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1 JEFFREY S. BUCHOLTZ 1 JEFFREY S. BUCHOLTZ Acting Assistant Attorney General Acting Assistant Attorney General 2 R. MICHAEL UNDERHILL 2 R. MICHAEL UNDERHILL Attorney in Charge, West Coast Office Attorney in Charge, West Coast Office 3 Torts Branch, Civil Division Torts Branch, Civil Division U.S. Department of Justice U.S. Department of Justice 4 7-5395 Federal Bldg., Box 36028 4 7-5395 Federal Bldg., Box 36028 450 Golden Gate Avenue 450 Golden Gate Avenue 5 San Francisco, California 94102-3463 San Francisco, California 94102-3463 Telephone: (415) 436-6648 Telephone: (415) 436-6648 6

7 RONALDJ.TENPAS RONALD J. TENPAS Assistant Attorney General Assistant Attorney General 8 Environment and Natural Resources Division Environment and Natural Resources Division United States Department of Justice United States Department of Justice 9 Washington D.C. 20530 Washington D.C. 20530 BRADLEY R. O'BRIEN BRADLEY R. OBRIEN 10 Environmental Enforcement Section 10 Environmental Enforcement Section United States Department of Justice United States Department of Justice 11 301 Howard Street, Suite 1050 11 301 Howard Street, Suite 1050 San Francisco, California 94105 San Francisco, California 94105 12 12 84; Facsimile: (415) 744-6476 84; Facsimile: (415) 744-6476 13 13 Attorneys for Plaintiff Attorneys for Plaintiff 14 United States of America 14 United States of America 15 15 UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT
16 16

NORTHERN DISTRICT OF CALIFORNIA DISTRICT OF CALIFORNIA

) CivilNo. C07-6045 SC ) Civil No. C07-6045 SC ) ) ) IN ADMIRALTY ) IN ADMIRALTY ) ) ) FIRST AMENDED FIRST AMENDED ) ) VERIFIED COMPLAINT OF )) VERIFIED COMPLAINT OF

!7 UNITED STATES OF AMERICA, 17 UNITED STATES OF AMERICA, 18 18 Plaintiff, Plaintiff, 19 19

v. V,

20 M/V COSCO BUSAN, LR/IMO Ship No. 20 M/V COSCO BUSAN, LRlIMO Ship No. THE UNITED STATES 9231743, her engines, apparel, electronics, tackle, ) 21 9231743, her engines, apparel, 21 boats, appurtenances, etc., in rem,electronics, tackle, ) THE UNITED STATES REGAL STONE) boats, appurtenances, etc., in rem, REGAL STONE) 22 LIMITED, FLEET MANAGEMENT LTD., and ) 22 LIMITED, FLEET MANAGEMENT LTD., and ) ) JOHNCOTA, in personam, JOHN COTA, in personam, ) ) ) 23 23 ) Defendants. Defendants. ) ) ) 24 24
25 25 26 26
27 27

28 28

FIRST AMENDED VERIFIED COMPLAINT -- C07-6045 SC COMPLAINT SC FIRST

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Plaintiff, the United States America, alleges upon information and belief belief as follows: Plaintiff, the United States of of America, alleges upon information and as follows:
NATURE OF THE ACTION NATURE OF THE ACTION

2 3

1. 1.

This is aacase of admiralty and maritime jurisdiction, as hereinafter more fully fully This is case of admiralty and maritime jurisdiction, as hereinafter more

4 appears, and within Rule 9(h) of of the Federal RulesCivil Procedure, and, further, is an action action 4 appears, and within Rule 9(h) the Federal Rules of of Civil Procedure, and, further, is an 5 brought, inter alia, under the the National Marine Sanctuaries Act ("NMSA"), 16 U.S.C. 1431, et brought, inter alia, under National Marine Sanctuaries Act ("NMSA"), 16 U.S.c. 1431, et 6 seq., the Oil Pollution Act ofof 1990 ("OPA"), 33 U.S.C. 2701, seq., and the the Park System ~eq., the Oil Pollution Act 1990 ("OPA"), 33 U.S.c. 2701, et et seq., and Park System 7 Resource Protection Act ("PSRPA"), 16 16 U.S.C. 19jj, et seq., against Defendants M/V COSCO 7 Resource Protection Act ("PSRPA"), U.S.c. 19jj, et seq., against Defendants M/V COSCO 8 BUSAN, in rem, andand REGAL STONE LIMITED ("REGAL STONE"), FLEET MANAGEMENT 8 BUSAN, in rem, REGAL STONE LIMITED ("REGAL STONE"), FLEET MANAGEMENT 9 LTD. ("FLEET MANAGEMENT"), and JOHN COTA, ("COT A"), in personam. 9 LTD. ("FLEET MANAGEMENT"), and JOHN COTA, ("COTA"), in personam. 10 10

2. 2.

