Exploring the values at stake when environmental regulation meets admiralty: the framework that has enabled courts and legislatures to work together to prevent and control pollution should be nurtured and retained.

Defense Counsel Journal | January 1, 2002| | Copyright

WHEN the Alaska Supreme Court decided Kodiak Island Borough v. Exxon Corp. (1) in 1999, it weighed state and federal statutory law against the common law of admiralty to decide that Alaska municipalities could sustain a claim against Exxon for the cost of services diverted from their citizens in order to participate in the environmental cleanup effort necessitated by the Exxon Valdez oil spill. If one takes Kodiak Island as a starting point in exploring the social values at stake in legal battles over oil spills, the conclusion must be that the law historically has defined ...

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