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 August 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Deal to End Lockout at Canada Uranium Mine

Canadian uranium producer Cameco Corp and the United Steelworkers union, which represents 535 workers at the world's largest uranium mine and a nearby mill,

Oil Refiner Bound to Goldman, Deutsche Fee Agreements - NY Judge

CVR Energy Inc is bound by agreements to pay Goldman Sachs Group Inc and Deutsche Bank AG more than $36 million in fees and expenses stemming from billionaire

Yang Ming Extends Charter Terms for Five 14,000-TEU Ships

Seaspan Corporation announced today that Yang Ming Marine Transport Corp., has confirmed the term of the fixed-rate time charters for the five 14000 TEU SAVER

 
 
Maritime Security Naval Architecture Navigation Pod Propulsion Port Authority Salvage Ship Repair Ship Simulators Shipbuilding / Vessel Construction Sonar
rss | archive | history | articles | privacy | terms and conditions | 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: 0.1223 sec (8 req/sec)