我的国际法案例PT.ppt

墨西哥湾溢油污染案审判流程 LOREM IPSUM DOLOR 审判流程图 Feb. 22, 2012. United States District Court,E.D.Louisiana. 01 Background: In suit arising from an oil spill in the Gulf of Mexico, three companies in oil industry filed cross-motions for partial summary judgment regarding their liability to United States under the Oil Pollution Act (OPA) and the Clean Water Act (CWA). United states filed cross-motion for partial summary judgment. 在墨西哥湾溢油诉讼中，三家石油企业提出了在《清洁水法案》和《油污染法案》下关于他们的责任分配的即决判决的交叉动议。美国也提出了关于部分解决判决的交叉动议。 Holdings: The District Court, Carl Barbier, J., held that: 1 Oil Pollution Acts (OPA) limits of liability applied to oil discharged from both an offshore facility, and appurtenances 2 owners of offshore facility from which oil discharged into subsurface of Gulf of Mexico were liable for civil penalties under Clean Water Act (CWA); owner or operator of mobile offshore drilling unit (MODU) was not primarily liable under the CWA unless it was an “operator” of the offshore facility within meaning of CWA or a “person in charge” of the offshore facility. Motions granted in part and denied in part. Sept. 4, 2014United States District Court,E.D.Louisiana. 01 02 Bacnkground：United States, states of Louisiana and Alabama, and numerous private individuals and business brought action against leaseholder of deepwater oil drilling site, owner and operator of Deepwater Horizon drilling rig, cementing and mudlogging services contractor, and manufacturer of rigs blowout preventer, alleging violations of Clean Water Act and Oil Pollution Act in relation to blowout at rig, which caused rig to capsize and significant oil discharge into Gulf of Mexico. Operator impleaded other parties whom it alleged to be partially or wholly liable. Court adopted multi-phased approach to case, and, after granting governments partial summary judgment motion, 844 F.Supp.2d 746, as to whether Oil Pollution Acts liability limits applied, court conducted “Incident Phase” trial with respect to certain claims. 美国司法部，路