Trico Marine Operators, Inc. v. Dow Chemical Company

809 F.Supp. 440 (1992)

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Nature of the Case

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Facts

The M/V LISA C, owned by Childress Co., Inc., was engaged in towing three barges chartered to D and owned by Security Pacific Equipment Leasing, Inc. (D). Due to rough seas, the LISA C and the tow, which was loaded with benzene, broke up. The Coast Guard sent out a distress call to any vessels in the vicinity to assist in the recapture of the barges. Six vessels, including two owned by P and one owned by Sea Mar Operators, Inc. (P), responded to the call and rounded up the barges. Two other vessels attempted to render assistance but were unsuccessful. Ps contend that they prevented an environmental disaster by preventing any benzene from escaping from the barges and causing damage to the environment. They seek an award for the averted liability that Ds would have faced, including statutory liability under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. § 9601 et seq., and the Oil Pollution Act (OPA), 33 U.S.C. § 2701 et seq. Ds filed a partial summary judgment, seeking a ruling that Ps cannot recover damages for averted liability. Ds note that no American court has recognized the concept of liability salvage.