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

Legal

Swiber Applies for Judicial Management Instead of Liquidation

Singapore oilfield services company Swiber Holdings Ltd said on Friday it has applied to place itself under judicial management instead of liquidation.   Swiber

Daewoo Shipbuilding: $1.4 bln order Cancelled

Cancelled order part of Statoil's Bressay project. South Korea's Daewoo Shipbuilding & Marine Engineering Co Ltd on Friday said a 1.58 trillion won ($1.41 billion)

Gener8 Maritime Net Income Up 91%

Announcing its financial results today for the three and six months ended June 30, 2016 Gener8 Maritime, Inc. reported net income of $38.0 million, or $0.46 basic and diluted earnings per share,

Environmental

Singapore, Malaysia Conduct Joint Chemical Spill Drill

The Maritime and Port Authority of Singapore (MPA) and the Marine Department of Malaysia (MDM) conducted a joint chemical spill exercise at sea along the East

Insights: Kunkel Weighs in on Propulsion Technology

LNG? Methanol as fuel? Hybrid systems? Tier 4? Reducing noise? Cutting emissions without crushing fuel economy? Marine News readers have questions and Bob Kunkel has answers.

Safety and Preparation on the Brownwater Radar

Weather Channel Forecasters are predicting a “near-average” hurricane season for 2016, but warn that an average season does not mean businesses and residents shouldn’t prepare for the worst.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Naval Architecture Navigation Offshore Oil Port Authority Salvage Ship Repair Ship Simulators Sonar
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: 0.0826 sec (12 req/sec)