The United States expressly reserves thethe right further to amend First First Amended The United States expressly reserves right further to amend this this Amended

11 Complaint to, inter alia, add additional parties and assert additional claims claims such additionaladditional 11 Complaint to, inter alia, add additional parties and assert additional against against such 12 ,arties and the present Defendants herein. 12 parties and the present Defendants herein. 13 13 JURISDICTION AND VENUE JURISDICTION AND VENUE 14 14

3. 3.

The United States authorized to bring this suit and the the Court has jurisdiction The United States isis authorized to bring this suit and Court has jurisdiction

15 15 pursuant to, inter alia, 28 U.S.c. 1345, 16U.S.C. 1437 and 1443,33 U.S.C. 1321 and2717, ,ursuant to, interalia, 28 U.S.C. 1345, 16 U.S.C. 1437 and 1443, 33 U.S.C. 1321 and 2717, 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 FIRST AMENDED VERIFIED COMPLAINT - C07-6045 SC COMPLAINT C07-6045 SC 28 FIRST
2

~nd 16 U.S.C. and 16 U.S.C. 19jj-2. 4. 4.

Venue is properly this Court pursuant to, to, alia, 28 U.S.c. 1391 1391 and Venue is properly inin this Court pursuantinterinter alia, 28 U.S.C. and 1395, 1395,

16 U.S.C. 1443,33 U.S.C. U.S.C. 16 U.S.c. 1443, 33 U.S.C. 2717, and 16 U.S.c. 19jj-2. DEFENDANTS DEFENDANTS
5. 5.

At all times material herein, defendant M/V COSCO BUSAN, LRlIMO Ship No. No. all times material herein, defendant MiV COSCO BUSAN, LRiIMO Ship

9231743, her engines, apparel, electronics, tackle, boats, appurtenances, etc., in in rein (hereafter the 9231743, her engines, apparel, electronics, tackle, boats, appurtenances, etc., rem (hereafter the "Vessel"), was flagged in Hong Kong is nownow or during the pendency of this will be will bethe ~Vessel"), was flagged in Hong Kong is or during the pendency of this action action within within the navigable waters ofof this District and withinjurisdiction of this Court. Court. navigable waters this District and within the the jurisdiction of this 6. 6.

At all times material herein, defendant REGAL STONE, a foreign corporation or or all times material herein, defendant REGAL STONE, a foreign corporation

entity, presently believed toto be headquartered Hong Kong, had had a place of business and/or was entity, presently believed be headquartered in in Hong Kong, a place of business and/or was

:loing business within this district within the jurisdiction ofthis Court, Court, including, but not doing business within this district and and within the jurisdiction of this including, but not limited limited

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1 to, through operation of the Vessel at time of, of, with respect to, the matters sued sued upon 1 to, through operation of the Vessel at thethe time and and with respect to, the mattersupon herein.herein. 2 2 3 4 4 5 6 6 7 7

7. 7.
8.o 9.

At all times material herein, REGAL STONE owned the the Vessel. At al! times material herein, REGAL STONE owned Vessel.

REGAL STONE operated the Vessel. At all times material herein, REGAL STONE operated the Vessel. At all times material herein, REGAL STONE managed the Vessel. At all times material herein, REGAL STONE managed the Vessel. At all times material herein,
At all times material herein, REGAL STONE chartered the Vessel. At all times material herein, REGAL STONE chartered the Vessel.

10. 10. 11. II. 12. 12.

At all times material herein, REGAL STONE controlled the Vessel. At all times material herein, REGAL STONE controlled the Vessel.
At all times material herein, defendant FLEET MANAGEMENT, a foreign At all times material herein, defendant FLEET MANAGEMENT, a foreign

8 corporation or entity, presently believed to be headquartered in the Hong Kong, had a had a place of 8 corporation or entity, presently believed to be headquartered in the Hong Kong, place of 9 business and/or was doing business within this this district within the jurisdiction of this of this Court, 9 business and/or was doing business within district and and within the jurisdiction Court, 10 including, but not limited to,to, through operationthe Vessel at the time of, and with respectrespect to, the 10 including, but not limited through operation of of the Vessel at the time of, and with to, the 11 matters sued upon herein. 11 matters sued upon herein. 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 FIRST AMENDED VERIFIED COMPLAINT -- C07-6045 SC VERIFIED COMPLAINT C07-6045 SC 28
3

FLEET MANAGEMENT owned the Vessel. 13. AtAt all times material herein, 13. all times material herein, FLEET MANAGEMENT owned the Vessel.
14.

