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Rice v. Harken Exploration Company

An oil discharge onto dry land, which eventually reaches groundwater and later which reaches navigable waters, all by gradual, natural seepage, is not the equivalent of a discharge into or upon the navigable waters under the Oil Pollution Act.

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Appeal from the United States District Court for the Northern District of Texas

Plaintiffs-appellants D.E. and Karen Rice (the Rices) filed this suit against defendant-appellee Harken Exploration Company (Harken) alleging that Harken discharged oil into or upon “navigable waters” in violation of the Oil Pollution Act of 1990, 33 U.S.C. �� 2701-2720 (OPA), and also asserting several related state law claims. Harken moved for summary judgment on all claims and the district court granted its motion in part, on the ground that under the court’s interpretation of the OPA and the facts alleged plaintiffs could not sustain a cause of action under the OPA. In the same order the district court declined to exercise supplemental jurisdiction over the plaintiffs’ state law claims and remanded those claims to state court. The Rices now appeal the district court’s grant of summary judgment, and request that their OPA claim be remanded for trial. We affirm.

Facts and Proceedings

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