Askew v. American Waterways Operators, Inc.
Supreme Court of the United States
Askew, Governor of Florida, et al. v. American Waterways Operators, Inc., et al.
Appeal from the United States District Court for the Middle District of Florida
No. 71-1082. Argued: November 14, 1972 --- Decided: April 18, 1973
Florida Oil Spill Prevention and Pollution Control Act, providing for the State's recovery of cleanup costs and imposing strict, no-fault liability on waterfront oil-handling facilities and ships destined for or leaving such facilities for any oil-spill damage to the State or private persons, does not, in the context of this action by shipping interests to enjoin application of the Florida statute, invade a regulatory area pre-empted by the federal Water Quality Improvement Act, which is concerned solely with recovery of actual cleanup costs incurred by the Federal Government, and presupposes a coordinated federal-state effort to deal with coastal oil pollution. Nor is the State's police power over sea-to-shore pollution pre-empted by the Admiralty Extension Act, which does not purport to supply an extensive remedy in this admiralty-related situation. Southern Pacific Co. v. Jensen, 244 U.S. 205, and Knickerbocker Ice Co. v. Stewart, 253 U.S. 149, distinguished. Pp. 329-344.
335 F.Supp. 1241, reversed.
DOUGLAS, J., delivered the opinion for a unanimous Court.
Robert L. Shevin, Attorney General of Florida, and Daniel S. Dearing argued the cause and filed briefs for appellants.
LeRoy Collins and Nicholas J. Healy argued the cause for appellees. With Mr. Collins on the brief for appellees American Waterways Operators. Inc., et al. were Joseph C. Jacobs, John B. Chandler, Jr., and Stewart D. Allen. With Mr. Healy on the brief for appellees American Institute of Merchant Shipping et al. were Gordon W. Paulsen, Dewey R. Villareal, Jr., and Emil A. Kratovil, Jr. James F. Moseley filed a brief for appellees Suwannee Steamship Co. et al.[1]
- ↑ Briefs of amici curiae urging reversal were filed by Evelle J. Younger, Attorney General, Jay L. Shavelson, Assistant Attorney General, and Carl Boronkay and Jeffrey C. Freedman, Deputy Attorneys General, for the State of California; by Arthur K. Bolton, Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, and Alfred L. Evans, Jr., James B. Talley, and Courtney Wilder Stanton, Assistant Attorneys General, for the State of Georgia; by George Pai, Attorney General, and Nobuki Kamida and Alan M. Goda, Deputy Attorneys General, for the State of Hawaii; by Francis B. Burch, Attorney General, Henry R. Lord, Deputy Attorney General, and Warren K. Rich, Assistant Attorney General, for the State of Maryland; by Robert H. Quinn, Attorney General, and Walter H. Mayo III and Roger Tippy, Assistant Attorneys General, for the Commonwealth of Massachusetts; by Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Hugh B. Anderson and Charles S. Alpert, Assistant Attorneys General, for the State of Michigan; by Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Philip Weinberg and James P. Corcoran, Assistant Attorneys General, for the State of New York, joined by Robert K. Killian, Attorney General of Connecticut, and W. Laird Stabler, Jr., Attorney General of Delaware; by Robert Morgan, Attorney General, and Christine Y. Denson, Assistant Attorney General, for the State of North Carolina; by Crawford C. Martin, Attorney General, Nola White, First Assistant Attorney General, Alfred Walker, Executive Assistant Attorney General, and Houghton Brownlee, Jr., and John Milton Richardson, Assistant Attorneys General, for the State of Texas; by Andrew P. Miller, Attorney General, and C. Tabor Cronk, Assistant Attorney General, for the Commonwealth of Virginia; and by Slade Gorton, Attorney General, Charles B. Roe, Jr., Senior Assistant Attorney General, and Charles W. Lean, Assistant Attorney General, for the State of Washington.
Briefs of amici curiae urging affirmance were filed by Robert G. McCreary, James J. Higgins, Warren A. Jackman, Sam L. Levinson, David R. Owen, John C. Shepherd, and Benjamin W. Yancey for the American Bar Association, and by John M. McHose for the Maritime Law Association of the United States.
Solicitor General Griswold and Assistant Attorneys General Frizzell and Wood filed a brief for the United States as amicus curiae.