ELR Citation: ELR 20505
No(s). 13-111 (D. Me. Mar 22, 1974)

The court denies motions to dismiss class actions brought against the federal government (under the Suits in Admiralty and Public Vessels Acts) on behalf of commercial fishermen and private property owners for injuries stemming from the Coast Guard's negligent containment and cleanup of the Casco Bay oil spill. Similar actions brought under the Rivers and Harbors Act of 1899 and the Water Quality Improvement Act are dismissed for lack of standing, since neither act provides for private causes of action against the United States for negligence. Suit by the tanker Tamano for contribution by the United States as a joint tortfeasor is sustained in view of the fact that the Coast Guard's negligent placement caused the grounding that resulted in the spill, but a similar suit for indemnification is dismissed. The court also rules that the United State is not liable on the theory of breach of an alleged warranty of workmanlike performance in the conduct of its pollution abatement activities.

Counsel for Plaintiffs
Theodore H. Kurtz
John A. Graustein
Richard A. Spencer
Drummond, Wescott & Woodsum
465 Congress Street
Portland, ME 04111

James B. Flaker
Perkins, Thompson, Hinckley, Thaxter & Keddy
192 Middle Street
Portland, ME 04112

Norman S. Reef
Reef & Mooers
Suite 101, 482 Congress Street
Portland, ME 04111

Warren E. Winslow
443 Congress Street
Portland, ME 04111

Charles W. Smith
%smith, Elliot, Wood & Nelson, P.A.
199 Main Street
Saco, ME 04072

Michael B. Latti
Morris D. Katz
89 State Street
Boston, MA 02109

Counsel for Defendant
Benjamin Thompson
Thomas R. McNaboe
James P. Lansing
85 Exchange Street
Portland, ME 04111

Fred C. Scribner
Ralph I. Lancaster, Jr.
Pierce, Atwood, Scribner, Allen & McKusick
One Monument Square
Portland, ME 04111

John A. Mitchell
Verrill, Dana, Philbrick, Putnam & Williamson
Two Canal Plaza
Portlant, ME 04112

Joseph C. Smith
Burlingham, Underwood & Lord
25 Broadway
New York, NY 10004

Counsel for United States
Allen van Emmerick
Emmet B. Lewis
Department of Justice
Washington, DC 20530

Peter Mills U.S. Attorney
Federal Building
76 Pearl Street
Portland, ME 04111

Counsel for State of Maine
Jon A. Lund Attorney General
Martin L. Wilk Asst. Attorney General
Portland, Maine