id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
cjel-5640	Wenig, Michael M.	Strict Liability for Cleanup Costs Under Section 311 of the Clean Water Act: Cleaning Up Respondeat Superior and Negligence	2020	48	.pdf	application/pdf	21720	1135	63	See infra Section V(C) (on principle for determining scope of third party defense in area beyond independent contractors). Sub- section 11 (f)(1) reads: Except where an owner or operator can prove that a discharge was caused solely by (A) an act of God, (B) an act of war, (C) negligence on the part of the United States Government, or (D) an act or omission of a third party without regard to whether any such act or omission was or was not negligent, or any combination of the foregoing clauses, such owner or operator of any vessel from which oil is discharged in violation of subsection (b)(2) of this section shall, notwithstanding any other provision of law, be liable to the United States Government for the actual costs incurred under subsec- tion (c) for the removal of such oil by the United States Government in an amount not to exceed $100 per gross ton of such vessel or $14,000,000 whichever is lesser, except that where the United States can show that such discharge was the result of willful negligence or willful misconduct within the privity and knowledge of the owner, such owner or operator shall be liable to the United States Government for the full amount of such costs.	cache/cjel-5640.pdf	txt/cjel-5640.txt