Supreme Court Orders Review Of W. Coast Tanker Rules
INTERTANKO's long fight to overturn what it sees as unfair and damaging tanker legislation in the U.S. West Coast region is gaining ground, as on Friday, September 10, 1999, the U.S. Supreme Court issued a writ to the federal appellate court that reviews decisions in the western U.S. directing a review of that court's disposition of litigation challenging tanker regulations imposed by the State of Washington. The challenged Washington State regulations imposed on U.S. and foreign tankers carrying oil in Washington waters a number of unique regulations governing on-board equipment, technology, crew training and qualifications, and operational requirements.
Supreme Court Orders Review Of West Coast Tanker Rules
The proliferation of national, regional and local regulations which effectively dictate the design and outfitting of oceangoing ships are viewed with great disdain by the international shipping community, which contends that - given the shipping industry's global nature - that only one organization, the International Maritime Organization (IMO), should be empowered to implement sweeping changes. Local populations and politicians, however, who view ships at sea as a real threat to valuable local environmental havens - whether deserved or not - attempt to staunchly defend their territory under the shield of restrictive rules and regulations.
INTERTANKO Applauds U.S. Supreme Court Action
On Friday, September 10, 1999, the United States Supreme Court issued a writ to the federal appellate court that reviews decisions in the western U. S. directing a review of that court's disposition of litigation challenging tanker regulations imposed by the State of Washington. INTERTANKO had petitioned the Supreme Court for issuance of the writ. The challenged Washington State regulations imposed on U.S. and foreign tankers carrying oil in Washington waters a number of unique regulations governing on-board equipment, technology, crew training and qualifications, and operational requirements. INTERTANKO brought suit in 1995 challenging these rules as being constitutionally invalid given the substantial federal presence in the same areas of regulation.
US Supreme Court Hears Intertanko Oral Argument
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'.
