United States First Circuit

33 USC 1321(j)(1) requires a Spill Prevention Control and Countermeasures Plan when there is any reasonable possibility of oil reaching navigable waters, even if the actual path taken by the oil was not itself foreseeable.

Appellate Information

• Decided 04/11/2001
• Published 04/11/2001

Judges

• LYNCH, Circuit Judge., Before SELYA, LYNCH and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Martha C. Gaythwaite and Friedman Babcock & Gaythwaite on brief for petitioner.


• For Appellees:
  
• Lois J. Schiffer, Assistant Attorney General, and D. Judith Keith, Trial Attorney, Environmental & Natural Resources Division, of the Environmental Defense Section, U.S. Department of Justice, and Andrew Gordon, David Drelich, and Tonia Bandrowicz, of the Environmental Protection Agency, on brief for respondent.