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| 3/18/2010 4:07:00 PM | Email this article • Print this article | April 6 deadline looms for claims from Port Arthur oil spill
Rules of federal maritime law put cases on the fast track
James Shannon
Mid & South County Editor
Confusion over the legal claims process arising from the recent oil spill at the Port of Port Arthur has the federal district judge presiding over the matter asking the media to help alert citizens of the impending April 6 deadline for those impacted by the spill to file claims.
When the towing vessel Dixie Vengeance with the two barges it was pushing collided with the 807-foot tank ship Eagle Otome in the Sabine-Neches Waterway sometime after 9:30 in the morning on Saturday, Jan. 23, an estimated 462,000 gallons of crude oil were spilled into the waterway.
City officials evacuated residents for block upon block out of the neighborhoods in Port Arthur surrounding the area where the spill occurred. The high sulfuric content of the crude saturated the surrounding area with fumes that were extremely unpleasant, at best.
Mark Freeman, attorney with the Beaumont firm of Stevens, Baldo, Freeman and Lighty, represents AET Inc., owners of the Eagle Otome. AET declared on the day of the spill that it was the responsible party.
"The statute we operate under on these oil spills is called the Oil Pollution Act of 1990 that came from the Exxon Valdez mess requires (declaration from) the responsible party - that's the term of art used in the statute," said Freeman. "That term doesn't mean we are at fault; it just means the oil came from our ship."
Another cause for concern in some quarters was the April 6 deadline to file a claim, less than three months after the spill itself. Under Texas law, parties generally have up to two years to file a lawsuit.
Judge Ron Clark explained the difference in this case. "In landlocked places where there are no ports, normal tort law is different. When you get into what's called an admiralty case - which this is - it's different. There are certain rules and regulations that have come down based on the law. It started back in the 1300s," he said, then described the action he took to modify the case.
"The normal deadline is 30 days under the rules. I didn't think that was long enough, so I moved it out to around 60 days," said Clark. "One of the things the press and media can do is get the word out. That certainly helps."
For those impacted by the spill who wish to file a claim, there is a form that can be downloaded from the U.S. District Court Web site at www.txed.uscourts.gov.
The site contains directions for filing a claim and this important notation: "The Court and Clerk's Office cannot give you legal advice or present your claim for you. If you have any questions about your claim, or the procedures for filing, you should consult an attorney. The Jefferson County Bar Association Attorney Referral telephone number is (409) 835-8438.
James Shannon can be reached at (409) 832-1400, ext. 227, or by e-mail at james@theexaminer.com.
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