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Who Is a Discharger Under the New York Oil Spill Law?
Suzanne Avena and Marc Sittenreich of Garfunkel Wild write: The water seems muddy regarding just who is and who is not a “discharger” under the New York Oil Spill Law. As a public welfare environmental law, the statute is interpreted broadly. However, it seems that the strict, retrospective, joint and several liability scheme is more often than not wielded by courts to capture a more variable selection of parties as dischargers than what may have been intended.
