Banning of Exxon Valdez Upheld

Friday, November 01, 2002
The U.S. Court of Appeals for the Ninth Circuit ruled that the provision in the Oil Pollution Act of 1990 (OPA 90) banning from Prince William Sound any tank vessel that, after March 22, 1989, spilled more than 1 million gallons of oil is constitutional. The Exxon Valdez spilled approximately 11 million gallons of oil when it grounded in Prince William Sound on March 23, 1989. The statute effectively banned the Exxon Valdez from engaging in the only trade for which it was constructed. The tanker owner sued the federal government, arguing, among other things, that the statute was an unconstitutional bill of attainder. The court upheld the statute, finding that it was not a bill of attainder because other vessels (albeit none in the U.S. trade) were potentially impacted by the statute. The court found that banning the Exxon Valdez is not, from a judicial perspective, considered an illegal punishment of its owner (objects, such as ships, have no constitutional rights). The court also found that statute served a legitimate legislative purpose and did not violate the Equal Protection clause of the Constitution. Source: HK Law
Maritime Reporter February 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Green Groups Sue Port of Seattle

A coalition of environmental groups has sued the Port of Seattle over a leasing agreement to host Shell Oil’s Arctic drilling fleet, claiming the deal was negotiated

Strip Club Barge Accused of Dumping Sewage into Harbor

Owners of floating Kodiak strip club indicted by Federal Grand Jury; Wild Alaskan operators accused of dumping raw sewage into Kodiak Harbor, Alaska   A federal

MOL Expands Container Fleet

Mitsui O.S.K. Lines, Ltd. has signed a deal for construction of four 20,000 TEU containerships with Samsung Heavy Industries. MOL also concluded an MOU for long-term chartering of two 20,

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Navigation Pipelines Salvage Ship Electronics Ship Simulators Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1425 sec (7 req/sec)