FLEET MANAGEMENT operated the Vessel. At all times material herein, FLEET MANAGEMENT operated the Vessel. At all times material herein, FLEET MANAGEMENT managed the Vessel. At all times material herein, At all times material herein, FLEET MANAGEMENT managed the Vessel.
At all times material herein, At all times material herein, FLEET MANAGEMENT chartered the Vessel. FLEET MANAGEMENT chartered the Vessel. At all times material herein, FLEET MANAGEMENT controlled the Vessel. At all times material herein, FLEET MANAGEMENT controlled the Vessel.

15. 15.
16.
17.

18. all times material herein, defendant COTA was a resident of the of 18. At At all times materialherein, defendant COT A was a resident of the StateState of ;alifornia and/or had a place business and/or was doing business within this district and within California and/or had a place of of business and/or was doing business within this district and within the jurisdiction of this Court. the jurisdiction of this Court. 19. 19. At all times material herein, defendant COTA was a licensed maritime pilot and, and, At all times material herein, defendant COTA was a licensed maritime pilot

inter alia, was licensed to pilot vessels such as M/V COSCO BUSAN on on waters of San inter alia, was licensed to pilot vessels such as the the M/V COSCO BUSAN the the waters of San Francisco Bay. Francisco Bay. GENERAL ALLEGATIONS GENERAL ALLEGATIONS
20. 20. On the morning of November 7, 2007, defendant COTA boarded Vessel at its On the morning of November7, 2007, defendant COTA boarded the the Vessel at its

berth at the Port of Oakland, California, preparation for piloting the the Vessel outbound berth at the Port of Oakland, California, in in preparation for piloting Vessel outbound from from

Oakland, through the waters of San Francisco Bay, across the the bar outside the Golden Gate, and Oakland, through the waters of San Francisco Bay, across bar outside the Golden Gate, and

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1 thereafter to the pilot station offshore San Francisco, at which point COTA was to disembark 1 thereafter to the pilot station offshore San Francisco, at which point COTA was to disembark the the 2 Vessel and transfer a a pilot boat. The Vessel thereafter to continue directly on its voyage to 2 Vessel and transfer toto pilot boat. The Vessel thereafter waswas to continue directly on its voyage to 3 a foreign port of call, believed toto be South Korea. 3 a foreign port of call, believed be South Korea. 4 4

21. 21.

On the morning On the morning of November 7, 2007, defendant COTA, thethe Vessel, and crewcrew November 7, 2007, defendant COTA, Vessel, and her her

5 departed the Vessel's berth inin Oakland and proceeded outbound through waters of San Francisco departed the Vessels berth Oakland and proceeded outbound through the the waters of San Francisco 6 Bay. 6 Bay. 7 7

22. 22.

At the time the foregoingvoyage commenced, andandall relevant timestimes herein, At the time the foregoing voyage commenced, at at all relevant herein,

8 defendant COTA was on the bridge of of the Vessel and serving in capacity as pilot pilot of the Vessel. 8 defendant COTA was on the bridge the Vessel and serving in the the capacity as of the Vessel. 9

23. 23.

At the time the foregoingvoyage commenced, andandall relevant timestimes herein, At the time the foregoing voyage commenced, at at all relevant herein,

10 the Vessel's Master and various crew of of the Vessel were the bridge of the Vessel. 10 the Vessels Master and various crew the Vessel were on on the bridge of the Vessel. 11 11

24. 24.

At or about 0830 hours on November 7,2007, while onon navigable watersthe the on November 7, 2007, while navigable waters of of At or about 0830

12 United States, the Vessel allided with thethe base and/or fendering system of the "Delta Tower", one 12 United States, the Vessel allided with base and/or fendering system of the "Delta Tower", one 13
13 of the support towers of the western span ofof the San Francisco-Oakland Bay Bridge "Bay "Bay of the support towers of the western span the San Francisco-Oakland Bay Bridge (the (the

