALSO DISMISSED THE GOVERNMENT'S GENERAL MARITIME LAW CLAIMS WHICH THE GOVERNMENT HAD ASSERTED AGAINST DRAVO IN THE LIMITATION PROCEEDINGS. THE GOVERNMENT FILED AN APPEAL WITH THE FIFTH CIRCUIT COURT OF APPEALS. THE SOLE ISSUE UN- DER APPEAL WAS THE PROPRIETY OF THE COURT'S OCT. 1992 ORDER. THE FIFTH CIRCUIT COURT OF APPEALS HELD, ON OCT. 29, 1993, THAT THE SAVING CLAUSE OF CERCLA, 42 U.S.C. SEC. 9652(D), PRESERVED THE GOVERNMENT'S RIGHT TO ASSERT GENERAL MARITIME CLAIMS AGAINST THE OWNER AND CHARTERER OF THE NONDISCHARGING VESSEL. FACILITY I.D. LAD985225366.

Defendants (4)

• B & H TOWING
• CROPWELL LEASING COMPANYNamed in complaintNamed in settlement
• DRAVO BASIC MATERIALS COMPANY, INC.
• NMS, INC.

Facilities (1)

• STYRENE SPILL MORGAN CITY

  MM 108 IC WW, MORGAN CITY, LA, 70380

  Registry ID: 110009289000

Statutes cited

• CERCLA 107 — Superfund

Enforcement conclusions (1)

• CROPWELL LEASING COMPANY AND DRAVO BASIC MATERIALSentered 1995-02-17

  Primary law: CERCLA

Timeline (5 milestones)

• 1993-10-29Complaint Filed/Proposed Order
• 1994-05-10Enforcement Action Data Entered
• 1995-02-17Final Order Issued
• 1995-02-17Compliance Achieved
• 1995-02-17Enforcement Action Closed