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crew members, training and maritime casualty reporting requirement. For example, the state requires tankers
to put a third watchman on deck in periods of bad visibility and to have at least one deck officer who speaks English.
The justices said federal laws pre-empt states from setting their own standards to prevent oil spills from
tankers -- except to address "peculiar" local conditions. The ruling basically ends a long legal dispute between the
state and Intertanko, the International Association of Independent Tanker Owners. Justice Anthony Kennedy
ordered the remaining parts of the regulations be sent back to the federal trial judge so that their validity could be
reassessed "in light of the considerable federal interest at stake." These include requirements setting maximum
crew work hours, drug and alcohol-testing policies, operating procedures and personnel policies.
Harry Hutchins, executive director of Puget Sound Steamship Operators Association, is pleased with the
court's decision, and surprised by the consensus and range of the ruling. He said, to give the state its due, when it
first brought in the regulations tougher than the federal laws enforced by the U.S. Coast Guard the Coast
Guard hadn't caught up with them. Now though, the Coast Guard has caught up, and the state's are unnecessary, he said.
However, Washington's Attorney General Christine Gregoire said the ruling strikes a terrible blow
to Washington's Puget Sound protection, and called on the U.S. Coast Guard to strengthen its tanker regulations.
The tanker industry and federal government were supported by 15 foreign governments and a variety
of shipping and business groups. Twenty-one states and territories and many other organizations
supported Washington's case. The ruling may affect laws and regulations already on the books in 12 other U.S. states.
U.S./Emissions A lawsuit filed on behalf of an environmental group seeks to
compel the U.S. Environmental Protection Agency to regulate air pollution by large ocean-going vessels serving U.S. ports.
The lawsuit was filed in the U.S. Circuit Court on Feb.24 by Earthjustice Legal Defense Fund, on behalf of
the Bluewater Network. It seeks to compel the EPA to create strong emission standards for large ocean-going
vessels, claiming they impose a significant smog burden on U.S. port cities.
ALASKA/Emissions The EPA issued violation notices five days later against six cruise
lines operating in Alaska last summer, claiming 13 of their ships violated air pollution laws.
Notices of Violation were issued to Holland America Line, (operating the
Nieuw Amsterdam, Statendam, Veendam and
Westerdam); Princess Cruises, Inc. (Dawn Princess, Sea Princess, Sun
Princess); Celebrity Cruises, Inc. (Galaxy,
Mercury); Norwegian Cruise Lines, Inc. (Norwegian Dynasty, Norwegian
Wind); Carnival Cruise Lines, Inc.
(Jubilee); and World Explorer Cruises. Inc.
(Universe Explorer).
The EPA said these 13 ships fouled the air in Juneau, Seward and Glacier Bay, at times emitting smoke
that significantly exceeded state and federal limits for visible emissions. The companies have 30 days to respond to
the notices and the opportunity to meet with the EPA before any further action is taken.
John Hansen, president of the North West CruiseShip Association, said the EPA's actions were discouraging,
as the agency used information the cruise lines had gathered themselves as part of a program to ensure high levels
of environmental performance. He said the notices contributed little to cooperative discussions now under
way between industry and government officials, looking at ways of reducing air and water pollution.
WASH./Pipeline The U.S. Department of Transportation's Office of Pipeline
Safety (OPS) has ordered Olympic Pipe Line Co. to modify its internal testing and inspection plans before OPS will allow Olympic tothe section of pipeline closed after an explosion in Bellingham in June 1999. Three people died after the
pipeline ruptured, spilling 277,000 gallons of gasoline and subsequently exploding in Whatcom Falls Park, Bellingham.
ALASKA/Oil If Valdez's planned tanker tax goes ahead, the state could
lose about $2.4 million in royalties and severance taxes for next year's budget, the House Transportation Committee heard in March.
The City of Valdez's gain would be at the expense of the state, the
Anchorage Daily News reports. However, the loss would be offset within a few years. The tax would increase the oil industry's cost of transporting crude
to the Lower 48, thus decreasing royalties and severance taxes paid to the state. In November, Valdez City
Council unanimously passed an ordinance after watching its tax base decline along with the diminished value of the
trans-Alaska oil pipeline and tanker terminal. Oil and gas industry officials are strongly opposed to the planned tax.
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