14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24

Bridge"). Bridge"). 25. The foregoing allision with the Bay Bridge resulted, inter alia, in a in a rupture of the The foregoing allision with the Bay Bridge resulted, inter alia, rupture of the 25.
Vessel's tanks, thereby allowing a portion of the the Vessels bunkers to be discharged into navigable Vessels tanks, thereby allowing a portion of Vessel's bunkers to be discharged into navigable waters of the United States and onto adjoining shorelines, including, but not limited to, navigable waters of the United States and onto adjoining shorelines, including, but not limited to, navigable waters and adjoining shorelines of of San Francisco Bay, including its appurtenant waters and waters and adjoining shorelines San Francisco Bay, including its appurtenant waters and tributaries; the Pacific Ocean, including, but not limited to, the Gulf of the of the Farallones National tributaries; the Pacific Ocean, including, but not limited to, the Gulf Farallones National Marine Sanctuary and the Monterey Bay National Marine Sanctuary; and the navigable waters and and Marine Sanctuary and the Monterey Bay National Marine Sanctuary; and the navigable waters adjoining shorelines of units of of the National Park System, including, but not limited Golden Golden adjoining shorelines of units the National Park System, including, but not limited to, the to, the Gate National Recreation Area, Point Reyes National Seashore, San San Francisco Maritime National Gate National Recreation Area, Point Reyes National Seashore, Francisco Maritime National Historic Park, Rosie the RiveterlWorld War II Home Front National Historic Park,Park, other other Historic Park, Rosie the Riveter/World War II Home Front National Historic and and resources subject to the protections of thethe PSRPA. The foregoing allision subsequent discharge resources subject to the protections of PSRPA. The foregoing allis ion and and subsequent discharge

25 25 26 26 27 27

of bunkers is hereafter referred toto as the "COSCO BUSAN Incident". ~f bunkers is hereafter referred as the "COS CO BUSAN Incident".

26. As Asdirect and proximate result of the COSCO BUSAN Incident, thethe United States a a direct and proximate result of the COSCO BUSAN Incident, United States 26.
4 4

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1 has expended and!or sustained, inter alia, response and and damages the meaning of the 1 has expended and/or sustained, inter alia, response costscostsdamages within within the meaning of the

2 NMSA, OPA, and PSRP A and, further, will continue to expend and/or sustain suchsuch response costs 2 NMSA, OPA, and PSRPA and, further, will continue to expend and/or sustain response costs 3 and damages. 3 and damages. 4 4

27. 27.

The COSCO BUSAN Incident was proximately caused, inter alia, by the acts, The COSCO BUSAN Incident was proximately caused, inter alia, by the acts,

5 omissions, strict liability, fault, negligence, and breach of federal and operating regulations 5 omissions, strict liability, fault, negligence, and breach of federal safety safety and operating regulations 6 by the in rem and in in personam Defendants and, as applicable, agents, servants, employees, 6 by the in rein and personam Defendants and, as applicable, their their agents, servants, employees, 7 crew, and others for whom Defendants were responsible, all within the privity and knowledge of the of the 7 crew, and others for whom Defendants were responsible, all within the privity and knowledge 8 Defendants. 8 Defendants. 9 9

28. The amount damages sustained as a result of the COSCO BUSAN Incident 28. The amount ofof damagessustained as a result of the COSCO BUSAN Incident

10 presently isis not known and shall be established according to proof at the of trial. trial. 10 ~resently not known and shall be established according to proof at the time time of 11 11 12 12 13 13 14 14

AS AND FOR A FIRST CAUSE OF ACTION AGAINST AS AND FOR A FIRST CAUSE OF ACTION AGAINST ALL DEFENDANTS ALL DEFENDANTS (NATIONAL MARINE SANCTUARIES ACT) (NATIONAL MARINE SANCTUARIES ACT) 29. 29.
Plaintiff, United States of America, refers and incorporates by by reference as though Plaintiff, United States of America, refers to to and incorporatesreference as though

15 ~lly set forth herein each and every foregoing paragraph of this First Amended Complaint. 15 fully set forth herein each and every foregoing paragraph of this First Amended Complaint. 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25
16 U.S.c. 1437(e)(1). U.S.C.

30. 30.

