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 May 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Shell CEO Backs Fossil Fuels, Climate Change Warnings

The world's fossil fuel reserves cannot be burned unless some way is found to capture their carbon emissions, Royal Dutch Shell Plc Chief Executive Officer Ben van Beurden said on Friday.

Pipeline Spill Could Hamper California Oil Projects

Hundreds of barrels of oil that gushed from a ruptured coastal pipeline in scenic California this week could stiffen opposition to large oil projects that companies want to build in the state,

U.S. Senators Urge Obama to Block Arctic Oil Drilling

A group of 18 mostly Democratic U.S. senators on Friday urged the Obama administration to stop Royal Dutch Shell's preparations for oil exploration in the Arctic,

 
 
Maritime Careers / Shipboard Positions Maritime Security Navigation Pipelines Pod Propulsion Salvage Ship Repair Shipbuilding / Vessel Construction 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: 0.1059 sec (9 req/sec)