HIGGINSON, Circuit Judge:
Following an oil spill, responsible party American Commercial Lines ("ACL") contracted with Environmental Safety & Health Consulting Services Inc. ("ES & H") and United States Environmental Services, L.L.C ("USES") to provide cleanup services. After ACL failed to pay the full outstanding amounts owed to ES & H and USES within the 90-day period mandated by the Oil Pollution Act of 1990 ("OPA"), the United States paid the balance out of the Oil Spill Liability Trust Fund (the "Fund") and filed suit against ACL to
This case involves an oil spill in the Mississippi River near New Orleans, Louisiana. On July 23, 2008, the M/V TINTOMARA, an ocean-going tanker, collided with DM 932, an unmanned barge carrying slightly less than 10,000 barrels of fuel oil, which was towed by the tug M/V MEL OLIVER. The collision substantially damaged the barge, and a large quantity of oil spilled into the river. ACL owned the tug and barge. D.R.D. Towing, L.L.C. ("DRD") provided the crew for the tug towing the barge under a bareboat charter between ACL and DRD. Gabarick v. Laurin Maritime (America) Inc. v. D.R.D. Towing Company, L.L.C., 753 F.3d 550, 551-52 (5th Cir.2014).
Under the Clean Water Act ("CWA"), also known as the Federal Water Pollution Control Act ("FWPCA"), 33 U.S.C. §§ 1321, as amended by OPA, the Coast Guard has primary overall responsibility for directing oil spill cleanup in the coastal zone. See 33 U.S.C. § 1321(d)(2)(C); 40 C.F.R. § 300.145. However, under OPA, the Coast Guard identifies "responsible part[ies]" who must pay for oil spill cleanup in the first instance,
The Coast Guard's National Pollution Funds Center ("NPFC") administers the Fund. The Fund is authorized both (1) to pay outstanding cleanup costs and damages when a responsible party can limit its liability or establish a complete defense (or when no responsible party is ever identified), see id. § 2712(a)(4); and (2) to guarantee that particular OPA claimants, including spill responders, are paid quickly, see id. § 2713. Claimants must first present their claims to the responsible party, see id. § 2713(a), but if the responsible party has not paid the claim within 90 days, "the claimant may elect to commence an action in court against the responsible
Following the spill, the Coast Guard investigated and determined that, as the owner of the barge DM-932 and tug M/V OLIVER, ACL was a responsible party under OPA and therefore liable for "removal costs and damages" resulting from the incident. See 33 U.S.C. § 2702(a). ACL then entered into a contract with spill responders and Third Party Defendants ES & H and USES to provide cleanup services for the oil spill. The spill responders invoiced ACL for their services, but ACL disputed some of the claims and did not pay the full outstanding amounts owed to ES & H and USES for removal and cleanup costs within the 90-day time frame mandated by OPA.
The United States, in turn, sued ACL to recover the Fund's payment to ES & H and USES, as well as a penalty under the CWA and statutory damages under OPA. In response, ACL contended, inter alia, that ES & H and USES failed to provide adequate documentation for the amounts billed to and paid out by the Fund.
ACL filed the instant appeal. On appeal, ACL concedes that when OPA explicitly sets a rule of law it displaces federal common law and general maritime law, and that, as the designated responsible party, ACL was strictly liable under OPA for costs of cleanup. ACL asserts, however, that the district court erred in holding that OPA displaced its federal common law and general maritime law claims against ES & H and USES because "OPA does not `explicitly' do so."
A district court's dismissal of a complaint under Rule 12(b)(6) is a question of law that we review de novo. Torch Liquidating Trust ex rel. Bridge Assoc. LLC v. Stockstill, 561 F.3d 377, 384 (5th Cir.2009).
Our inquiry presents the question of whether OPA provides the exclusive source of law for an action involving a responsible party's liability for removal costs governed by OPA. For the following reasons, we find that it does, and accordingly we hold that ACL does not have a cause of action against the spill responders who exercised their statutory right to file claims with the Fund after ACL failed to timely pay their claims.
We have previously held that, in enacting OPA, Congress intended to build upon the Clean Water Act to "`create a single Federal law providing cleanup authority, penalties, and liability for oil pollution.'... OPA prescribes a supplemental, comprehensive federal plan for handling oil spill responses, allocating responsibility among participants, and prescribing reimbursement for cleanup costs and injuries to third parties." In re: Deepwater Horizon, 745 F.3d 157, 168 (5th Cir.2014) (quoting S.Rep. No. 101-94, at 9 (1989), reprinted in 1990 U.S.C.C.A.N. 722, 730).
More generally, when Congress enacts a carefully calibrated liability scheme with respect to specific remedies, "the structure of the remedies suggests that Congress intended for th[e] statutory remedies to be exclusive." United States v. M/V BIG SAM, 681 F.2d 432, 441 (5th Cir.1982) (internal quotation marks and citation omitted) (construing the analogous FWPCA, whose liability standard and limited recovery of removal costs OPA borrows). Indeed, "we are to conclude that federal common law has been preempted as to every question to which the legislative scheme spoke directly, and every problem that Congress has addressed." Id. at 442 (quoting In re Oswego Barge
In the present case, ES & H and USES both presented their claims to the Fund, rather than bringing suit against ACL. Nothing in OPA authorizes a responsible party to bring a third-party complaint against a claimant that has chosen, under § 2713(c)(2), to submit claims to the Fund after 90 days without payment. As the district court noted, such a third-party complaint would risk "avoid[ing] the strict liability that OPA places on responsible parties to pay the cleanup and removal costs," and frustrate the statutory scheme and its goal of providing rapid cleanup and claim resolution.
Contrary to ACL's assertion, OPA's savings clause at 33 U.S.C. § 2751(e) does not apply. OPA's savings clause provides:
Id. § 2751(e). Statutory construction begins with the language of the statute, and, in the absence of ambiguity, often ends there. Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242, 251, 130 S.Ct. 2149, 176 L.Ed.2d 998 (2010). We have previously held that "savings clauses must be read with particularity" and should not be interpreted to "disrupt the ordinary operation of conflict preemption."
While we find that OPA displaces ACL's alternative causes of action against ES & H and USES, we note that both ACL and the United States contemplate that ACL may raise its contentions in the district court in defense to the United States' OPA recoupment action. Should ACL establish that the Fund's payments to ES & H and USES were unnecessary, unreasonable, or not in compliance with the relevant statutory criteria for Fund payments and hence were "arbitrary and capricious," it may pursue reduction of its liability to the Fund for reimbursement. Regardless of the outcome of the United States' action against ACL, however, ACL may not seek indemnification from ES & H and USES as the United States "acquir[ed] by subrogation all rights of the claimant" and hence stands in for ES & H and USES in any related action. See 33 U.S.C. § 2712(f); 33 C.F.R. § 136.115.
For the reasons set forth above, we AFFIRM the district court's dismissal of ACL's claims against ES & H and USES as displaced under OPA.