THE INTERNATIONAL ASSOCIATION OF INDEPENDENT TANKER OWNERS (INTERTANKO), Plaintiff-Appellant,
and
United States of America, Intervenor-Appellant,
v.
Gary LOCKE, Governor of the State of Washington; Christine O. Gregoire, Attorney General of the State of Washington; Barbara J. Herman, Administrator of the State of Washington Office of Marine Safety; David Maceachern, Prosecutor of Whatcom County; K. Carl Long, Prosecutor of Skagit County; James H. Krider, Prosecutor of Snohomish County; Norman Maleng, Prosecutor of King County, Defendants-Appellees,
and
Natural Resources Defense Council; Washington Environmental Council; Ocean Advocates, Intervenors-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 4, 1998.
Decided June 18, 1998.
As Amended August 31, 1998.
Attorney(s) appearing for the Case
C. Jonathan Benner (argued), Sean T. Connaughton, Darin R. Bartram, Eckert Seamans Cherin & Mellott, Washington, DC; Henry C. Jameson, Jameson, Babbitt, Stites & Lombard, Seattle, Washington, for plaintiff/appellant International Association of Independent Tanker Owners.
Douglas Letter (argued), United States Department of Justice; Frank H. Hunger, Assistant Attorney General; Katrina C. Pflaumer, United States Attorney, Washington DC, for intervenor/appellant United States.
William B. Collins (argued), Senior Assistant Attorney General; Jerri L. Thomas, Tanya Barnett, Assistant Attorneys General, Olympia, Washington, for defendants/appellees Gary Locke, Governor, Christine O. Gregoire, Attorney General, Barbara J. Herman, Administrator, David Maceachern, Prosecutor of Whatcom County, K. Carl Long, Prosecutor of Skagit County, Norman Maleng, Prosecutor of King County; Tim W. Dore, Snohomish County Deputy Prosecuting Attorney, Everett, Washington, for defendant/appellee James H. Krider, Snohomish County Prosecuting Attorney.
Jeffrey L. Needle (argued), John Macdonald, J. Grahame Bell, Seattle, Washington, for intervenors/appellees Washington Environmental Council, Natural Resources Defense Council, and Ocean Advocates Inc.
John B. Arum, Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, Washington, for amicus curiae Makah Indian Tribe.
Randall K. Gaylord, Prosecuting Attorney, John Briscoe, Louis F. Claiborne, Christopher J. Carr, Washburn, Briscoe & McCarthy, San Francisco, California, for amicus curie San Juan County.
Charles L. Coleman, III, Matthew P. Vafidis, Dennis L. Bryant, Haight, Gardner, Poor & Havens, San Francisco, California, for amicus curie International Chamber of Shipping.
Before: BROWNING and O'SCANNLAIN, Circuit Judges, and MARQUEZ, District Judge.
United States Court of Appeals, Ninth Circuit.
O'SCANNLAIN, Circuit Judge:
We must decide whether Washington's Best Achievable Protection Regulations, which impose requirements on oil tankers to prevent oil spills, are preempted by comparable federal legislation under the Supremacy Clause or otherwise violate the United States Constitution.
I
In the aftermath of the Exxon Valdez oil spill in 1989, the State of Washington enacted laws to protect its waters from pollution by oil tankers. See...
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