Search Supreme Court Cases


U.S. Supreme Court

Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973)

Askew v. American Waterways Operators, Inc.

No. 71-1082

Argued November 14, 1972

Decided April 18, 1973

411 U.S. 325


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 preempted 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 preempted by the Admiralty Extension Act, which does not purport to supply an exclusive remedy in this admiralty-related situation. Southern Pacific Co. v. Jewsen, 244 U. S. 205, and Knickerbocker Ice Co. v. Stewart, 253 U. S. 149, distinguished. Pp. 411 U. S. 329-344.

335 F.Supp. 1241, reversed.

DOUGLAS, J., delivered the opinion for a unanimous Court.

Page 411 U. S. 327

Powered by Justia US Supreme Court Center: ASKEW V. AMERICAN WATERWAYS OPERATORS, INC., 411 U. S. 325 (1973)

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.