A Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
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A Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
Roger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and Cont A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventtrol ActRobert E. FalveyRửger Willlami University ScliCN.il ự/LawFollow this and additional works at: http://docsj5sai.edu/rwu_LRRecommended CitationFalvey, Robert E. (199?) "A Shot Across the Bow: Rhode Island's Oil Spill Pollution Prevention and Control Act.’ Roger UjWwms Unherírty Law Reww: Vol. A Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent2: Iss. 2. Article 6.Available at: http://docsrwiLedu/rwu_LRyvot2/lss2/61 his Notes and Comments Is brought to you for free and open access by the JouA Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
rnals at DOCSộỉ> RWU It has been accepted for inclusion U1 Roger Williams Vnfocmty Law Review by an autborired administrator of DOCS^RWV. for mote infRoger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and Cont A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventlaw in this area is far from easy; one might tack a sailboat into a fog bank with more confidence.The Honorable Michael Boudin1Rhode Island, the Ocean State, has always been proud of its coastline and its relationship with the sea. Ever since Roger Williams established his “Providence Plantations” a A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventt the uppermost portion of Narragansett Bay in 1636,2 Rhode Islanders have made their living in, on and around Narragansett Bay and Block Island SoundA Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
.The Port of Providence has been a central hub in the flow of goods from points around the world to the surrounding New England area. All manner of naRoger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and Cont A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventound for Providence and points beyond. This extensive vessel traffic has not been without incident. Mishaps have been occurring ever since ships have been using these waterways.3The now infamous grounding of the tug Scandia and its tow, the barge North Cape, resulted in the worst environmental disas A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventter in Rhode Island’s history.4 On Thursday, January 19, 1996, the Eklof Marine Tug Scandia left Bayonne, New Jersey, towing the Barge North Cape, loaA Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
ded with four million gallons of No. 21.Ballard Shipping Co. V. Beach Shellfish, 32 F.3d 623, 624 (1st Cir. 1994).2.William G. McLoughlin, Rhode IslanRoger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and Cont A Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent194.4.See Tom Mooney, OU in the Water, One Year Later, Spill Left Scars Time Can’t Wash Away, Prov. J. Bull., Jan. 19, 1997, at Al, available in 1997 WL 7312002.363364 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 2:363 fuel oil, bound for Providence.5 By the time the Scandia reached Rhode Island’s Blo A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventck Island Sound, the winds were blowing a gale, thirty-five knots and better, with a dense fog and eight foot seas.6 The tug caught fire, and the captA Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
ain lost control of the vessel as it foundered in heavy seas about five miles south of Point Judith.7 The tug and its barge grounded on Moonstone BeacRoger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and Cont A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventd several gashes in the barge’s hull.9 In the final tally, the barge leaked 828,000 gallons of oil onto the beach, into the surrounding coastal ponds and into Block Island Sound.10 The spill killed an estimated one million lobsters and four hundred birds,11 and forced the closing of many square mile A Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevents of Block Island Sound to both commercial and recreational fishing, “seriously crippling the state’s seafood industry.”12A bill was subsequently intrA Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
oduced in the General Assembly to amend the current law relating to water, navigation and pollution control, and was signed into law by Governor LincoRoger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and Cont A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventa comprehensive attempt to prevent future oil spills, to regulate the equipment, barge construction standards, and personnel used in the oil barge industry, and to establish a safety committee to monitor the effectiveness of existing regulations to protect the coastal environment of the state.15 Per A Shot Across the Bow- Rhode Islands Oil Spill Pollution Preventhaps the most significant provision of the OSPPCA requires barge owners to use double-5.Gerald M. Carbone, Oil in the Water: The Grounding, Mayday! WeA Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent
are Abandoning!, Prov. J. Bull., Jan. 28, 1996, at B2, available in 1996 WL 6997544.6.Id.7.Id.8.Id.9.Id.10.Peter B. Lord, Oil in the Water, One Year Roger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and Cont A Shot Across the Bow- Rhode Islands Oil Spill Pollution Prevent Drawing a Line in the Sand, Rd. Toughens Oil-Barge Rules, Prov. J. Bull., Aug. 10, 1996, at Al, available in 1996 WL 11084591.13.Id.Roger Williams University Law ReviewVolume 2 I Issue 2Article 6Spring 1997AShot Across the Bow: Rhode Island's Oil spill Pollution Prevention and ContGọi ngay
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