US court finds asphalt company liable in 12-year-old oil spill on Delaware River
A US federal district court in Philadelphia has reversed a six-year-old decision in the case of a 2004 oil spill on the Delaware River.
With the reversal the court favours co-plaintiffs – Greek owners and operators of the tanker Athos I and the Department of Justice (DOJ) – relating to damages liability in the 265,000-gallon spill at Paulsboro, New Jersey.
Essentially the new ruling backs up then ship owner the Frescati Shipping Company and operator Tsakos Shipping and Trading, which claimed that when the Athos I struck an uncharted anchor on the river bed, responsibility belonged to CITGO Asphalt Refining Company (Carco) for failing in its duty to provide a safe berth.
Carco had contracted Frescati to deliver a cargo from Puerto Miranda in Venezuela, but failed to make good on its “safe berth warranty”.
Judge Joel Slomsky ordered Carco to pay Frescati $55m for the balance of its costs and half of the government’s costs of $44m.
In the original 2010 case the court denied the ship owner’s and the DOJ’s claims.
The US Coast Guard (USCG) determined, not long after the spill, that the Athos I’s crew and pilots had done nothing wrong in their approach and that they had not violated any regulations. It even issued a letter commending the firms for their prompt and co-operative response to the spill.
