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 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

Guzmán Re-elected Harbor Commission President, Long Beach Port

Harbor Commission President Lori Ann Guzmán was re-elected Monday evening to serve a second one-year term leading the board that oversees the Port of Long Beach, the nation’s second-busiest seaport.

Bahri Q2 Net Profit Soars

National Shipping Company of Saudi Arabia (Bahri), the exclusive oil-shipper for Saudi Aramco, reported a 47.2 percent increase in second-quarter net profit on Tuesday.

U.S. Backs S. China Sea Bilateral Talks

U.S. Secretary of State Kerry says backs bilateral talks; Philippines says dispute does not involve United States. U.S. Secretary of State John Kerry said on

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Naval Architecture Navigation Salvage Ship Repair Sonar 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: 0.0657 sec (15 req/sec)