Supreme Court to consider who can set rules for oil tankers

by The Associated Press

The Supreme Court agreed Sept. 10 to decide whether Washington state can set rules for staffing and operating oceangoing oil tankers, even though the government says they conflict with national and international standards.

The court said it will hear arguments by the Clinton administration and the International Association of Independent Tanker Owners, known as Intertanko.

Government lawyers said a lower court ruling that upheld the state rules “gravely impairs the Coast Guard’s longstanding authority to adopt uniform national rules” and the government’s ability to comply with national standards.

Washington state officials in 1994 adopted standards for training, language, staffing and drug-testing of oil tanker crews. The state also required tankers to have certain navigation and towing equipment.

A judge upheld the rules, relying on a 1990 federal law — enacted after the 1989 Exxon Valdez oil spill in Alaska — that set federal liability standards for oil spills and said states could impose additional requirements.

The federal government joined Intertanko’s appeal to the 9th U.S. Circuit Court of Appeals. The appeals court decided the state’s rules on navigation and towing equipment were pre-empted by federal law, but it upheld the state rules on staffing and operation of oil tankers. The 1990 law showed Congress’ willingness to allow state action on oil spill prevention and liability, the appeals court concluded.

In one of the appeals acted on Sept. 10, Justice Department lawyers said the state’s rules differ from national and international standards, and that the government has received diplomatic protests from 14 nations and the European Community.