Pre-emption and the commerce clause revisited: the 1975 Washington Tanker Law
The Washington State Tanker Law, a series of statutes passed in 1975 to limit the size, design, and operation of oil tankers in Puget Sound, is reviewed in the context of preemption issues and The Commerce Clause. Preemption is defined and its intent placed in an historical context. Pilotage regulations, designed to give states authority to protect their shorelines and ensure safe navigation, are seen to be in conflict with Federal law. The Ports and Waterways Safety Act (PWSA) is argued to have both exclusive and overlapping regulatory authority. The Commerce Clause is examined for constitutionality and a conflict of state and Federal interests in the area of interstate commerce. The Supreme Court will rule on whether PWSA sets tanker standards or if state environmental policies will determine how to control potential harm to the environment.
- OSTI ID:
- 5145855
- Journal Information:
- Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 17:4; ISSN NRJOA
- Country of Publication:
- United States
- Language:
- English
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Related Subjects
020900 -- Petroleum-- Environmental Aspects
021000 -- Petroleum-- Legislation & Regulations
29 ENERGY PLANNING, POLICY, AND ECONOMY
293000* -- Energy Planning & Policy-- Policy
Legislation
& Regulation
COASTAL WATERS
DESIGN
ECONOMICS
ENGINEERING
ENVIRONMENTAL IMPACTS
ENVIRONMENTAL POLICY
GOVERNMENT POLICIES
LAWS
LEGAL ASPECTS
NORTH AMERICA
OIL SPILLS
PACIFIC OCEAN
POLLUTION CONTROL
PUGET SOUND
REGULATIONS
SAFETY STANDARDS
SEAS
SHIPS
STANDARDS
STATE GOVERNMENT
SURFACE WATERS
TANKER SHIPS
USA
WASHINGTON