United States Fifth Circuit

Because oil discharged from defendants' facility spilled into waters adjacent to an open body of navigable water, it contaminated waters regulated by the federal government under the Oil Pollution Act, triggering federal regulatory jurisdiction pursuant to that Act.

Appellate Information

• Decided 12/16/2003
• Published 12/16/2003

Judges

• EDITH H. JONES, Circuit Judge:, Before REAVLEY, JOLLY and JONES, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Guy Earl Wall (argued), Wall & Bullington, New Orleans, LA, for D&C Operating Inc., Ethan Gregory Shenkman, U.S. Dept. of Justice, Environment & Natural Resources, Washington, D.C., for U.S., Charles Michael Pisano (argued), James Monroe White, III, Barkley & Thompson, New Orleans, LA, for James and Janell Needham., Stanley A. Millan (argued), Tara G. Richard, Jones, Walker, Waechter, Poitevent, Carrere & Denegre, New Orleans, LA, for St. Tammany Parish Drainage and Tammany Holding Corp., Amici Curiae., Virginia Swisshelm Albrecht (argued), Hunton & Williams, Stephen Michael Nickelsburg, Sidley, Austin, Brown & Wood, Washington, DC, for Nat. Ass'n of Home Builders, Nat. Ass'n of Realtors, Nat. Ass'n of Indus. and Office Properties, Nat. Multi Housing Council, Nat. Apartment Ass'n, Real Estate Roundtable, Building Industry Legal Defense Found., Foundation for Environmental and Economic Progress and Intern. Council of Shopping Centers, Amici Curiae.