Commonwealth Of Puerto Rico v. The Ss Zoe Colocotroni

628 F.2d 652 (1st Cir. 1981)

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Nature of the Case

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Facts

D, a tramp oil tanker, ran aground on a reef three and a half miles off the south coast of Puerto Rico. The captain ordered the dumping of more than 5,000 tons of crude oil into the surrounding waters. This generated an oil slick four miles long, and a tenth of a mile wide. It came ashore at an isolated peninsula on the southwestern tip of the island-a place called Bahia Sucia. As the tide ebbed and flowed, oil entered the tidal flats behind the mangrove fringe, coating the roots of mangroves growing deeper in the forest and soaking into the sediments. A massive cleanup operation, coordinated by the United States Coast Guard and several Commonwealth agencies, commenced. By March 29, approximately half the amount spilled had been recovered. Large amounts of contaminated sands-totaling about 4,500 cubic-yards were removed from the beach area by bulldozer and by hand. At the end of April, the major remaining cleanup efforts were halted, and all further efforts were discontinued after September 24. Despite the cleanup, oil continued to be present in Bahia Sucia, especially in the stand of mangroves on the west side of the bay. The Commonwealth (Ps) instituted the present action invoking the admiralty jurisdiction of the district court. A six-week trial, addressed solely to damages, commenced on November 7, 1977. Expert witnesses testified on the impact of the oil spill on Bahia Sucia, the toxic effects of the oil, and the extent to which oil was still present four years after the spill. Other experts then presented proposals for restoring the area and testified to the costs that would be involved. A Dr. Sorenson also presented a summary of P's claims for damages, including the Commonwealth's uncontested claim for cleanup expenses of $78,108.89, the $7.5 million for sediment removal and mangrove replanting, and Dr. Sorenson's own estimate of $5,526,583 as the replacement value of the invertebrate organisms killed by the oil spill. Ds presented considerable expert testimony that was no longer any major toxic effects on the environment. There were substantial signs of natural regeneration among the mangroves, and the area would be restored by natural processes within ten to fifteen years, if not less. The total of defendants' proposed remedial measures was just under $ 1 million. The court found in part that D was liable for the loss of the marine life. It used the lowest replacement cost, and attaching damages only to the lost marine animals in the West Mangrove area, it found the damages caused by Ds to amount to $5,526,583.20 for marine life only. Ds appealed. Ds contend the damages must be based on the diminution in value of the land whose value could not exceed $5000 per acre.