United States v. City of Redwood City, California and Albert v. Pinotti, Individually and Dba the People's Police Patrol
Opinion
Opinion
Kashiwa, J.
The appellant, United States, seeks to recover costs it incurred due to the sinking of the barge Pioneer No. 1. Reimbursement is sought from The City of Redwood City (Redwood City), owner and operator of the Port of Redwood City and the berth at which the barge sank, and from Albert V. Pinotti (Pinotti), owner and operator of the private police company which provided security at the Port. The damages claimed herein are for wreck removal and oil pollution cleanup costs. The averred nonowner’s liability is premised on 33 U.S.C. §§ 401-414 (1976) (Wreck Removal Act), the Federal Water Pollution Control Act, 33 U.S.C. § 1321 (Supp. II, 1972) (FWPCA), and general maritime tort and nuisance theories.
The issue on appeal is whether the district court erred in granting defendants’ motions to dismiss. We reverse.
I. The Facts
On May 8, 1975, the barge Pioneer No. 1 sank at its berth at the Port of Redwood City, California. The sinking created an obstruction to navigable waters of the United States and also resulted in a discharge of oil. The United States removed both the stricken vessel and the discharged oil from the waterway. Those costs, allegedly, were $81,725 and $7,014.51,…