USA

Massachusetts Oil Spill Act

As indicated in our prior report, CSA has joined other industry associations including the American Waterways Operators, BIMCO and INTERTANKO as interveners in support of the US position in US vs. Commonwealth of Massachusetts which addresses, generally, the constitutionality of the recently enacted Massachusetts Oil Spill Act and specific provisions relating to safety equipment, tug escorts, alcohol and drug testing, manning and watchstanding, vessel routing, compulsory pilotage and single hull phase which are either inconsistent or in conflict with provisions of federal law which pre-empts such state imposed requirements and violates the supremacy clause of the US Constitution. The Motion for Leave to Intervene and the Intervenors' Compliant for Declaratory and Injunctive Relief have been filed with the US District Court for the District of Massachusetts. Also during March, the State of Massachusetts filed its answer to the US complaint and to no one's surprise, it is clear that the State will be pursuing a vigorous defence of the US's allegations of unconstitutionality on all grounds.