ELR Citation: ELR 20162
No(s). 93-446-A (E.D. Va. Jul 14, 1993)

The court holds that it has neither diversity nor maritime and admiralty jurisdiction over claims by property owners for damages stemming from an overland pipeline oil spill, and that the owners failed to satisfy the presentation of claims requirement of §1013(a) of the Oil Pollution Act (OPA) before bringing suit. The court first dismisses the owners' OPA claim. Although the owners sent a letter that purported to present an OPA claim to the company that owned and operated the pipeline, 90 days had not yet passed since they sent the letter, and the company had not yet denied all liability, one of which events must occur before the owners may commence legal action. Moreover, the letter does not "present" a claim within the meaning of the OPA because it does not provide the company with enough information to accept the claim and make a payment to settle the matter or to formulate its own settlement offer. The court next holds that it lacks diversity jurisdiction because the company reincorporated in Virginia, where the owners reside, pursuant to §163 of the Virginia Constitution. The court also holds that it lacks maritime and admiralty jurisdiction because the pipeline rupture did not occur on navigable waters and plaintiffs' tort claims bear no significant relationship to maritime activity. The creek into which some of the spilled fuel oil leaked is not a highway of commerce over which trade and travel might occur, and spills from an overland pipeline are not a traditional maritime activity and are unrelated to traditional maritime concerns. Finally, the court holds that it lacks supplemental jurisdiction over the state-law tort claims because there is no valid basis for original federal jurisdiction.

Counsel for Plaintiffs
Marc A. Busman
Busman & Busman
Fair Oaks Plaza, 11350 Random Hills Rd., Ste. 456, Fairfax VA 22030
(703) 352-7200

Counsel for Defendant
John J. Range
Hunton & Williams
2000 Pennsylvania Ave. NW, P.O. Box 19230, Washington DC 20036
(202) 955-1500