Washington Passes
Oil Spill Measure
Gov. Christine Gregoire on May 6,
2005, signed bills that will establish an
Oil Spill Monitoring and Oversight Coun-
cil to provide independent oversight of the
state's oil-spill program and a new Wash-
ington Academy of Sciences to advise
state government on scientific questions.
"We are taking positive action today to
ensure that our waters are protected from
pollution," Gregoire said at a bill signing
ceremony held in Tukwila.
"The new advisory council represents a
partnership of industry, government and
local communities in our efforts to pre-
vent oil spills." The new 16-member oil-
spill council will:
• Provide early consultation with gov-
ernment decision makers regarding the
state's oil-spill prevention, preparedness
and response programs, and
Promote opportunities for the public
to become involved in oil-spill response
activities. The new academy of sciences
will include highly qualified persons in a
wide range of scientific disciplines who
are willing to contribute their time and
expertise for assessments of complex pub-
lic policy questions. The presidents of the
University of Washington and Washington
State University are charged with organiz-
ing the academy.
"This academy will provide the Legisla-
ture and me with an independent source
for scientific analysis and recommenda-
tions on some of our thorniest policy
issues," Gregoire said. "This will lead to
better decisions and enhanced public trust
that we are utilizing the best available sci-
ence in our work." The new academy is
expected to be formed by 2007.
Employer And
Limit Liability
The U.S. Court of Appeals for the
Eighth Circuit ruled that the employer of a
vessel's crew is not entitled to limit its lia-
bility for damages caused by negligence
of a crewmember. In the instant case, the
towboat was owned by one company and
was crewed by employees of another
company.
The crewing company was responsible
for routine maintenance, but the towboat
owner was responsible for other work,
including scheduling, insurance, repairs,
and relations with the Coast Guard. The
towboat and its tow allided with a bridge
on the Mississippi River during a period
of high water.
The barges broke loose and damaged
property owned by third parties, who filed
claims. The owner filed a complaint in
federal court seeking limitation of liabili-
ty. The crewing company joined in seek-
ing limitation. Following an extensive
analysis of the degree of control a non-
owner must exercise so as to be entitled to
the benefit of the Limitation of Liability
Act, the court determined that the crewing
company did not exercise sufficient
authority over the vessel to meet the statu-
tory requirement. In the Matter of Amer-
ican Milling Company, Ltd., No. 03-3441
(8th Cir. —HK Law)
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June, 2005 • MarineNews 51
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