ELR Citation: ELR 20983
No(s). 84 Civ. 7737 (GLG) (S.D.N.Y. Jul 11, 1985)

The court holds that in an action brought by the United States under §311(f)(1) of the Federal Water Pollution Control Act (FWPCA) to recover expenses incurred in cleaning up an oil spill the appropriate statute of limitations is determined by 28 U.S.C. §2415, and that the appropriate limitation is six years. The court first holds that the applicable statute of limitations is established by 28 U.S.C. §2415. The FWPCA does not specify a statute of limitations for cleanup actions brought by the government under §311(f)(1), but the purpose behind §2415 was to establish statutes of limitations for a wide range of governmental tort and contract claims. There is no reason why the government should not be required to bring a claim withina reasonable time, as are private individuals. The court concludes that language in FWPCA §311(f)(1) providing that a discharger shall be liable to the government "notwithstanding any other provision of law" applies to conflicts between FWPCA and the Limitation of Shipowner's Liability Act and not to time bars. The court then rules that the appropriate statute of limitations under §2415 is the six-year contract limit, not the three-year tort limit. Although the oil spill could be characterized as a tort, the government's action here is essentially one for restitution and is therefore quasi-contractual.

Counsel for Plaintiff
Richard K. Willard, Acting Ass't Attorney General
Civil Division
Department of Justice, Washington DC 20530
(202) 633-3333

Rudolph W. Giuliani, U.S. Attorney
One St. Andrews Plaza, New York NY 10007
(212) 791-0055

Counsel for Defendant
Sheldon A. Vogel, John M. Woods
Thacher, Proffitt & Wood
40 Wall St., New York NY 10005
(212) 483-5800