[Congressional Record (Bound Edition), Volume 146 (2000), Part 5]
[House]
[Page 7073]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATES SHOULD BE ALLOWED TO PROTECT THEIR OWN WATERS

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Washington (Mr. Metcalf) is recognized for 5 minutes.
  Mr. METCALF. Mr. Speaker, on March 6, the United States Supreme Court 
invalidated Washington State's standards for oil tankers entering their 
waters. That is, it invalidated Washington State's effort to control 
the tankers in their waters and, in doing so, potentially invalidated 
laws in 11 other States.
  Even while admitting that Federal and international laws may be 
insufficient protection, the court refused to allow States to protect 
their own waters. That is hard to believe, but that is what the United 
States Supreme Court did.
  We all remember the Exxon Valdez disaster in Alaska in 1989. The huge 
oil tanker ran aground in Prince William Sound, Alaska, dumping 11 
million gallons of crude oil into the Pacific Ocean and damaging more 
than 1,000 miles of coastline in south-central Alaska.
  The massive spill resulted in billions of dollars in damage claims by 
over 40,000 people, including some 6,500 Washington State fishermen who 
have yet to be compensated for their loss.
  In response to the Valdez spill, my home State of Washington and many 
other coastline States issued tougher laws to prevent another 
catastrophe. Washington's laws created the Office of Marine Safety and 
added a number of requirements to Federal law. I was in the legislature 
when we did that.
  For example, the State regulation required tanker crews to be 
proficient in English in order to prevent miscommunication between 
American navigators and foreign crews. Does it not seem logical that 
the people who are running the tankers in American waters should be 
proficient in English?
  Among other rules adopted by Washington are prescriptions regarding 
training, location plotting, pre-arrival tests, and drug testing for 
tanker crews.
  Ultimately, the Supreme Court invalidated these common-sense 
regulations. And, again, I cannot imagine how the Supreme Court could 
come to that decision.
  Of course, Federal law must supersede State law in Coast Guard and 
national security matters, but States should have the right to enact 
safety standards within their own State waters.
  Last week I introduced H.R. 4385, which reinstates the rights of 
States to adopt additional standards regarding maintenance, operation, 
equipping, personnel qualifications, or manning of oil tankers. I hope 
that all of my colleagues who care about States' rights and 
environmental protection will join me to support this important 
legislation. We must allow our districts and our home States to protect 
themselves from another Valdez disaster.

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