US Supreme Court Hears Intertanko Oral Argument

Thursday, December 30, 1999
On Dec. 7 the US Supreme Court heard the oral arguments of Intertanko, the US federal government, and the State of Washington in the State of Washington tanker regulations case. The hearing lasted just over one hour, with the Intertanko counsel using 15 minutes, the Justice Department 15 minutes and the lawyer for Washington State 30 minutes. This was followed by questions from the justices and a final summing up, with two minutes allowed to each of the three parties. Intertanko's US legal counsel, Jonathan Benner, reports that the nine Supreme Court justices were well prepared and understood the arguments. The questions put to the Intertanko and the US federal government attorneys were 'reasonable and sought clarification of certain points'. At this stage it is impossible to judge the outcome, but the Intertanko participants at the hearing felt that the merits of the arguments put forward by Intertanko and the US federal government were appreciated by the Supreme Court. The final decision is expected sometime in the six-week period from late March to mid-May 2000. At that point the Supreme Court will issue either a clear decision or a remand in which the case is turned back to the District Court in Seattle with clear instructions on how the Supreme Court justices believe it should be decided. As originally drafted, the Washington State regulations required US and foreign tankers carrying oil in Washington waters to comply with a number of unique requirements governing shipboard equipment and ship operational, management and crewing standards. Intertanko brought suit against these rules in 1995 on the grounds that they were constitutionally invalid due to the existence of similar international and US federal regulations. In June 1998 the Ninth Circuit Court issued a mixed decision, striking down those Washington State rules requiring specific equipment on tankers, such as emergency towing gear, differing from that mandated internationally, but upholding those state rules laying down special ship operational, management and crew training standards. Following the partial success achieved with this decision, the Association decided to press on with its case and to seek a hearing with the highest court in the US, an initiative which proved successful. In its argument before the Supreme Court, Intertanko pointed out that the proliferation of variable local regulations governing vessel safety and environmental protection not only places at risk the validity of the international safety regime but also ultimately jeopardizes the natural environment that Washington State is seeking to protect. The US federal government has supported Intertanko with its legal action at both the Circuit Court and Supreme Court levels. (Source: Intertanko)
Maritime Reporter July 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

USCG Boatcrew Searching for Burglary Suspect

U.S. Coast Guard (USCG) search-and-rescue crews are currently searching for a burglary suspect in the vicinity of the Rickenbacker Causeway near Miami, Fla. Friday morning.

US Steel Producers Win Anti-dumping Case

The U.S. International Trade Commission on Friday voted to impose anti-dumping duties against steel pipe imports from seven countries, exempting two, handing a

China Appeals WTO Ruling on US Solar Panel Dispute

China has appealed against a WTO dispute panel report on anti-dumping duties applied on certain Chinese products by the United States, the World Trade Organization (WTO) said on Friday.

Marine Electronics

Servowatch to Showcase New AMC Range at SMM

Servowatch Systems, a U.K.-based business unit of the Electrical and Automation division of India’s engineering giant Larsen & Toubro, said its exhibition stand

Krill Supplies VFMMS to Island Tug and Barge

Krill Systems Inc., a producer of Vessel Fuel Measurement and Monitoring Systems (VFMMS), announced delivery, installation and successful sea trials of three more systems to Island Tug and Barge Ltd.

Harris Secures Certification for its Multi-channel Manpack Radio

Harris Corporation (NYSE:HRS) has received Type-1 National Security Agency (NSA) certification for its Falcon III® RF-340M multi-channel manpack radio. The certification

 
 
Maritime Standards Navigation Offshore Oil Pipelines Pod Propulsion Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
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: 0.2732 sec (4 req/sec)