1989: Exxon Valdez Oil Spill 85
party or parties for purposes of determining liability
under this subchapter.
(B) Subrogation of responsible party
If the responsible party alleges that the discharge or
threat of a discharge was caused solely by an act or
omission of a third party, the responsible party—
(i) in accordance with section 2713 of this title, shall
pay removal costs and damages to any claimant;
(ii) shall be entitled by subrogation to all rights of the
United States Government and the claimant to
recover removal costs or damages from the third
party or the Fund paid under this subsection.
(2) Limitation applied
(A) Owner or operator of vessel or facility
If the act or omission of a third party that causes an
incident occurs in connection with a vessel or facility
owned or operated by the third party, the liability of the
third party shall be subject to the limits provided in
section 2704 of this title as applied with respect to the
vessel or facility.
(B) Other cases
In any other case, the liability of a third party or parties
shall not exceed the limitation which would have been
applicable to the responsible party of the vessel or facility
from which the discharge actually occurred if the
responsible party were liable. (USC, 2005)
The original radar equipment at the Coast Guard vessel traffic control
center in Valdez enabled simultaneous 24-hour surveillance of both Bligh
Reef and Valdez Narrows. However, in 1984 this equipment, which was
manufactured by AIL/Eaton, was replaced by Raytheon radar. Civilian
radar technician Pat Levy maintained the Coast Guard’s Valdez radar
equipment. He learned that the agency was planning this replacement in
an effort to save money, and disagreed with the decision because he did
not consider the new equipment to be as potent or reliable. His disagree-
ment led to writing his congressman, Don Young, on February 29, 1984
that “I still can’t help feeling that this is...bringing an oil tanker disaster
in the Sound closer to a reality.
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