AWO Applauds Judgment Against Oil Spill Law

Tuesday, April 06, 2010

The American Waterways Operators (AWO), the national trade association for the tugboat, towboat and barge industry, hails the decision yesterday by the U.S. District Court, Massachusetts District, to grant Summary Judgment against a 2004 Massachusetts oil spill law, declaring it null and void.  The U.S. Department of Justice sued the Commonwealth over the constitutionality of the law enacted in response to a 2003 accidental tank barge oil spill in Buzzards Bay.  The decision affirms the 2008 recommendation of the Magistrate Judge that Massachusetts acted unconstitutionally in enacting the 2004 law that regulated the crewing and operation of towing and tank vessels, areas reserved to the Federal government, specifically the U.S. Coast Guard.  This action by the District Court upholds the longstanding principle of Federal preemption for interstate commerce and the exclusive authority of the Coast Guard over these and other navigational safety issues. 

In ruling, Judge Douglas P. Woodlock  asserted, “In the final analysis, the law of preemption – well charted by the Magistrate Judge in his successive Reports and Recommendations – leaves the last word under Federal law regarding the formulation of regulations to control vessel traffic, to enhance vessel safety and to decrease environmental hazards in Buzzards Bay to the Coast Guard.  Congress has explicitly authorized the Coast Guard to do so through its rulemaking process.” 

AWO President & CEO Thomas Allegretti pointed out the benefits to maritime safety of the ruling saying, “Federal law provides a consistent regulatory framework that helps ensure a safe operating environment for interstate commerce by preventing a confusing set of different situational rules dependent on location.  A Regulated Navigation Area (RNA) enacted by the Coast Guard established special safety rules for vessels operating in the area, and safety statistics show that the RNA is working well.  This decision puts the safety and environmental protection of U.S. waters squarely under the appropriate authority of the U.S. Coast Guard.”

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

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

MISC Publishes its 2015 Sustainability Report

MISC Berhad (MISC) today announces the publication of its 2015 Sustainability Report, covering the Company’s commitment, strategy and performance for the year ended

Vandermeiren is CEO, Antwerp Port

Jacques Vandermeiren (52) has been appointed CEO of Antwerp Port Authority as of 1 January 2017. He succeeds Eddy Bruyninckx who after 25 years at the head of the

Environmental

MISC Publishes its 2015 Sustainability Report

MISC Berhad (MISC) today announces the publication of its 2015 Sustainability Report, covering the Company’s commitment, strategy and performance for the year ended

Admiral of the Ocean Sea Award Recipients Named

The United Seamen's Service (USS) 2016 Admiral of the Ocean Sea Awards (AOTOS) will be presented to Arthur E. Imperatore, Founder and President of New York Waterways; Donald Marcus,

Orca Energy ESS to Power Fish Farm Support Vessel

Grovfjord Mek. Verksted AS (GMV) has selected Corvus Energy as the supplier of the lithium ion based energy storage system (ESS) for a fish farm support vessel called GMV ZERO.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Naval Architecture Navigation Port Authority Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction
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: 0.0821 sec (12 req/sec)