Esco Marine Inc. v. SS Pacific Star et al
Filing
172
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/3/2011 ORDERING that the sale of the vessel SS Pacific Star shall proceed as ordered on 11/7/2011; DIRECTING the Clerk to serve this Order on the USM and the EPA. (cc: USM, EPA) (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ESCO MARINE INC.,
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Plaintiff,
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Civ. S- 11-1353 KJM GGH
vs.
SS PACIFIC STAR,
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Defendant.
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ORDER
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On November 2, 2011, the United States Marshal filed a memorandum requesting
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clarification of whether sale of the vessel should proceed on November 7, 2011, in light of a
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report by the Environmental Protection Agency, based on an inspection of the vessel on April 6,
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2004, in which high levels of PCBs were detected. This report came to the attention of the
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Marshal by way of an email from an EPA representative, pointing out that the Toxic Substances
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Control Act prohibits distribution in commerce of this vessel for purposes of use or export.
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It is doubtful that the mere sale of the vessel per se constitutes “use” or “export.”
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But in any event, despite the invitation of the court to do so, the EPA has not sought to intervene
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in this action, and its informal email to the Marshal does not require action on the part of the
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court.
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\\\\
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Accordingly, IT IS ORDERED that:
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1. The sale of the vessel SS Pacific Star shall proceed on November 7, 2011 as
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ordered.
2. The Clerk of the Court is directed to serve this order on Valerie Duran at the
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U.S. Marshals Service, and the U.S. Environmental Protection Agency at the following email
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address: Rollins.Christopher@epamail.epa.gov.
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DATED: November 3, 2011
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:076/EscoMarine1353.usm.wpd
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