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A forum for current and emerging environmental and conservation issues in Minnesota.

Almost twenty years later, Supreme Court to hear Exxon Valdez spill appeal

by Fresh Energy

by Erin Stojan, program coordinator, Fresh Energy

You could be forgiven for thinking that the legal proceedings related to the highly-publicized 1989 Exxon Valdez oil spill were concluded. After all, it’s 2008, one scant year shy of two decades since an Exxon tanker ran aground and spilled millions of gallons of oil in Prince William Sound.

Alas, you would be wrong.

The Supreme Court agreed to hear Exxon’s appeal of a circuit court decision awarding $2.5 billion in punitive damages to fishers and others affected by the spill, with a ruling anticipated this spring. Exxon is expected to argue that the lower court ruling violates some 200 years of maritime law precedent. In the meantime, twenty plaintiffs have already died since the 1994 award was made, as appeal after appeal made its way through the court system.

Only eight of the nine Supreme Court justices will hear the case, though. Justice Samuel Alito recused himself; public records show Alito owns at least $100,000 of Exxon stock. Several amicus “friend of the court” briefs have already been filed in the case; the American Petroleum Institute and the U.S. Chamber of Commerce have filed briefs on Exxon’s behalf, while the State of Alaska and most likely Alaska’s Congressional delegation, all Republicans, are expected to file briefs in favor of the lower court decision.

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