Top court debates Exxon Valdez damages
Environmental
Nearly 19 years after the Exxon Valdez oil spill fouled Alaska's Prince William Sound, the Supreme Court debated Wednesday how much money the company responsible for the disaster should pay in punitive damages.
A jury in Alaska said $5 billion. An appeals court said $2.5 billion. And Exxon's answer Wednesday was nothing at all, because the company said it already had paid plenty.
Justices explored just about every possible alternative through intense questioning during 1 ½ hours of arguments before a packed courtroom. By the end, it seemed several held the view that the company could be found liable for punitive damages, but perhaps not as much as even the appeals court had found.
There were several unusual aspects to Wednesday's arguments in a case that has bounced through the legal system for 14 years.
Justice Samuel Alito is recused because of his Exxon stockholdings, so even a 4-to-4 tie on the court would affirm the lower court's decisions that punitive damages are owed to nearly 33,000 fishermen, native Alaskans, businessmen and others consolidated into the single suit against Exxon.
And, as Justice David Souter noted, the court for a decade has struggled with determining whether punitive damages awarded by state courts were excessive. Now, he suggested, it is the Supreme Court's turn to "come up with a number."
Exxon has acknowledged that the captain of the Exxon Valdez, Joseph Hazelwood, was drunk at the time of the March 24, 1989, accident, and the corporation has paid about $3.4 billion in fines, compensation and cleanup costs.
Maritime law has shielded ship owners from being punished for damage caused by their vessels. This made sense during the era of sailing ships, Souter said. "In those days, when a ship put to sea, the ship was sort of a floating world by itself," he said.
Walter Dellinger, representing Exxon, cited this principle of maritime law and urged the court to throw out the entire punitive verdict. He cited the case of the Amiable Nancy in 1818 as having a historic precedent shielding ship owners.
But his argument quickly ran aground. "It's rather, I think, an exaggeration to call it a long line of settled decisions in maritime law," Justice Ruth Bader Ginsburg said.
As a fallback, Dellinger argued that the $2.5 billion verdict was too high. He cited several federal laws that, for example, fine those who pollute the environment. Typically, these legal fines may total millions of dollars but not billions, he said.
Related listings
-
High court to hear Exxon Valdez damages case
Environmental 02/26/2008For many in this coastal town, the 1989 Exxon Valdez disaster was an event so crushing that hard-bitten fishermen still get teary-eyed recalling ruined livelihoods, broken marriages and suicides.But mostly, people in Cordova talk about the discouragi...
-
Court Ruling May Delay Power Plant Mercury Clean-Up
Environmental 02/14/2008Clean-up of power plant mercury emissions may be slowed in the short run by a Feb. 8 federal appeals court ruling, but the market clearly believes the clean-up will be increased in the long run. Investors showed immediate enthusiasm for Pittsburgh-ba...
-
Court: EPA must rewrite utility mercury rule
Environmental 02/11/2008In a victory for environmentalists and a setback for big U.S. coal-burning utilities, a federal court ruled on Friday that the Environmental Protection Agency must fundamentally rework its mercury rules for utilities.The U.S. Court of Appeals for the...

Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.