ELR Citation: ELR 20362
No(s). 71-1082 (U.S. Apr 18, 1973)

The Supreme Court upholds a Florida statute that imposes strict liability for any damage incurred by the state or private persons from oil spills in the state's territorial waters. The statute covers spills resulting from any waterfront facility used for drilling oil or handling the transfer or storage of oil, and from any ship destined for or leaving such facility. In the context of this case brought by private shipping interests to enjoin the Florida statute, the Court holds that state regulation is not preempted by the federal Water Quality Improvement Act. The federal Act is concerned solely with recovery of actual cleanup costs incurred by the federal government, and the Act contemplates a coordinated state-federal effort to regulate coastal oil pollution. Finally, the state's regulatory power is not preempted by the federal Admiralty Extension Act, which does not purport to provide an exclusive remedy for these ills. The decision of the three-judge district court, 335 F. Supp. 1241, 2 ELR 20072 (M.D. Fla. 1971) is reversed.

Counsel for Appellants
Robert L. Shevin Attorney General
Daniel S. Dearing Chief Trial Counsel
State Capitol
Tallahassee, Florida 32303

Counsel for Appellees
Nicholas J. Healy
Healy & Baillie
29 Braodway
New York, New York 10006

LeRoy Collins
Ervin, Varn, Jacobs & Odom
P.O. Box 1170
Tallahassee, Florida 32303

Haight, Gardner, Poor & Havens
80 Broad Street
New York, New York 10004

Fowler, White, Gillen, Humky, Kinney & Boggs
Suite 1100, First Federal Building
220 Madison
Tampa, Florida 33601

Toole, Taylor, Moseley, Gabel & Milton
Suite 1014, Barnett Bank Building
112 West Adams Street
Jacksonville, Florida 32202

Counsel for Amicus Curiae United States
Erwin N. Griswold Solicitor General
Kent Frizzell Assistant Attorney General
Department of Justice
Washington, D.C. 20530