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 Today


The Maritime Industry's original and most viewed E-News Service

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

Legal

SunEdison Restrained from 'Unusual' Asset Transfers

Solar company SunEdison Inc said a U.S. court has restrained the company from making any unusual asset transfers until a hearing in a lawsuit brought on by investors

Owner Fined for 'Dangerously Unsafe' Vessel

The owner of a harbor tanker has been fined £3,000 with more than £7,000 costs after pleading guilty to a charge of operating a vessel for being dangerously unsafe.

Philippines Mulls Bilateral Sea Talks with China

The Philippines may consider two-way talks with China to resolve a territorial dispute in the South China Sea but only if it wins its case with Beijing at an arbitration tribunal in The Hague,

Marine Electronics

Update on Seagull Mobile apps for Crew

The Seagull mobile app for crew training status is set to revolutionise the way seafarers track their training records and receive critical safety alerts, by making

Danelec Marine Making Free ECDIS Upgrades

Ships with older Danelec ECDIS models are being upgraded to new hardware and software   Danelec Marine has launched a program to provide free upgrades of shipboard

Transas Academy Launched

Transas Academy launched during the Simulation User Conference 2016   Transas has launched its newly established Transas Academy, part of the company's THESIS,

 
 
Maritime Contracts Maritime Standards Naval Architecture Offshore Oil Pod Propulsion Ship Repair Ship Simulators 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: 0.0740 sec (14 req/sec)