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United States of America et al v. The Shipowners' Insurance & Guaranty Company Ltd. et al

Memorandum in Opposition re MOTION to Dismiss or in the Alternative, Stay Proceedings

62 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,834 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. Caterpillar Inc. v. Williams

    482 U.S. 386 (1987)   Cited 11,266 times   7 Legal Analyses
    Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"

  4. Jenkins v. McKeithen

    395 U.S. 411 (1969)   Cited 7,597 times
    Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party

  5. Tull v. United States

    481 U.S. 412 (1987)   Cited 1,014 times   20 Legal Analyses
    Holding a party had a right to trial by jury in civil claims brought by the government

  6. Davis v. Michigan Dept. of Treasury

    489 U.S. 803 (1989)   Cited 851 times   4 Legal Analyses
    Holding that "the relevant inquiry is whether the inconsistent tax treatment is directly related to, and justified by, `significant differences between the two classes'"

  7. Gillespie v. U.S. Steel Corp.

    379 U.S. 148 (1964)   Cited 2,028 times   2 Legal Analyses
    Holding that the Jones Act remedy against a deceased seaman's employer precludes recovery under state wrongful death statutes

  8. United States v. Locke

    529 U.S. 89 (2000)   Cited 438 times   3 Legal Analyses
    Holding that the presumption does not apply in areas with a "history of significant federal presence"

  9. Syntek Semiconductor Co. v. Microchip Tech., Inc.

    307 F.3d 775 (9th Cir. 2002)   Cited 238 times   5 Legal Analyses
    Holding that cancellation of a copyright registration is an administrative remedy that must be sought from the Copyright Office

  10. Environmental Defense Ctr., Inc. v. U.S.E.P.A.

    344 F.3d 832 (9th Cir. 2003)   Cited 169 times   5 Legal Analyses
    Holding that the compelled disclosure of educational materials about the hazards of stormwater discharges and the proper disposal of waste “involve[d] no compelled recitation of a message and no affirmation of belief” because “[i]nforming the public about safe toxin disposal is non-ideological,” and nothing prohibited a regulated entity “from stating its own views about the proper means of managing toxic materials”

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,633 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 881 - Forfeitures

    21 U.S.C. § 881   Cited 4,866 times   7 Legal Analyses
    Adopting five-year statute of limitations of 19 U.S.C. § 1621

  13. Section 1319 - Enforcement

    33 U.S.C. § 1319   Cited 1,157 times   18 Legal Analyses
    Providing judicial review to "[a]ny person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty"

  14. Section 1321 - Oil and hazardous substance liability

    33 U.S.C. § 1321   Cited 536 times   14 Legal Analyses
    Granting the President authority to "remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time"

  15. Section 703 - Taking, killing, or possessing migratory birds unlawful

    16 U.S.C. § 703   Cited 397 times   29 Legal Analyses
    Prohibiting anyone from bartering or offering to barter migratory birds or bird parts

  16. Section 2701 - Definitions

    33 U.S.C. § 2701   Cited 281 times   16 Legal Analyses
    Defining oil as "oil of any kind or any form," and restricting that definition only by excluding substances deemed "hazardous" pursuant to a separate statutory authority

  17. Section 2702 - Elements of liability

    33 U.S.C. § 2702   Cited 199 times   9 Legal Analyses
    Excluding certain oil spills from OPA liability

  18. Section 707 - Violations and penalties; forfeitures

    16 U.S.C. § 707   Cited 87 times   3 Legal Analyses
    Making it a felony to sell a migratory bird

  19. Section 2713 - Claims procedure

    33 U.S.C. § 2713   Cited 60 times   2 Legal Analyses
    Stating that lawsuits may be commenced if the responsible party denies liability or fails to make the payment within 90 days

  20. Section 2717 - Litigation, jurisdiction, and venue

    33 U.S.C. § 2717   Cited 51 times   1 Legal Analyses
    Providing a 90-day period of review for challenges to regulations promulgated under the Oil Pollution Act of 1990

  21. Section 19.4 - Statutory civil monetary penalties, as adjusted for inflation, and tables

    40 C.F.R. § 19.4   Cited 90 times   16 Legal Analyses
    Showing increases in section 7413(b) ’s maximum to adjust for inflation

  22. Section 110.3 - Discharge of oil in such quantities as "may be harmful" pursuant to section 311(b)(4) of the Act

    40 C.F.R. § 110.3   Cited 36 times   3 Legal Analyses

    For purposes of section 311(b)(4) of the Act, discharges of oil in such quantities that the Administrator has determined may be harmful to the public health or welfare or the environment of the United States include discharges of oil that: (a) Violate applicable water quality standards; or (b) Cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. 40

  23. Section 990.10 - Purpose

    15 C.F.R. § 990.10   Cited 6 times

    The goal of the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2701 et seq., is to make the environment and public whole for injuries to natural resources and services resulting from an incident involving a discharge or substantial threat of a discharge of oil (incident). This goal is achieved through the return of the injured natural resources and services to baseline and compensation for interim losses of such natural resources and services from the date of the incident until recovery. The purpose

  24. Section 990.64 - Unsatisfied demands

    15 C.F.R. § 990.64

    (a) If the responsible parties do not agree to the demand within ninety (90) calendar days after trustees present the demand, the trustees may either file a judicial action for damages or present the uncompensated claim for damages to the Oil Spill Liability Trust Fund, as provided in section 1012(a)(4) of OPA (33 U.S.C. 2712(a)(4) ) or seek an appropriation from the Oil Spill Liability Trust Fund as provided in section 1012(a)(2) of OPA (33 U.S.C. 2712(a)(2) ) . (b) Judicial actions and claims must