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UNITED STATES v. MASSACHUSETTS BAY TRANSP.

No. 79-1512.

614 F.2d 27 (1980)

UNITED STATES of America, Plaintiff, Appellant, v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 4, 1980.

Attorney(s) appearing for the Case

Richard D. Glovsky, Asst. U. S. Atty., Chief, Civil Division, Boston, Mass., with whom James W. Moorman, Asst. Atty. Gen., Washington, D. C., Edward F. Harrington, U. S. Atty., Boston, Mass., Raymond W. Mushal, Carl Strass, and Gail Osherenko, Attys., Dept. of Justice, Washington, D. C., were on brief, for plaintiff, appellant.

Gerald M. Coakley, Boston, Mass., for defendant, appellee.

Before COFFIN, Chief Judge, ALDRICH and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

The single question in this case, in which the facts were stipulated, is whether Massachusetts Bay Transportation Authority (MBTA) is subject to civil penalties pursuant to 33 U.S.C. § 1321 for causing oil spills into navigable waters. Section 1321 provides, in part, as follows.

(a) For the purpose of this section, the term — . . . . . (6) "owner or operator" means . . in the case of an onshore...

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