Vol. 35 No.20
       ©2007 Marianas Variety
Thursday, April 12, 2007 www.mvariety.com
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Apra Harbor oil spill case hearing to start in May

By Gina Tabonares
Variety News Staff

THE civil case filed a year ago by the federal government against a foreign shipping vessel for alleged violation of the Oil Pollution Act will begin in May.
The case was filed by the United States against Marwan Shipping & Trading Co., Five Seas Shipping Co. and S.J Gargrave Syndicate to recover damages from the Oil Spill Liability Trust Fund.
According to the complaint, Marwan Shipping & Trading Co, with business address in the United Arab Emirates, is the owner of the M/V AJMAN 2.
The complaint stated that in or about August and September 2004, the M/V AJMAN 2, while in the Exclusive Economic Zone and territorial seas of the United States, posed a substantial threat of pollution to navigable waters of the U.S., including the waters of Apra Harbor in Guam and adjoining shorelines of the island.
The said vessel was grounded at Family Beach, adjacent to Hotel Wharf in Apra Harbor and through its various government agencies, the federal government conducted removal of oil spill to alleviate substantial threat of pollution.
According to the U.S. Attorney’s Office, because of the incident, removal costs and damages sustained by the federal government exceed $829,051.
The plaintiff wants to recover the cost plus interest, administrative charges, disbursements and attorneys’ fees.
Lawrence Teker, one of the attorneys for the defendants, informed the District Court of Guam that counsel for other defendants had agreed for an oral argument either on May 16 or May 17 at 1:30 p.m.
The hearing was set for oral argument of Gargrave Syndicate’s motion to dismiss cross-claim or alternatively to stay the cross-claim.
The District Court has yet to decide whether it will hear the argument on May 16 or the next day.