Oil Pollution Spill Drills News

When is a victory, not a victory?

As recent events have shown, no single judicial action is likely to have as much impact on the maritime community in the next decade as the Supreme Court?s U.S. v. Locke (Intertanko) decision. Last year, the Supreme Court ruled unanimously that a state could not impose tanker safety standards that exceeded the federal standards set by the Oil Pollution Act of 1990 (OPA 90). At the time, it was widely hailed as a major victory for tanker owners. The decision appeared to limit states? ability to regulate shipping; but on second glance, something far more dangerous to the maritime community was contained within. The Supreme Court outlined a road map for how any state could pass legislation and implement regulations with far reaching implications. The gist of the legal loophole is this. U.S.