33 C.F.R. §136.105 - General requirements for a claim

Cite as33 C.F.R. §136.105
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28 cases
  • Savage Servs. Corp. v. United States
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • February 8, 2022
    ...the claimant can present its claim in court or to the Fund in a manner approved by the President. Id. § 2713(a), (e); see generally 33 C.F.R. § 136.105 (setting out the "[g]eneral requirements for a claim" under the OPA). On Savage's view, however, a claimant can avoid all of these steps by......
  • United States v. ERR, LLC
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • May 26, 2022
    ...are necessary, reasonable, and consistent with the relevant statutory criteria for such payments. See 33 U.S.C. § 2713(c) ; see also 33 C.F.R. §§ 136.105, 136.203, 136.205. And if the Fund pays the removal expenses, then the Government receives by subrogation "all rights, claims and causes ......
  • Great Am. Ins. Co. v. United States
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • July 9, 2014
    ...the claimant to provide “all evidence, information, and documentation deemed necessary by the Director, NPFC, to support the claim.” 33 C.F.R. § 136.105(a). Thus, it is clear that the burden is on the responsible party to present the evidence necessary for the NPFC to fully understand the s......
  • Water Quality Ins. Syndicate v. United States, Civil Action No. 15–789 (BAH)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • December 22, 2016
    ...NPFC, to support the claim.' " Smith Prop. Holdings, 4411 Conn. L.L.C. v. United States , 311 F.Supp.2d 69, 71 (D.D.C. 2004) (quoting 33 C.F.R. § 136.105 ) (alterations in original). The limitation on liability for removal costs is subject to statutory exceptions that remove the liability c......
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