US Supreme Court Hears Intertanko Oral Argument

Thursday, December 30, 1999
On Dec. 7 the US Supreme Court heard the oral arguments of Intertanko, the US federal government, and the State of Washington in the State of Washington tanker regulations case. The hearing lasted just over one hour, with the Intertanko counsel using 15 minutes, the Justice Department 15 minutes and the lawyer for Washington State 30 minutes. This was followed by questions from the justices and a final summing up, with two minutes allowed to each of the three parties. Intertanko's US legal counsel, Jonathan Benner, reports that the nine Supreme Court justices were well prepared and understood the arguments. The questions put to the Intertanko and the US federal government attorneys were 'reasonable and sought clarification of certain points'. At this stage it is impossible to judge the outcome, but the Intertanko participants at the hearing felt that the merits of the arguments put forward by Intertanko and the US federal government were appreciated by the Supreme Court. The final decision is expected sometime in the six-week period from late March to mid-May 2000. At that point the Supreme Court will issue either a clear decision or a remand in which the case is turned back to the District Court in Seattle with clear instructions on how the Supreme Court justices believe it should be decided. As originally drafted, the Washington State regulations required US and foreign tankers carrying oil in Washington waters to comply with a number of unique requirements governing shipboard equipment and ship operational, management and crewing standards. Intertanko brought suit against these rules in 1995 on the grounds that they were constitutionally invalid due to the existence of similar international and US federal regulations. In June 1998 the Ninth Circuit Court issued a mixed decision, striking down those Washington State rules requiring specific equipment on tankers, such as emergency towing gear, differing from that mandated internationally, but upholding those state rules laying down special ship operational, management and crew training standards. Following the partial success achieved with this decision, the Association decided to press on with its case and to seek a hearing with the highest court in the US, an initiative which proved successful. In its argument before the Supreme Court, Intertanko pointed out that the proliferation of variable local regulations governing vessel safety and environmental protection not only places at risk the validity of the international safety regime but also ultimately jeopardizes the natural environment that Washington State is seeking to protect. The US federal government has supported Intertanko with its legal action at both the Circuit Court and Supreme Court levels. (Source: Intertanko)

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter June 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Traffic Separation Schemes off Western Australia

On 1 December 2016 two new Traffic Separation Schemes (TSS) will come into effect off the south-west coast of Western Australia. Australia’s proposal to establish

Berthing Policy for Dry Bulk Cargo for Indian Ports Unveiled

Ministry of Shipping has formulated a new Berthing Policy for Dry Bulk Cargo for all Major Ports which will come into effect from 20th August, 2016. The objective

Statoil’s 50 years to be Recorded

Statoil has decided to launch a large project to write the story about the company for its 50th anniversary in 2022. The University of Oslo has been chosen the

Marine Electronics

Denmark Adopts Digital Ship Certification

As of June 24, 2016, ships flying the Danish flag are being digitally certified, making Denmark one of the first countries to put an end to the 100-year-old tradition

PGS, Radio Holland Expand Service Agreement

Norwegian marine geophysical company PGS has extended its non-exclusive service agreement with Radio Holland for navigation and communication services onboard nine seismic vessels in its global fleet.

AkzoNobel Wins Major Environmental Award

AkzoNobel’s pioneering methodology for rewarding ship owners who use sustainable hull coatings has been named Environmental Leader Product of the Year for 2016.

 
 
Maritime Contracts Navigation Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Repair Ship Simulators Winch
rss | archive | history | articles | privacy | 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: 0.0758 sec (13 req/sec)