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SEARIVER MARITIME FINANCIAL HOLDINGS v. MINETA

No. 01-35762.

309 F.3d 662 (2002)

SEARIVER MARITIME FINANCIAL HOLDINGS INC.; SeaRiver Maritime, Inc.; Seariver Maritime International Inc., Plaintiffs-Appellants, v. Norman Y. MINETA, Secretary, United States Department of Transportation; John Ashcroft, Attorney General, United States Department of Justice; Native Village of Port Graham; Valdez Native Tribe, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2002.

Attorney(s) appearing for the Case

E. Edward Bruce, Covington & Burling, Washington, DC, for the plaintiffs-appellants.

Mark B. Stern, Department of Justice, Civil Division, Washington, DC, for the defendants-appellees.

Before D.W. NELSON, THOMPSON and PAEZ, Circuit Judges.

OPINION

PAEZ, Circuit Judge.

At midnight on March 23, 1989, the T/V Exxon Valdez ran aground onto Bligh Reef in Alaska, spilling nearly eleven million gallons of oil into Prince William Sound (the "Sound"). The following year, Congress passed the Oil Pollution Act of 1990, increasing the penalties for oil pollution and instituting a regulatory regime aimed at improving oil tanker safety, preventing future oil spills, and enhancing oil spill response.

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