Pursuant to the NMSA, any person who destroys and/or causes loss of of and/or Pursuant to the NMSA, any person who destroys and/or causes thethe !oss and/or

injures National Marine Sanctuaries and their resources are strictly liable for, inter alia, all damages, injures National Marine Sanctuaries and their resources are strictly liable for, inter alia, all damages, response costs, and interest thereon. 16 U.S.c. 1436-37. costs, and interest thereon. 16 U.S.C. 1436-37. 31. 31.
Pursuant to the NMSA, vessels used to destroy and/or cause loss of of and!or Pursuant to the NMSA, vessels used to destroy and/or cause thethe lossand/or

injure National Marine Sanctuaries and their resources are are strictly liable in and are subject to to injure National Marine Sanctuaries and their resources strictly liable in rem rein and are subject a maritime lien for all response costs, damages, and/or disbursements specified in thein the NMSA. 16 maritime lien for all response costs, damages, and/or disbursements specified NMSA. 16
U.S.c. 1437(d)(3). U.S.C. 1437(d)(3). 32. 32. Pursuant to the NMSA, vessels used to destroy and/or cause the !oss of and/or Pursuant to the NMSA, vessels used to destroy and/or cause the loss of and/or

injure National Marine Sanctuaries and their resources subject to forfeiture to the United States. injure National Marine Sanctuaries and their resources are are subject to forfeiture to the United States.

26 26 27 27

33. As Asdirect and proximate result of the actions setset forththe the United States a a direct and proximate result of the actions forth in in United States' 33.
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Complaint, Defendants are liable to United States, without limitation, by virtue of the NMSA, 1 Complaint, Defendants are liable to the the United States, without limitation, by virtue of the NMSA, 2 16 U.S.C. 1437 and 1443, for all response costs and damages. 2 16 U.S.C. 1437 and 1443, for all response costs and damages. 3 4 4 5 5
6 6

AS AND FOR SECOND CAUSE OF ACTION AGAINST AS AND FOR AA SECOND CAUSE OF ACTION AGAINST
REGAL STONE, AND FLEET MANAGEMENT REGAL STONE, AND FLEET MANAGEMENT

(OIL POLLUTION ACT OF 1990) (OIL POLLUTION ACT OF 1990) 34. 34. Plaintiff, United States of America, refers to to and incorporatesreference as though Plaintiff, United States of America, refers and incorporates by by reference as though

7 fully set forth herein each and every foregoing paragraph of this First Amended Complaint. 7 fully set forth herein each and every foregoing paragraph of this First Amended Complaint. 8
35. Defendant REGAL STONE, inter alia,is aa"responsible party" within the meaning Defendant REGAL STONE, inter alia, is "responsible party" within the meaning

9 ofOPA. 9 ~fOPA. 10 10
36. Defendant FLEET MANAGEMENT, inter alia, ais a "responsible party" within the Defendant FLEET MANAGEMENT, inter alia, is "responsible party" within the

11 meaningofOPA. 11 meaning of OPA. 12 12 13

37. 37.

Pursuant to OPA, 33 U.S.C. 2706(b), the federal government designates officials Pursuant to OPA, 33 U.S.C. 2706(b), the federal government designates officials

13 to act as trustees for natural resources. act as trustees for natural resources. 38. 38. "Natural resources," as that term defined OPA, 33 U.S.c. 2701(20), in "Natural resources," as that term isisdefined inin OPA, 33 U.S.C.2701(20), heldheld in

14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25

trust by Federal trustees, have been injured, destroyed, or as as the result of the Defendants trust by Federal trustees, have been injured, destroyed, or lost lostthe result of the Defendants' discharge of oil into navigable waters, within meaning of 33 .S.C. 2702(b )(2). dischargeof oil into navigable waters, within the the meaning ofU33 U.S.C. 2702(b)(2). Pursuant OPA, 33 U.S.C. 2702(a) 39. (b), each responsible party a a vessel 39. Pursuant to to OPA, 33 U.S.C.2702(a) and (b), each responsible party forforvessel from which oil discharged, which poses the substantial threat of discharge, into or upon upon the from which oil isisdischarged, or or which poses the substantial threat of discharge, into orthe navigable waters or adjoining shorelines or exclusive economic zone zone United States, is navigablewaters or adjoining shorelines or the the exclusive economic of the of the United States, is

strictly liable for all response costs, damages, andlor disbursements specified in the Act, including, strictly liable for all response costs, damages, and/or disbursements specified in the Act, including,
but not limited to, damages for injuries to natural resources. not limited to, damages for injuries to natural resources. 40. Under the circumstances herein, Defendants REGAL STONE FLEET 40. Under the circumstances herein, DefendantsREGAL STONE andand FLEET MANAGEMENT are liable the United States of of America, without limitation, the aforesaid MANAGEMENTare liable to to the United StatesAmerica, without limitation, for allfor all the aforesaid response costs, damages, and/or disbursements sustained the United States of America as a as a response costs, damages, andlor disbursements sustained by by the United States of Americaresultresult

of the COSCO BUSAN Incident. COSCO BUSAN Incident.

