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POWER AUTHORITY v. M/V ELLEN S. BOUCHARD

No. 19-1140-cv August Term, 2019.

968 F.3d 165 (2020)

POWER AUTHORITY of the State of New York, Plaintiff-Appellant, v. M/V ELLEN S. BOUCHARD, and the Barge B No. 280, their engines, apparel, tackle, boats, appurtenances, etc., in rem, Bouchard Transportation Co., Inc., Motor Tug Ellen S. Bouchard, Inc., B. No. 280 Corp., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 30, 2020.

Attorney(s) appearing for the Case

Vincent J. Foley ( James H. Hohenstein , on the brief), Holland & Knight LLP, New York, NY, for Plaintiff-Appellant.

Gina M. Venezia ( Wayne D. Meehan , John J. Walsh , on the brief), Freehill Hogan & Mahar, LLP New York, NY, for Defendants-Appellees.

Jeffrey Bossert Clark , Assistant Attorney General, Eric Grant , Deputy Assistant Attorney General, Ellen J. Durkee , Jennifer Scheller Neumann , Katherine W. Hazard , United States Department of Justice, Washington, DC, for Amicus Curiae United States of America, in support of Plaintiff-Appellant.

Before: Livingston, Lohier, and Nardini, Circuit Judges.

This appeal arises from the discharge of several thousand gallons of oil into Long Island Sound from a "submarine cable" — that is, an underwater system that transmits electricity, and through which dielectric fluid is pumped as a lubricant and coolant. The plaintiff-appellant, the Power Authority of the...

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