Navigation Law

The New York State Navigation Law (also known as the “Oil Spill Law”) is the primary statutory mechanism for addressing legal liability and the cleanup for oil spills on land and water in New York State. The Oil Spill Act assigns strict liability to any person who has discharged petroleum, for all cleanup and removal costs associated with the cleanup of the petroleum, as well as all direct and indirect damages, such as attorney’s fees. Mackey Butts & Whalen, LLP is well suited to represent private individuals and businesses in actions to recover cleanup costs, through either a direct‚ cost recovery action against dischargers of petroleum, or a contribution action brought by a person or business who has had to pay cleanup costs to the party that performed the cleanup. 

Mackey Butts & Whalen, LLP is equipped to represent individuals and businesses who have been sued by either New York State or private parties in actions seeking to recover costs incurred in the cleanup of oil spills.  We have multiple attorneys with experience in representing clients in negotiations with New York State in settling oil spill cases, working with environmental consultants in developing cost-effective clean-up plans, and bringing affirmative cases to recover cleanup costs or defend actions brought under the Oil Spill Law and common law. 

Our firm’s attorneys are here to ensure that our client’s residential and commercial properties are protected from violators of the Oil Spill Law.