LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Angus Macbeth of Sidley Austin LLP Speaker 24a: 9
INABILITY TO PAY
U.S. v. Hector Losada and the Andrew (S.D. Fla. 2008)
Commercial vessel run aground in area protected by the National Marine
Sanctuaries Act.
$5000 payment for response costs and damages – based on inability to pay.
Agreement not to operate vessel or engage in fishing in sanctuary for five years.
U.S. v. Dreifort (S.D. Fla 2009)
Defendants placed artificial lobster traps (“casitas”) in Florida Keys National
Marine Sanctuary
Limited ability to pay; defendants to sell property, proceeds to satisfy claim.
Agreement not to operate vessel or participate in fishing in sanctuary for five
years.
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USEFUL WEB SITE
NOAA Office of the General Counsel – NRD Consent Decrees/Settlements.
www.gc.noaa.gov/natural-officel.html;
Historic record of NRC consent decrees to which NOAA is a party.
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Law Seminars International | Natural Resource Damages | 07/16/10 in Santa Fe, NM