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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2011

Selected Works

Environmental Law

John J. Costonis

Articles 1 - 1 of 1

Full-Text Articles in Law

The Bp Oil Spill: Marine Pollution, Admiralty Law And State Police Power Under The Oil Pollution Act Of 1990o, John J. Costonis Mar 2011

The Bp Oil Spill: Marine Pollution, Admiralty Law And State Police Power Under The Oil Pollution Act Of 1990o, John J. Costonis

John J. Costonis

ABSTRACT

Choice of law issues in marine pollution events engage federal admiralty/general maritime law, federal environmental legislation and the reserved powers of the states to protect their natural resources and economic welfare. Admiralty and general maritime law enjoyed center stage throughout the first two thirds of the last century. Federal marine pollution statutes were few and weak, and state initiatives were typically deemed preempted in all but the so-called “marine but local” cases. The equilibrium began to shift in favor of state police powers and federal environmental values in the mid-1960’s in consequence of the Supreme Court’s solicitude for the …