## Facts

- In March 1975, the Hudson River experienced spring “freshet” conditions that increased flow and carried sediment and debris into navigable areas.
- On March 29, 1975, Sabine Towing & Transportation Co.’s vessel, the T/S *Colorado*, traveled upriver toward Rensselaer, New York.
- Near Rober’s Island, the vessel struck an unknown underwater object in the channel, assumed to have been deposited during the freshet.
- The impact ruptured the vessel’s No. 2 port wing tank, creating an approximately 20-foot tear; the crew did not immediately detect the breach.
- Upon arrival at Rensselaer, opening the ruptured tank released a partial vacuum and discharged approximately 30,000 to 50,000 gallons of oil into the river.
- Sabine arranged cleanup services; the parties stipulated cleanup costs of $113,943.41.
- Sabine sought reimbursement from the United States under 33 U.S.C. § 1321(i)(1)(A), asserting the discharge was caused solely by an “act of God.”

## Issues

1. Whether the freshet conditions and the vessel’s striking of an underwater object constituted an “act of God” under 33 U.S.C. § 1321(i)(1)(A), permitting reimbursement of cleanup costs from the United States.
2. Whether a predictable, recurring natural condition can qualify as an “unanticipated natural disaster” within the statutory definition of “act of God.”

## Decision

- The Court of Claims reversed the trial judge’s recommended decision and dismissed Sabine’s claim.
- The court held that the freshet conditions and resulting underwater obstruction were not an “act of God” under § 1321(i)(1)(A).
- Sabine therefore was not entitled to recover cleanup costs from the United States.

## Legal Principles

- Under 33 U.S.C. § 1321(i)(1)(A), a discharger may recover cleanup costs from the United States only if the discharge was caused “solely” by an enumerated defense, including an “act of God.”
- The statute defines “act of God” as an act occasioned by an unanticipated natural disaster; this definition is construed narrowly in light of congressional intent.
- Predictable, recurring natural conditions that are known to create navigational hazards (such as seasonal freshets) do not qualify as “unanticipated natural disasters,” even if they contribute to a spill.
- Statutory meaning controls over broader common-law formulations where Congress has supplied a specific definition tied to a restrictive policy choice.
- The spiller bears the burden to prove the discharge was caused solely by a qualifying statutory defense to shift cleanup costs to the government.

## Conclusion

Because Hudson River freshets were regular and foreseeable conditions rather than an unanticipated, grave natural disaster, the spill did not result “solely” from an “act of God” under § 1321(i)(1)(A), and the court dismissed the claim for reimbursement of cleanup costs.


Sabine Towing & Transp. Co. v. United States, 666 F.2d 561 (Ct. Cl. 1981)