In re Oil Spill by the Oil Rig 'Deepwater Horizon'

摘要

For the reasons above, the Court finds that the EPA's regulation, 40 C.F.R. § 19.4 (2010), adjusting the civil penalty in 33 U.S.C. § 1321(b)(7)(D) is valid and that the maximum CWA civil penalty that may be imposed against BPXP is $4,300 per barrel of oil discharged. For similar reasons, the Court finds that the highest maximum civil penalty that may be imposed against An-adarko Petroleum Corporation under 33 U.S.C. § 1321(b)(7)(A) is $1,100 per barrel. In light of these conclusions and the fact that the parties agree that the Coast Guard incorrectly adjusted the CWA civil penalty, the Court does not address whether the penalties in subsection (b)(7) were also within the Coast Guard's jurisdiction for purposes of the Inflation Adjustment Act.