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// II 6

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AS AND FOR A THIRD CAUSE OF ACTION AGAINST AS AND FOR A THIRD CAUSE OF ACTION AGAINST
REGAL STONE, AND FLEET MANAGEMENT REGAL STONE, AND FLEET MANAGEMENT (OIL POLLUTION ACT OF 1990) (OIL POLLUTION ACT OF 1990)

2 2 3 3 4 4

41. 41.

Plaintiff, United States of America, refers to to and incorporatesreference as though Plaintiff, United States of America, refers and incorporates by by reference as though

5 fully set forth herein each and every foregoing paragraph of this First First Amended Complaint. fully set forth herein each and every foregoing paragraph of this Amended Complaint. 6 6
Pursuant OPA, 33 U.S.C. 2712(f) and 2715, the National Pollution Funds 42. Pursuant to to OPA, 33 U.S.c. 2712(f) and 2715, the National Pollution Funds 42.

7 Center ("Fund"), on behalf of thethe Oil Spill Liability Trust Fund,be subrogated to all rights, rights, 7 Center ("Fund"), on behalf of Oil Spill Liability Trust Fund, shall shall be subrogated to all 8 claims and causes of action ofof claimants whom it has has paid compensation. 8 claims and causes of action claimants to to whom it paid compensation. 9 9

43. a a result the COSCO BUSAN Incident, the Fund may incur costs, damages 43. As Asresult ofof the COSCOBUSAN Incident,the Fund may incur costs, damages

10 andlor disbursements by reason of of claims for removal costs damages brought against it under under 10 and/or disbursements by reason claims for removal costs and and damages brought against it 11 OPA, 33 U.S.C. 2713. 11 OPA, 33 U.S.c. 12 12 Pursuant OPA, Defendants REGAL STONE and FLEET MANAGEMENT 44. Pursuant to to OPA, DefendantsREGAL STONE and FLEET MANAGEMENT are are 44. 13 13 liable to the United States ofof America, without limitation, for all such costs, damages, and/or liable to the United States America, without limitation, for all such costs, damages, andlor 14 disbursements which may be sustained by the Fund. 14 disbursements which may be sustained by the Fund. 15 15 AS AND FOR A FOURTH CAUSE OF ACTION AGAINST AS AND FOR A FOURTH CAUSE OF ACTION AGAINST 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24
II REGAL STONE AND FLEET MANAGEMENT REGAL STONE AND FLEET MANAGEMENT

(OIL POLLUTION ACT OF 1990) POLLUTION ACT OF 1990) 45. 45. Plaintiff, United States of America, refers to to and incorporates reference as as Plaintiff, United States of America, refers and incorporates by by reference

though fully set forth herein each and every foregoing paragraph of this First Amended Complaint. though fully set forth herein each and every foregoing paragraph of this First Amended Complaint.
46. 46. Pursuant to OPA, Pursuant to OPA, 33 U.S.c. 2717(f)(2), the United States is entitled to, andand U.S.C. 2717(f)(2), the United States is entitled to,

hereby seeks, a a declaratory judgment thatbinding in any any subsequent action or actions against hereby seeks, declaratory judgment that is is binding in subsequent action or actions against Defendants REGAL STONE and FLEET MANAGEMENT that that said Defendantsliableliable for Defendants REGAL STONE and FLEET MANAGEMENT said Defendants are are for

removal costs and damages any such subsequent action or or actions. removal costs and damages inin any such subsequent actionactions.

25 25
II

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II
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1 1 2 2 3 4 4

AND AS FOR A FIFTH CAUSE OF ACTION AGAINST AND AS FOR A FIFTH CAUSE OF ACTION AGAINST

ALL DEFENDANTS ALL DEFENDANTS

(PARK SYSTEM RESOURCE PROTECTION ACT) (PARK SYSTEM RESOURCE PROTECTION ACT)

47. 47.

Plaintiff, United States of America, refers and incorporates by by reference as though Plaintiff, United States of America, refers to to and incorporatesreference as though

5 fully set forth herein each and every foregoing paragraph of this First Amended Complaint. fully set forth herein each and every foregoing paragraph of this First Amended Complaint. 6 6
Pursuant to the PSRPA, 16 U.S.C. 19jj-l(a), any person who destroys, causes 48. 48. Pursuant to the PSRPA, 16 U.S.C. 19j j-1 (a),any person who destroys, causes the the

7 loss of, or injures any park system resource is strictly liable to the United States for response costs costs 7 loss of, or injures any park system resource is strictly liable to the United States for response 8 and damages resulting from such destruction, loss,loss, or injury. 8 and damages resulting from such destruction, or injury. 9

49. 49.

