ELR Citation: ELR 20046
No(s). 469-80L (Ct. Cl. Mar 30, 1982)

The court denies reimbursement under §311 of the Federal Water Pollution Control Act (FWPCA) to an insurer for the cost of cleaning up an oil spill caused by vandals because it failed to show that its insured took all reasonable precautions to prevent the spill. Section 311(i)(1) of the FWPCA allows reimbursement for spills caused solely by the acts or omissions of a third person. The court rules that an owner or operator whose involvement in a spill is so indirect or insubstantial as not to constitute a contributing cause will be excused from liability. However, the court holds that plaintiff failed to meet its burden of showing that the precautions it took were all that were reasonably required.

Counsel for Plaintiff
Michael R. Eckhart
2801 Far Hills Ave., Dayton OH 45419
(513) 298-6628

Counsel for Defendant
Nancy J. Marvel; Carol E. Dinkins, Ass't Attorney General
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-5260

Before Davis, Nichols, and Kashiwa, JJ.: