Six States, Others Join Coalition in Fight to Protect State Waters from Oil Spills

January 30, 2007

CONTACT:

Korrin N. Petersen, Esq., Advocacy Director

The Coalition for Buzzards Bay

(508) 999-6363, ext. 206

petersen@savebuzzardsbay.org

NEW BEDFORD, MA—Six U.S. states and the Commonwealth of Puerto Rico have joined The Coalition for Buzzards Bay in its campaign to reestablish important safeguards for oil transport in Massachusetts.

Late last month, the state of Washington filed an amicus brief on behalf of Alaska, Oregon, California, Rhode Island, Maine, and the Commonwealth of Puerto Rico in support of the Coalition’s federal appeal of the July 2006 U.S. District Court decision that struck down large portions of The Massachusetts Oil Spill Prevention Act.

The ruling removed essential provisions safeguarding the shipment of oil through Buzzards Bay and deemed major provisions of the Act unconstitutional because they covered areas of maritime law regulated by the Coast Guard.

This multi-state brief was in response to the Coalition’s and Massachusetts Attorney General’s briefs, filed earlier in the month, which asked the U.S. First Circuit Court of Appeals to reverse the decision and argued that the U.S. District Court erroneously found that federal law preempted certain provisions of the Massachusetts legislation, namely tugboat escorts, a financial insurance provision, a requirement that barge companies post proof of insurance to cover an oil spill, as well as a provision for minimum staffing for barges.

The Federal District Court’s decision effects not only Massachusetts law, but calls into question the ability of all coastal states to address the local risks and impacts of oil transportation and spills. “Having the other States join as amicus highlights the national implications this decision will have,” says Coalition Advocacy Director Korrin N. Petersen, Esq. “These states have an interest in clarifying and insuring that states have the right to protect their waters.”

In addition to Washington and the other states, amicus briefs were also filed by The Conservation Law Foundation and several Buzzards Bay municipalities, including Bourne, Fairhaven, Falmouth, Gosnold, Marion, Westport, and the City of New Bedford.

The Massachusetts Oil Spill Prevention Act, signed into law in August 2004, was crafted in response to the April 2003 oil spill that dumped an estimated 98,000 gallons of fuel oil spill into Buzzards Bay.

In January 2005, the federal government sued the Commonwealth of Massachusetts for enacting the law, claiming that federal law preempted some provisions of the legislation. Three months later, the Coalition intervened as a co-defendant with the Commonwealth countersuing the federal government.

In July 2006, a decision by the U.S. District Court gutted the Act, eliminating large portions of the Act and rendering Massachusetts waters vulnerable to future oil spills. Less than two months later, the Coalition and the Massachusetts Attorney General’s Office appealed the decision which is currently pending with the U.S. First Circuit Court of Appeals.

The Coalition is represented in the case pro-bono by the Boston-based law firm of Foley Hoag LLP.

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The Coalition for Buzzards Bay is a private, non-profit membership organization dedicated to the protection, restoration, and sustainable use of Buzzards Bay and its watershed. The organization works to improve the health of the Bay ecosystem for all through education, conservation, research and advocacy and is supported by more than 4,700 members.