Pursuant to the PSRPA, 16 U.S.C. 19jj-1(b), any vessel used destroy andlor Pursuant to the PSRPA, 16 U.S.C. 19jj-l(b), any vessel used to to destroy and/or

10 cause the loss of and/or injure any park system resource or any any marine or aquatic resource shall shall 10 cause the loss of and/or injure any park system resource or marine or aquatic park park resource 11 be liable inin rem to the United States for response costs damages resulting from such destruction, 11 be liable rem to the United States for response costs and and damages resulting from such destruction, 12 loss, or injury to the same extent as asperson is liable under 19jj-l(a) .. 12 loss, or injury to the same extent a a person is liable under 19jj-1(a).. 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27

50. 50.

As aadirect and proximate result of the COSCO BUSAN Incident, Defendants are are As direct and proximate result of the COSCO BUSAN Incident, Defendants

liable to the United States, without limitation, by virtue of the PSRP A for all response costs and and liable to the United States, without limitation, by virtue of the PSRPA for all response costs

damages specified therein. damages specified therein. AS AND FOR A SIXTH CAUSE OF ACTION AS AND FOR A SIXTH CAUSE OF ACTION AGAINST REGAL STONE AND FLEET MANAGEMENT AGAINST REGAL STONE AND FLEET MANAGEMENT
(FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1321(b)(7)). (FEDERAL WATER POLLUTION CONTROL ACT, 33 U.S.C. 1321(b)(7)).

51. 51.

Plaintiff, United States of America, refers to to and incorporatesreference as though America, refers and incorporates by by reference as though Plaintiff, United States

fully set forth herein each and every foregoing paragraph Complaint. . fully set forth herein each and every foregoing paragraph of thisof this Complaint..
Pursuant to U.S.C 1321 (b )(7), REGAL STONE and FLEET MANAGEMENT 52. Pursuant to 33 33 U.S.C 1321 (b)(7), REGAL STONE and FLEET MANAGEMENT are subject to a a judicially assessed civil penalty.. are subject to judicially assessed civil penalty. . 53. Pursuant to U.S.C 1321 (b )(7), REGAL STONE and FLEET MANAGEMENT 53. Pursuant to 3333 U .S.C 1321 (b)(7), REGAL STONE and FLEET MANAGEMENT are liable to the United States forfor a judicially assessed civil penalty in an amountdetermined are liable to the United States a judicially assessed civil penalty in an amount to be to be determined

at trial. at trial. // II
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1 2 2

WHEREFORE, the United States America prays as as follows: WHEREFORE, the United States ofof America praysfollows: t. 1. That United States of America granted judgment against all Defendants pursuant That United States of America be be granted judgrnent against all Defendants pursuant

3 to the First Amended Verified Complaint of the the United States herein; to the First Amended Verified Complaint of United States herein; 4 4

2. 2.

That if Defendants REGAL STONE and FLEET MANAGEMENT cannot be found That if Defendants REGAL STONE and FLEET MANAGEMENT cannot be found

5 within this District, then, pursuant to Supplemental Admiralty Rule B of the FederalFederal Rules of Civil 5 within this District, then, pursuant to Supplemental Admiralty Rule B of the Rules of Civil 6 Procedure, that all of any such absent Defendants' property of any description, whatsoever, including 6 Procedure, that all of any such absent Defendants property of any description, whatsoever, including 7 other vessels or real property, located within thisthis Districtattached for up to up to the amounts sued for 7 other vessels or real property, located within District be be attached for the amounts sued for 8 herein, and condemned and sold to to pay the amounts due plaintiff herein; 8 herein, and condemned and sold pay the amounts due plaintiff herein; 9
3. 3.

That actual notice of the commencement of suit, in a manner approved by the That actual notice of the commencement of this this suit, in a manner approved by the

10 Court, be given to the custodian, master or other ranking officer of the Vessel, as may be applicable, 10 Court, be given to the custodian, master or other ranking officer of the Vessel, as may be applicable, 11 and to any person, firm oror corporation which has recorded a notice of claim of any undischarged lien 11 and to any person, firm corporation which has recorded a notice of claim of any undischarged lien 12 upon the said Vessel; 12 upon the said Vessel; 13 13

4. 4.

