Page 20: of Maritime Reporter Magazine (October 1999)

Legal Update

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 disposi- tion of litigation challenging tanker reg- ulations imposed by the State of Wash- ington. INTERTANKO had petitioned the Supreme Court for issuance of the writ.

The challenged Washington State reg- ulations imposed on U.S. and foreign tankers carrying oil in Washington waters a number of unique regulations governing on-board equipment, technol- ogy, crew training and qualifications, and operational requirements. INTER-

TANKO brought suit in 1995 challeng- ing 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 regula- tions governing vessel safety and envi- ronmental protection places at risk the international safety system that requires harmony among maritime nations - ulti- mately jeopardizing the natural environ- ment that Washington State seeks to pro- tect.

Based in San Francisco, the Ninth Cir- cuit 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 INTER-

TANKO. "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 U. S. and other maritime nations, along with activist organizations like INTER-

TANKO, 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 expe- dited basis, with oral argument to be heard in early December.

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