No. 18-565October Term 2019Decided Mar 30, 2020
CITGO Asphalt Refining Co. v. Frescati Shipping Co.
After an oil tanker struck a submerged anchor near its New Jersey destination and spilled crude oil into the Delaware River, the ship’s owner and the federal government sought to recover cleanup costs from the companies that selected the tanker’s berth.
Case status
- Current stage
- Decided
- Latest event
- Decision released Mar 30, 2020
- What it's about
After an oil tanker struck a submerged anchor near its New Jersey destination and spilled crude oil into the Delaware River, the ship’s owner and the federal government sought to recover cleanup costs from the companies that selected the tanker’s berth. The case asked how to read the voyage charter’s "safe-berth" clause—whether it made the charterer strictly responsible for choosing a safe berth or only required reasonable care.
Question presented
Whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship's safety, as the Third Circuit below and the Second Circuit have held, or a duty of due diligence, as the Fifth Circuit has held.
- Case path
United States Court of Appeals for the Third Circuit / Decision released Mar 30, 2020
- Area
Business and Regulation
Timing
Decided March 30, 2020
The Court released its decision on March 30, 2020 without hearing oral argument.
Related cases
Grounding
- Grounding
- Primary-source trail available.
- Note
- Plain-English explainer. Official filings and opinions remain authoritative.
- Checked
- Jul 3, 2026
- Method
- Methodology