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Mercer University School of Law

2022

Mercer Law Review

Environmental Law

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Environmental Law, Travis M. Trimble May 2022

Environmental Law, Travis M. Trimble

Mercer Law Review

In 2021, the United States District Court for the Southern District of Alabama, in an issue of first impression, concluded that the United States is not a “person” under the contribution provision of the Oil Pollution Act (OPA), and therefore the provision did not waive the sovereign immunity of the United States. For this and other reasons a plaintiff could not recover in contribution from the United States for the plaintiff’s costs of cleaning up an oil spill, even where the plaintiff alleged the spill was the result of the sole negligence of the United States. The United States District …