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Okla-homey
3/24/2008, 06:08 AM
March 24, 1989: Exxon Valdez runs aground

http://aycu33.webshots.com/image/49432/2003147119938148851_rs.jpg (http://allyoucanupload.webshots.com/v/2003147119938148851)

Nineteen years ago toady, the worst oil spill in U.S. territory begins when the supertanker Exxon Valdez, owned and operated by the Exxon Corporation, runs aground on a reef in Prince William Sound in southern Alaska.

http://aycu05.webshots.com/image/46924/2003105853465230908_rs.jpg (http://allyoucanupload.webshots.com/v/2003105853465230908)

http://aycu19.webshots.com/image/47538/2003108569218950561_rs.jpg (http://allyoucanupload.webshots.com/v/2003108569218950561)

An estimated 11 million gallons of oil eventually spilled into the water. Attempts to contain the massive spill were unsuccessful, and wind and currents spread the oil more than 100 miles from its source, eventually polluting more than 700 miles of coastline. Hundreds of thousands of birds and animals were adversely affected by the mess.

http://aycu15.webshots.com/image/49614/2003177641015707711_rs.jpg (http://allyoucanupload.webshots.com/v/2003177641015707711)

It was later revealed that Joseph Hazelwood, the captain of the Valdez, was drinking at the time of the accident and allowed an uncertified officer to steer the massive vessel. In March 1990, Hazelwood was convicted of misdemeanor negligence, fined $50,000, and ordered to perform 1,000 hours of community service.

In July 1992, an Alaska court overturned Hazelwood's conviction, citing a federal statute that grants freedom from prosecution to those who report an oil spill.

Exxon (now ExxonMobil) itself was condemned by the National Transportation Safety Board and in early 1991 agreed under pressure from environmental groups to pay a penalty of $100 million and provide $1 billion over a 10-year period for the cost of the cleanup.

In 1994, in the case of Baker vs. Exxon, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages. The punitive damages amount was equal to a single year's profit by Exxon at that time.

Exxon appealed the ruling, and the 9th U.S. Circuit Court of Appeals ordered the original judge, Russel Holland, to reduce the punitive damages. On December 6, 2002, the judge announced that he had reduced the damages to $4 billion, which he concluded was justified by the facts of the case and was not grossly excessive.

Exxon appealed again and the case returned to court to be considered in light of a recent Supreme Court ruling in a similar case, which caused Judge Holland to increase the punitive damages to $4.5 billion, plus interest.

After more appeals, and oral arguments heard by the 9th Circuit Court of Appeals on 27 January 2006, the damages award was cut to $2.5 billion on 22 December 2006. The court cited recent Supreme Court rulings relative to limits on punitive damages.

Exxon appealed again. On 23 May 2007, the 9th Circuit Court of Appeals denied ExxonMobil's request for a third hearing and let stand its ruling that Exxon owes $2.5 billion in punitive damages. Exxon then appealed to the Supreme Court, which agreed to hear the case.

http://aycu07.webshots.com/image/48006/2003113561570751583_rs.jpg (http://allyoucanupload.webshots.com/v/2003113561570751583)
Sam Alito, owning a up to a quarter million bucks worth of ExxonMobil stock recused himself

Last month, on February 27, 2008, the Supreme Court heard oral arguments for 90 minutes. A decision is expected before the court's term ends in July. Justice Samuel Alito, who owns between $100,000 and $250,000 in Exxon stock, recused himself from the case.

http://aycu05.webshots.com/image/46924/2003131235607603863_rs.jpg (http://allyoucanupload.webshots.com/v/2003131235607603863)

Exxon's official position is that punitive damages greater than $25 million are not justified because the spill resulted from an accident, and because Exxon spent an estimated $2 billion cleaning up the spill and a further $1 billion to settle related civil and criminal charges.

http://aycu20.webshots.com/image/49779/2003143876105408973_rs.jpg (http://allyoucanupload.webshots.com/v/2003143876105408973)

Attorneys for the plaintiffs contended that Exxon bore responsibility for the accident because the company "put a drunk in charge of a tanker in Prince William Sound."

And what of the ship? Exxon Valdez was towed to San Diego, arriving on July 10, 1989. Repairs began on July 30. Approximately 1,600 tons of steel were removed and replaced. In June 1990 the tanker, renamed S/R Mediterranean, left harbor after $30 million of repairs. It is still sailing. The vessel is current owned by SeaRiver Maritime, a wholly owned subsidiary of ExxonMobil.

