At the time of Webb's injury, the PEGASUS II was towing a loaded Great Lakes Dredge & Dock Company ("Great Lakes") barge to the disposal area for dumping. Webb was injured while working as a deckhand aboard the Whitehorse tug, "PEGASUS II," when the tug touched bottom in the southern access channel leading to the Craney Island disposal area. ("Whitehorse"), filed this action seeking to recover monies spent in defending and settling a personal injury action brought against it by one of its employees, Guy Leon Webb. O'Donnell, Kaufman & Canoles, Norfolk, Va., for defendant. Tucker, Vandeventer, Black, Meredith & Martin, Norfolk, Va., for plaintiff. GREAT LAKES DREDGE & DOCK COMPANY, Defendant. 106 (1990) WHITEHORSE MARINE, INC., Plaintiff, The district court did not abuse its discretion when it determined that use of the Habitat Equivalency Analysis (HEA) was appropriate and that the underlying scientific data satisfied Daubert.751 F. The National Marine Sanctuaries Act governs the case, and the United States seeks damages for violating ยง 1443 of the NMSA, which imposes strict liability for damage or injury to any sanctuary resource. The court required the government to recalculate the damages based on its findings of fact and entered final judgment against Great Lakes for $368,796.97 after setting off the settlement amount paid by Coastal. The court awarded the government response and assessment costs, compensatory and monitoring costs, and permitting and supervision costs. The government cross-appeals the district court's ruling that no primary restoration is required for the grounding site. The court affirmed the district court's decision on liability but vacated a portion of the damages award and remanded for further factual findings. Great Lakes was found liable for damages caused to the Florida Keys Marine Sanctuary due to a grounded tugboat and dredge pipe.
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