Court Disallows State of Massachusetts from Mandating Tank Vessel Escorts

U.S. District Court issues ruling in favour of industry coalition and U.S. Govt re Massachusetts

On March 31, the U.S. District Court in the District of Massachusetts issued its ruling to allow the motions filed by the U.S. Government and the Industry Coalition (consisting of INTERTANKO, the American Waterways Operators (AWO), the Chamber of Shipping of America (CSA) and BIMCO) permanently enjoining the State of Massachusetts from enforcing its manning and tug escort requirements on tank vessels operating in Buzzards Bay.

This ruling is significant in that it upholds U.S. Coast Guard authority over vessel operations in U.S. waters and, more importantly, it reinforces the unanimous U.S. Supreme Court decision in 2000 which INTERTANKO won over the State of Washington upholding the Supremacy Clause of the U.S. Constitution that federal law preempts state law in areas reserved for the federal government.

In September 2008, a District Court Judge of the State of Massachusetts granted the United States government's motion for preliminary injunction (which was supported by the industry coalition including INTERTANKO) thereby preventing the Commonwealth of Massachusetts from enforcing its vessel manning and tug escort requirements on tank vessels operating in Buzzards Bay.

On 29 July 2009, the U.S. District Court Magistrate Judge issued his recommendation to the District Court to grant the U.S. Government's motion for a permanent injunction enjoining the State of Massachusetts from enforcing the tug escort and vessel manning provisions of the State's oil spill prevention regulations.

The State of Massachusetts had objected to this recommendation. This week's District Court ruling provides a permanent injunction preventing the State of Massachusetts from enforcing these regulations.