ELR Citation: ELR 20129
No(s). 90-35589 (9th Cir. Sep 13, 1991)

The court holds that the Trans-Alaska Pipeline Authorization Act (TAPAA) implicitly repealed the Limitation Act. The court holds that TAPAA irreconcilably conflicts with the Limitation Act because the Limitation Act is contrary to TAPAA's comprehensive remedial nature. Congress intended TAPAA to become the controlling statute for transport of trans-Alaska oil. TAPAA's strict liability scheme and negligence principles were intended TAPAA to operate without limitation. The court also holds that the intent of the Limitation Act to limit liability for catastrophic damage conflicts with the intent of TAPPA to place liability on the party in the superior position to prevent damage. The court holds that TAPAA's repeal of the Limitation Act is supported by the clear and manifest intent of Congress.

[A prior district court decision on the liability phase is published at 21 ELR 20630].

Counsel for Appellants
Michael H. Woodell, Jean E. Kizer
Bradbury, Bliss & Riordan
431 W. 7th Ave., Ste. 201, Anchorage AK 99501
(907) 278-4511

Counsel for Appellees
Philip A. Berns, Ass't U.S. Attorney
450 Golden Gate Ave., San Francisco CA 94102
(415) 556-1126

A. Stephen Hut Jr.
Wilmer, Cutler & Pickering
2445 M St. NW, Washington DC 20037
(202) 663-6000