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. INTERTANKO also contends that the proliferation of variable local regulations governing vessel safety and environmental protection places at risk the international safety system that requires harmony among maritime nations - ultimately jeopardizing the natural environment that Washington State seeks to protect. Based in San Francisco, the Ninth Circuit Court of Appeals, found in favor of INTERTANKO's attack on the State's equipment and technology rules, but allowed the State of Washington's efforts to impose differential regulations on vessel manning and operational requirements. INTERTANKO sought Supreme Court review of that portion of the appellate court's decision that left discretion to the State and was supported by the U.S. Government. "We are most pleased with the Supreme Court's decision to review this important matter," said Dagfinn Lunde, the managing director of INTERTANKO. "Very few cases receive Supreme Court scrutiny and we view this action as a concurrence with INTERTANKO's assessment that state and local actions in the field of vessel safety present, at a minimum, serious constitutional issues in the U.S. federal scheme." He added: "Moreover, if the individual states and localities can unilaterally secede from the demanding federal and international standards that the United States and other maritime nations, along with activist organizations like INTERTANKO, have promoted, all the progress we have made over the past twenty years is at risk." The Supreme Court directed that the matter be briefed and argued on an expedited basis, with oral argument to be heard in early December.