United States v. Great Lakes Dredge & Dock Company

Great Lakes Dredge & Dock Company (defendant) hired Coastal Marine Towing to tow equipment across the Florida coast; a navigational error by one of Coastal's tugboats caused another tugboat to run aground in the Florida Keys National Marine Sanctuary, destroying nearly 7,500 square feet of sea bottom. NOAA developed several restoration alternatives, including a no-action plan and a more aggressive imported-fill plan, with expert testimony indicating the site would recover in 70 years under the imported-fill approach. The district court nonetheless selected the no-action plan based solely on that 70-year figure and held Great Lakes strictly liable for the damage. Great Lakes appealed, arguing the government could not sue over a state-owned sanctuary and that it had a valid third-party defense based on Coastal's independent conduct; the government cross-appealed the no-action plan.