Who can forget the poignant pictures of birds, beaches, and sea life covered with oil in Prince William Sound following the Exxon Valdez oil spill? (Photo of rescued cormorant at right.) The tanker hit a reef on 24 March 1989 and discharged 11 million gallons of oil, causing one of the worst ecological disasters in history.
Captain Joseph Hazelwood had left his third mate at the wheel and was in his stateroom when the ship ran aground.
In 1994, an Anchorage jury assessed the former Exxon Corporation (now Exxon Mobil) $5 billion in punitive damages. That award was reduced to $2.5 billion last year by the 9th US Circuit Court of Appeals. The company appealed that decision to the Supreme Court, which this week agreed to hear the appeal.
The company has long argued that it invested significant amounts of time, money and effort to address what happened to the environment, wildlife and Alaska residents after the oil spill. Exxon doesn't believe that any further punishment is warranted, said spokesman Tony Cudmore.
For Exxon, "this case has never been about compensating people for actual damages," Cudmore said. "The company voluntarily compensated most plaintiffs within a year of the spill, and has spent over $3.5 billion, including compensatory payments, cleanup payments, settlements and fines."
Over 30,000 commercial fishermen and other Alaska residents are plaintiffs in the case. They are bitterly disappointed that final resolution will once again be delayed, along with their long-hoped-for payouts.
The outcome may turn on an 1818 precedent involving a vessel called Amiable Nancy.
The court will be addressing one of the most basic issues of maritime law: whether a ship owner can be punished for the actions of its agents at sea.
Current case law, dating back to an 1818 case, says that ship owners can't be punished for the actions of their crew unless they "directed," "countenanced" or "participated" in them.
Exxon officials say they will argue that ship-owners are not liable for the actions of a captain who contravened company policies and practices.
More on the Amiable Nancy case here.
I remember the Exxon Valdez disaster well, for it occurred a relatively short distance from Whitehorse less than six months after we moved here. It received blanket coverage in the media for weeks on end. Everyone here was sickened by the damage.









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Twenty-five years ago today, on 30 October 1982, the beautiful young woman and the goofy-looking nerd in this photo