Dredging Barge Did Not Have To Adhere To One-Call System Before Anchoring In Pipeline Case

Following an allision between a dredging barge and an underwater oil pipeline, the owners of the pipeline brought suit contending that the barge owner/operator failed to notify the Louisiana One Call Notification Center of its intent to anchor its location by lowering its ladder and cutter head (which allegedly damaged the pipeline).  As mandated by the U.S. Department of Transportation, Louisiana adopted a “One-Call System” to alert pipeline owners and owners of other underground facilities of any proposed potentially damaging activity in the vicinity of those facilities.  The U.S. District Court for the Eastern District of Louisiana decided, however, that the dredging barge had no duty to adhere to the One-Call System in this case.  The action constituted “anchoring,” even though the method used resulted in slightly more removal of earth than its other anchors, and the action was intended only to anchor and stabilize the barge.  As the court explained, “By interpreting the statute to include anchoring activity, [the barge owner] as well as any other dredging barge would be required to place a call to the center and wait forty-eight hours before merely anchoring the dredging barge.  Such an interpretation does not accord with the purpose of the statute and imposes an extraordinary burden on operators [of barges]” (emphasis in original).