United States v. Locke

In the aftermath of the Exxon Valdez oil spill, the State of Washington created the Office of Marine Safety, which was directed to establish standards to provide the "best achievable protection" (BAP) from oil spill damage. The agency promulgated tanker design, equipment, reporting, and operating requirements. The International Association of Independent Tanker Owners (Intertanko), a trade association of tanker operators, filed suit against the state and local officials responsible for enforcing the BAP regulations. Intertanko argued that Washington's BAP standards had entered an area occupied by the federal government and imposed unique requirements in an area where national uniformity was mandated. Further, Intertanko argued that if every political subdivision were to promulgate such maritime regulations, the goal of national governments to develop effective international environmental and safety would be undermined. The District Court upheld Washington's regulations. Thereafter, the Federal Government intervened on Intertanko's behalf, contending that the District Court's ruling failed to give sufficient weight to the substantial foreign affairs interests of the Federal Government. The Court of Appeals affirmed.