ELR Citation: ELR 20029
No(s). 35-79 (Ct. Cl. Trial Div. Apr 29, 1982)

The court rules that the Minneapolis Park and Recreation Board is not entitled to recover, pursuant to §311(a)(1)(D) of the Federal Water Pollution Control Act (FWPCA), costs incurred in cleaning up an oil spill partially caused by vandalism. Initially, the court notes that plaintiff's status as a park facility is irrevelant and that the reasonableness of its actions must be measured by the standard to care applicable to a storer or handler of oil. The court holds that plaintiff's failure to take reasonable precautions to prevent or forestall vandals from immediately causing the oil spill contributed to the spill and therefore, that plaintiff is precluded from recovering its cleanup costs under §311(a)(1)(D). Plaintiff violated its duty of care, which arose when it discontinued use of its oil-burning boiler in 1959, to determine the amount of oil remaining in the storage tank and to take steps for properly dealing with that unused oil.

Counsel for Plaintiffs
Larry D. Espel
Popham, Haik, Schnobrick, Kaufman & Doty
4344 IDS Ctr., 80 S. 8th St., Minneapolis MN 55402
(612) 333-4800

Steven D. Jamar
Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brenna
2250 IDS Ctr., 80 S. 8th St., Minneapolis MN 55402
(612) 338-0661

Counsel for Defendant
David E. Dearing; Carol E. Dinkins, Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5777