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Department of Ecology News Release - June 12, 2000
00-105
OLYMPIA - The state Department of Ecology (Ecology) today suspended its enforcement of oil-spill prevention rules for oil tankers and barges as part of an effort to settle a lawsuit, in which several of the rules have been overturned by the U.S. Supreme Court.
Last March, the Supreme Court found four of Ecology's rules unconstitutional because they covered a field of regulation that is solely under the authority of the federal government. The court remanded several other rules in the case back to the federal appeals court to determine if they also are a legitimate exercise of state authority.
Ecology's spills manager, Joe Stohr, said the state will repeal all rules challenged by the Norway-based Independent Tanker Owners Association (Intertanko), which initiated the lawsuit. "We believe that further litigation on this matter is not in the best interest of our state and won't help us provide the best achievable protection of our marine environment," said Stohr.
The Ecology Department has launched an expedited repeal of chapter 317-21 of the Washington Administrative Code. A notice will be published in the Washington State Register on June 21. If no one objects, Ecology will repeal the rules by the end of August.
With the suspension of Ecology's program, the U.S. Coast Guard becomes significantly more important in protecting Washington's marine environments. But Stohr said Ecology remains willing and able to play a significant role.
In a June 5 letter to the U.S. Secretary of Transportation, Gov. Gary Locke and Attorney General Christine Gregoire proposed a joint federal-state vessel-inspection program. They called for delegating federal authority to the state; better information sharing between the Coast Guard and Ecology; updating federal and state regulations; and establishing a voluntary spill-prevention program for oil vessels.
"The primary responsibility for protecting our waters now lies with Congress and the Coast Guard," Locke and Gregoire wrote. "We are fully aware of the Coast Guard's recent budget cuts, personnel reductions, and concerns with readiness. We are also in a position to help."
Media contacts: Joe Stohr, 360-407-7450
Sheryl Hutchison, Communication Director, 36-407-7004
Web link to more information: http://www.ecy.wa.gov/laws-rules/activity/wac31721.html (Note: Link removed; Web page no longer active after rule adoption..)
Copyright © Washington State Department of Ecology. See http://www.ecy.wa.gov/copyright.html.
