General Electric Co. v. U.S. Dept. of Com

11 Citing cases

  1. National Ass'n of Manufacturers v. United States Department of the Interior

    134 F.3d 1095 (D.C. Cir. 1998)   Cited 22 times
    Requiring exhaustion

    According DOI's interpretation the deference it is due under Chevron step two, we conclude that DOI's reliance on predictive computer submodels to establish causation and injury is both reasonable and consistent with the commands of CERCLA. Nor can our decision in General Electric Co. v. United States Department of Commerce, 128 F.3d 767 (D.C. Cir. 1997), be read to require a different conclusion here. In General Electric we were asked to pass on the National Oceanic and Atmospheric Administration's (NOAA's) regulation regarding NRD claims for releases of oil or petroleum products covered by the Oil Pollution Act of 1990 (OPA).

  2. Gulf Restoration Network v. Jewell

    161 F. Supp. 3d 1119 (S.D. Ala. 2016)   Cited 1 times

    Id. § 2706 (c)(1) & (c)(2). The process of natural resource damage assessment (NRDA) is governed by regulations developed by NOAA. Gen. Elec. Co. v. U.S. Dept. of Commerce , 128 F.3d 767, 770–71 (Fed.Cir.1997) ; 15 C.F.R. § 990.10 et seq. At the time, the Exxon Valdez was the biggest oil spill in history, releasing more than 11 million gallons of crude oil.

  3. Gulf Restoration Network v. Jewell

    CIVIL ACTION NO. 15-00191-CB-C (S.D. Ala. Feb. 16, 2016)

    Id. § 2706 (c)(1) & (c)(2). The process of natural resource damage assessment (NRDA) is governed by regulations developed by NOAA. Gen. Elec. Co. v. U.S. Dept. of Commerce, 128 F.3d 767, 770-71 (Fed. Cir. 1997); 15 C.F.R. § 990.10 et seq. At the time, the Exxon Valdez was the biggest oil spill in history, releasing more than 11 million gallons of crude oil.

  4. Federation of Fly Fishers v. Daley

    131 F. Supp. 2d 1158 (N.D. Cal. 2000)   Cited 14 times
    Holding that in making listing decision, agency cannot rely on unproven conservation measures

    (emphasis in original). In support of their position, plaintiffs cite General Elec. Co. v. United States Dep't of Commerce, 128 F.3d 767, 775 (D.C. Cir. 1997), and Oregon Natural Resources Council v. Daley, 6 F. Supp.2d 1139, 1152 (D.Or. 1998). General Electric involved a challenge to a final rule issued by the National Oceanic and Atmospheric Association ("NOAA") pursuant to the Oil Pollution Act of 1990, passed in response to the Exxon Valdez oil spill.

  5. FEDERATION OF FLY FISHERS v. DALEY

    No. C 99-0981 SI (N.D. Cal. Oct. 24, 2000)

    (emphasis in original). In support of their position, plaintiffs cite General Elec. Co. v. United States Dep't of Commerce, 128 F.3d 767, 775 (D.C. Cir. 1997), and Oregon Natural Resource Council v. Hodel, 6 F. Supp.2d 1139, 1152 (D. Ore. 1998). General Electric involved a challenge to a final rule issued by the National Oceanic and Atmospheric Association ("NOAA") pursuant to the Oil Pollution Act of 1990, passed in response to the Exxon Valdez oil spill.

  6. Nat'l Wildlife v. Cleveland Cliffs

    471 Mich. 608 (Mich. 2004)   Cited 98 times
    Stating that the judicial branch is the final authority to "accord meaning to the language of the constitution. . . ."

    Environmental and other collective concerns often have strong personal manifestations, called "passive use" or "standby value" interests. See, e.g., General Electric Co v. United States Dep't of Commerce, 327 US App DC 33, 38; 128 F3d 767 (1997). These interests ensure that environmental suits are vigorously pursued by people with a strong personal belief in their claim.

  7. United States v. Nature's Way Marine, L.L.C.

    904 F.3d 416 (5th Cir. 2018)   Cited 23 times   1 Legal Analyses
    In United States v. Nature's Way Marine, L.L.C., 904 F.3d 416, 417–18 (5th Cir. 2018), we construed what "operating" a vessel meant—there, the vessels were two barges that the defendant was moving with its tugboat.

    SeeBuffalo Marine , 663 F.3d at 756 ; see alsoGen. Elec. Co. v. United States Dep't of Commerce , 128 F.3d 767, 769–70 (D.C. Cir.1997) (noting that prior to passage of the OPA, damages resulting from oil spills were assessed pursuant to CERCLA). A unanimous Supreme Court has analyzed CERCLA's definition of "operator" as such:

  8. Buffalo Marine Servs. Inc. v. United States

    663 F.3d 750 (5th Cir. 2011)   Cited 47 times   2 Legal Analyses
    Holding that the NPFC's interpretation of OPA's third-party defense provision is entitled to Chevron deference

    42 U.S.C. § 9607(b), (d)(3) (emphasis added). FN25. See, e.g.,GE v. United States DOC, 128 F.3d 767, 769–70 (D.C.Cir.1997) (noting that prior to passage of the OPA, “natural resource damages resulting from oil spills were assessed pursuant to [CERCLA]”). FN26. Cf.Int'l Marine Carriers v. Oil Spill Liability Trust Fund, 903 F.Supp. 1097, 1105 (S.D.Tex.1994) (noting that “[t]he OPA section 2703(a)(3) defense is analogous to the CERCLA section 9607(b)(3) third-party defense” and concluding that the agency's broad interpretation of the phrase “any contractual relationship” was based on a permissible construction of § 2703(a)(3)).

  9. Prairie Band, Potawatomi Indians v. Glacier Petroleum, Inc.

    Civil Action No. 00-2165-CM (D. Kan. May. 2, 2001)

    Id. at § 990.64. For a description of these phases, see General Elect. Co. v. United States Dep't of Commerce, 128 F.3d 767, 770-771 (D.C. Cir. 1997). The OPA does not allow a party to bypass the trustee phase and file suit.

  10. Rice v. Harken Exploration Co.

    89 F. Supp. 2d 820 (N.D. Tex. 1999)   Cited 6 times

    The OPA focuses on oil discharges in the nation's oceanic fishing grounds, oceans, waterways, bays, and coastlines.General Electric Co. v. U.S. Department of Commerce, 128 F.3d 767, 770 (D.C. Cir. 1997). See also Francis J. Gonynor, Dangerous Waters Without a Chart: Pollution Problems as They Relate to Tugs and Barges, 70 Tul.L.Rev. 549, 552 (1995); J.T. Smith, II, Natural Resource Damages Under CERCLA and OPA: Some Basics for Maritime Operators, 18 Tul. Mar.L.J. 1, 6 (1993) ("Indeed, the Exxon Valdez spill was a principle catalyst for the enactment of OPA in 1990.").