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HORNBECK OFFSHORE TRANSP., LLC v. U.S.

No. 08-5225.

569 F.3d 506 (2009)

HORNBECK OFFSHORE TRANSPORTATION, LLC, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2009.

Attorney(s) appearing for the Case

Gene C. Schaerr argued the cause for appellant. With him on the briefs were Lawrence I. Kiern, Thomas L. Mills, and Gerald A. Morrissey, III.

Sydney A. Foster, Attorney, U.S. Department of Justice, argued the cause for appellee. With her on the brief were Gregory G. Katsas, Assistant Attorney General, Jeffrey A. Taylor, U.S. Attorney, and Mark B. Stern, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion filed by Circuit Judge ROGERS, concurring in part.

BROWN, Circuit Judge:

Hornbeck Offshore Transportation, LLC owns and operates oil transport vessels, including the ENERGY 8701, a single-hulled oil barge. All single-hulled oil barges have been slated to be phased out under the Oil Pollution Act of 1990 ("OPA"), but the actual phase-out date depends on a vessel's gross tonnage. 46 U.S.C. § 3703a(c). The U.S. Coast Guard initially assigned a phase-out date which Hornbeck believed was too early. After successfully...

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