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Lloyd's Maritime and Commercial Law Quarterly

RECENT AMENDMENTS TO THE U.S. WRECK REMOVAL ACT

Sooner or later almost every American maritime lawyer and his clients, whether they be owners, operators, or underwriters, will have to deal with problems arising out of the wreck of a vessel which has been sunk or stranded in navigable waters. For nearly a century, a large volume of wreck-related litigation has resulted from the interplay of three factors. First, the United States has a lengthy coastline and an extensive inland waterways system. Secondly, an early decision1 of the Supreme Court of the United States extended the admiralty jurisdiction to cover all public navigable waters. Thirdly, in 1899 Congress enacted the Rivers and Harbors Act, which is not, to put it charitably, a model of clarity. This Act, codified at 33 U.S. Code, ss. 401–418, provides generally for the maintenance of navigable waters by the U.S. Army Corps of Engineers. Sections 409–415, constituting the “Wreck Act” (referred to herein as the “Act”), prescribe the liabilities resulting from a wreck and the responsibility for its removal. These sections in particular are a masterpiece of obfuscation. For example, the nature and extent of civil liability flowing from the Act must be divined from what purport to be criminal provisions.
After many years of struggling with the statutory language, the courts have gradually developed a body of law from which the maritime lawyer can with reasonable certainty answer the leading question from his client: Can I merely abandon this wreck to the Government and walk away without further liability? From 1899

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