LSI 2010 NRD Santa Fe final conference binder 072110.pdf

John K. Dema of Law Offices of John K. Dema, P.C.
Bill Jackson of Jackson Gilmour & Dobbs, PC
Scott E. Kauff of Law Offices of John K. Dema, P.C.
Speaker 16: 6
Speaker 17: 6
Speaker 18: 6
In Re Settoon Towing, LLC
(E.D. La. 2009)
2 nd Holding
In the context of a Complaint for Exoneration
from or Limitation of Liability, pursuant to the
Limitation of Liability Act, 46 U.S.C. § 181, et
seq., the court refused to dismiss an NRD claim
against a barge owner by an owner of a well
that sprayed oil into a bayou due to the well
being struck by a barge.
Note that this reasoning is based upon the
prejudice the well owner could suffer from a
dismissal due to the nature of a limitation of
liability proceeding.
Arizona v. Acme Laundry & Dry
Cleaning (D. Ariz. 2009)
Holding
Rejects CERCLA (and state law) consent
decree entered into between Arizona DEQ
and small business because the parties did
not provide the court with a preliminary
estimate of NRD although the business
unable to pay substantial damages.
Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM