## Facts

- The M/V LISA C towed three benzene-laden barges (DC 310, DC 373, DC 371) in the Corpus Christi Ship Channel when rough seas caused the tow to break up.
- The barges were chartered to Dow Chemical Co. and owned by Security Pacific Equipment Leasing, Inc.
- The U.S. Coast Guard issued a distress call requesting nearby vessels to assist in recapturing the barges.
- Multiple vessels responded, including vessels operated by Trico Marine Operators, Inc. and Sea Mar Operators, Inc., which helped round up the barges.
- The salvors claimed their actions prevented benzene from escaping and avoided serious environmental harm.
- Plaintiffs sought a salvage award that included compensation measured by defendants’ alleged averted statutory/environmental liability, including potential liability under CERCLA and the Oil Pollution Act.

## Issues

1. Whether U.S. maritime salvage law permits salvors to recover an additional salvage component based on averted statutory and environmental liability (“liability salvage”), beyond a traditional salvage award tied to property saved.

## Decision

- The court granted defendants’ motion for partial summary judgment.
- Plaintiffs could not recover a salvage award measured by averted CERCLA/OPA or other environmental/statutory liability as a distinct element of damages.
- The court stated it would hear evidence on plaintiffs’ skill and efforts in protecting the environment when determining any traditional salvage award.

## Legal Principles

- Traditional salvage awards are determined case-by-case and commonly guided by the six factors identified in *The Blackwall* (labor; promptitude/skill/energy; value and exposure of salvors’ property; risk incurred; value of property saved; and degree of danger).
- U.S. salvage law historically compensates the saving of property from marine peril; it does not recognize a separate doctrine that bases salvage compensation on speculative, unincurred downstream liabilities avoided.
- Environmental protection achieved during salvage may be considered within the traditional salvage framework (e.g., as evidence of skill, risk, and the nature of the peril), but not as an independent “averted liability” measure of recovery.

## Conclusion

The court held that salvors may not obtain “liability salvage” based on defendants’ avoided environmental and statutory exposure, while allowing environmental protection efforts to be considered in setting the amount of any traditional salvage award.


Trico Marine Operators, Inc. v. Dow Chem. Co., 809 F. Supp. 440 (E.D. La. 1992)