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U.S. v. COMMONWEALTH OF MASSACHUSETTS

Civil Action No. 05-10112-JLT.

440 F.Supp.2d 24 (2006)

UNITED STATES of America, Plaintiff, American Waterways Operators International Association of Independent Tank Owners, Bimco, and Chamber of Shipping of America, Intervenor-Plaintiffs, v. COMMONWEALTH OF MASSACHUSETTS, Massachusetts Department of Environmental Protection, Governor Mitt Romney, in his capacity as Governor of Massachusetts, Robert W. Golledge, Jr., in his capacity as Commissioner of the Massachusetts Department of Environmental Protection, Defendants, Coalition for Buzzards Bay, Intervenor-Defendant.

United States District Court, D. Massachusetts.

July 24, 2006.

Attorney(s) appearing for the Case

Andrew J. Hachey, George J. Skelly, Nixon Peabody LLP, Boston, MA, C. Jonathan Benner, Sean T. Connaughton, Troutman Sanders LLP, Washington, DC, for Intervenor-Plaintiffs.

Steven Y. Bressler, U.S. Department of Justice, Civil Division, Washington, DC, for Plaintiff.

Pierce O. Cray, Attorney General's Office, Boston, MA, for Defendants.

Jonathan M. Ettinger, Foley Hoag LLP, Boston, MA, for Intervenor-Defendant.

MEMORANDUM

TAURO, District Judge.

On April 27, 2003, the Bouchard Barge-1201 collided with an outcropping of rocks, spilling thousand of gallons of oil into the waters of Buzzards Bay.2 In response to the Bouchard oil spill, the Massachusetts legislature passed a law entitled "An Act Relative to Oil Spill Prevention and Response in Buzzards Bay and Other Harbors and Bays of the Commonwealth...

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