Bad Law Bad Policy – Tug Master Deemed an OPA 90 “Responsible Party”

Types : Bylined Articles

The court in USA v. Ships International Inc., 779 F. Supp. 3d 1235 (W. D. Wash. 2025) has held that the master of tug that had become separated from the tow which then stranded and spilled oil is an OPA 90 “responsible party.”

This designation produced a personal liability for over $14 million in response costs.

Although the opinion is bereft of any background facts explaining why the government chose to pursue the tug’s master, the local newspaper the “Point Reyes Light” (May 7, 2025, edition) reporting on the decision stated that neither the tug nor the tow had insurance. The tow was an old fishing vessel destined for a breaker in Mexico when she stranded. The master was the last pocket (deep or otherwise) available to reimburse the government for its expenditures. Neither the opinion nor the news report mentions whether the master has the resources to even begin to satisfy the court’s judgment.