That, pursuant to Rule C(3) the Supplemental Rules for for Certain Admiralty That, pursuant to Rule C(3) ofof the Supplemental Rules Certain Admiralty and and

14 14 Maritime Claims this Honorable Court enter an order authorizing a warrant for the arrest of the of the Maritime Claims this Honorable Court enter an order authorizing a warrant for the arrest 15 15 Vessel, her engines, tackle, appurtenances, etc.; Vessel, her engines, tackle, appurtenances, etc.; 16 16 That a warrant issue for the arrest ofof the Vessel, her engines, tackle, appurtenances, a warrant issue for the arrest the Vessel, her engines, tackle, appurtenances, 5.o 17 17
etc.;

18 18 19 19 20 20 21 21 22 22 23 23 24 24

6. 6.

judgrnent of condemnation and sale entered against the the Vessel, her engines, That judgment of condemnation and sale be be entered against Vessel, her engines,

tackle, appurtenances, etc.; tackle, appurtenances, etc.;

7. 7. That plaintiff United States of America declared the holder of a valid preferred That plaintiff United States of America be be declared the holder of a valid preferred

maritime lien on the Vessel, in rem; maritime lien on the Vessel, in rem; 8. 8. That the Vessel be sold and the proceeds ofof the Vessel be applied firstany any That the Vessel be sold and the proceeds the Vessel be applied first to to

'udgments, costs, and expenses of of the United States with respect toVerified Complaint of the of the iudgments, costs, and expenses the United States with respect to the the Verified Complaint United States herein; United States herein;

25 25 26 26 27 27

9. 9.

In the alternative, that the Vessel, asas defined in the NMSA, 16 U.S.C. 1437(e), be the alternative, that the Vessel, defined in the NMSA, 16 U.S.C. 1437(e), be

forfeited to the United States; forfeited to the United States;

9

28 FIRST AMENDED VERIFIED COMPLAINT -- C07-6045 SC 28 AMENDED VERIFIED COMPLAINT C07-604S sc

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10. For such other relief as the Court deems just and proper in premises. 10. For such other relief as the Court deems just and proper in the the premises. JEFFREY S. BUCHOLTZ JEFFREY S. BUCHOLTZ Acting Assistant Attorney General Acting Assistant Attorney General /s/R. Michael Underhill /s/ R. Michael Underhill R. MICHAEL UNDERHILL R. MICHAEL UNDERHILL Attorney In Charge, West Coast Office Attorney In Charge, West Coast Office Torts Branch, Civil Division Torts Branch, Civil Division U.S. Department of Justice U.S. Department of Justice RONALD J. TENPAS RONALD J. TENPAS Assistant Attorney General Assistant Attorney General Environment and Natural Resources Division Environment and Natural Resources Division /s/Bradley R. OBrien /s/ Bradley R. O'Brien BRADLEY R. OBRIEN BRADLEY R. O'BRIEN Environmental Enforcement Section Environmental Enforcement Section Attorneys for Plaintiff United States of America Attorneys for Plaintiff United States of America

2 Dated: March 14,2008. 2 Dated: March 14, 2008. 3 4 4 5 6 7 8 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28

FIRST AMENDED FIRST AMENDED VERIFIED COMPLAINT -- C07-6045 SC COMPLAINT C07-6045 SC

10 10

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VER_WICATION VERIFICA TION R. Michael Underhill says: R. Michael Underhill says: I am one of the attorneys for plaintiff, United States of America, herein, and this I am one of the attorneys for plaintiff, United States of America, herein, and make make this

4 verification by authority forfor and on behalf; I havehave read the foregoing First Amended Complaint, 4 verification by authority and on its its behalf; I read the foregoing First Amended Complaint, 5 know the contents thereof, and from information officially furnished to me to me believe the same to be know the contents thereof, and from information officially furnished believe the same to be 6 true. 6 true. 7 7

I verify under penalty perjury, in in accordance with 28 U.S.C. t746, that the foregoing is I verify under penalty ofof perjury, accordance with 28 U.S.C. 1746, that the foregoing is

8 true and correct. 8 tree and correct. 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 FIRST AMENDED VERIFIED COMPLAINT - C07-6045 SC 28 FIRST AMENDED COMPLAINT C07-6045 SC
11 !1 /s/ R. Michael Underhill /s/R. Michael Underhill R. MICHAEL UNDERHILL R. MICHAEL UNDERHILL Dated: March 14, 2008. Dated: March 14, 2008.