5th Circuit: Mix Of Oil And Hazardous Substances Is Exclusively Covered By CERCLA

(October 31, 2023, 1:48 PM EDT) -- NEW ORLEANS — A group of companies is not entitled to monetary damages under the Oil Pollution Act (OPA) for the release of a mixture of oil and hazardous substances, as defined by the Comprehensive Environmental Response, Compensation and Liability Act, from a chemical storage facility because the OPA expressly excludes such mixtures from its definition of oil, a Fifth Circuit U.S. Court of Appeals panel found in affirming a trial court’s judgment....