ELR Citation: ELR 20448
No(s). 546-71 (D.D.C. Sep 2, 1971)

Georgetown University found not guilty of Refuse Act violation in connection with spillage of oil into Potomac River from heating and cooling plant under construction where testing of system was under exclusive control of independent contractor. University employee who failed to turn system off was borrowed servant under rules of agency acting at direction of independent mechanical contractor. Despite rule of strict liability under Refuse Act adopted by several previous courts, here no such liability was mandated by Congress where defendant could not, through exercise of due diligence, have protected the public.

Counsel for United States:
Oliver A. Houck, Assistant U.S. Attorney
U.S. Courthouse
John Marshall Place & Constitution Avenue, NW
Washington, DC 20001
(202) 655-4000

Counsel for Georgetown University:
Brendon V. Sullivan Jr.
Williams, Connolly & Califano
1000 Hill Building
839 17th Street, NW
Washington, DC 20036
(202) 638-6565