Captain Hazelwood never had his masters' license revoked and it remains valid to this date, but he has been unable to find long-term work as a captain after the spill. In a show of solidarity his alma mater, SUNY Maritime College, hired him as a teacher aboard T/S Empire State V the year after the incident with the Valdez. He works as a paralegal and maritime consultant with New York City's Chalos & Brown, the firm that represented him in his legal cases. He resides on Long Island in Huntington, New York.

http://aycu01.webshots.com/image/48000/2004966399468471281_rs.jpg (http://allyoucanupload.webshots.com/v/2004966399468471281)
Joseph Hazelwood (left) as the patron saint of the "Smokers" in the film Waterworld. Dennis Hopper (right) saying, "St. Joe we're close, after centuries of shame."

M
3/24/2008, 09:17 AM
Captain Hazelwood never had his masters' license revoked and it remains valid to this date, but he has been unable to find long-term work as a captain after the spill. In a show of solidarity his alma mater, SUNY Maritime College, hired him as a teacher aboard T/S Empire State V the year after the incident with the Valdez. He works as a paralegal and maritime consultant with New York City's Chalos & Brown, the firm that represented him in his legal cases. He resides on Long Island in Huntington, New York.

Ha, I have family in Huntington; however, their last name isn't Hazelwood. :rolleyes:

Frozen Sooner
3/24/2008, 11:07 AM
Homey-

The crux of Exxon's argument is that punitive damages cannot apply under maritime law for the actions of a captain at sea, who is acting independently of instruction from the home office. This theory comes from a ruling before accurate ship-to-shore communications existed and I believe mainly stems from captains turning pirate.

fadada1
3/24/2008, 11:25 AM
In 1994, in the case of Baker vs. Exxon, an Anchorage jury awarded $287 million for actual damages and $5 billion for punitive damages. The punitive damages amount was equal to a single year's profit by Exxon at that time.

Exxon appealed the ruling, and the 9th U.S. Circuit Court of Appeals ordered the original judge, Russel Holland, to reduce the punitive damages. On December 6, 2002, the judge announced that he had reduced the damages to $4 billion, which he concluded was justified by the facts of the case and was not grossly excessive.

Exxon appealed again and the case returned to court to be considered in light of a recent Supreme Court ruling in a similar case, which caused Judge Holland to increase the punitive damages to $4.5 billion, plus interest.


HAHA. a bit F-you to exxon (by Holland) for that one. that cracks me up. we need more judges like this.

Okla-homey
3/24/2008, 11:39 AM
Homey-

The crux of Exxon's argument is that punitive damages cannot apply under maritime law for the actions of a captain at sea, who is acting independently of instruction from the home office. This theory comes from a ruling before accurate ship-to-shore communications existed and I believe mainly stems from captains turning pirate.


That's fine. You can put what I know about Admiralty Law in a thimble. And that's okay too in Oklahoma. ;^)

Anyhoo, I bet Exxon gets a reprieve by SCOTUS.

SoonerInKCMO
3/24/2008, 12:02 PM
One of the good things to come of this is how the portrayal of the ship captain in Towing Jehovah (http://www.sff.net/people/Jim.Morrow/towing.html) was influenced by Hazelwood.

King Crimson
3/24/2008, 12:14 PM
On Friday, Rush Limbaugh did a funny impression of people and scientists who think climate change is real. so, i believe him. he also did a funny bit about people who complain about the Exxon Valdez.

Rush does a lot of funny impressions, so he must be right.

Mjcpr
3/24/2008, 12:29 PM
This theory comes from a ruling before accurate ship-to-shore communications existed and I believe mainly stems from captains turning pirate.

Hey, I don't judge them. I'd imagine it gets pretty lonely out there.

47straight
3/24/2008, 01:03 PM
I thought that existing SC cases said that punitive damages have to cap out at around 4X actual damages or so before Due Process gets violated.

Okla-homey
3/24/2008, 01:19 PM
I thought that existing SC cases said that punitive damages have to cap out at around 4X actual damages or so before Due Process gets violated.

nope, they have eschewed a bright-line rule. Punies just need to be "reasonable under the circumstances" keeping in mind they serve to deter and punish shenanigans.

Frankly, there is some thought that punitive damages are unconstitutiuonal because they are the equivalent of the "excessive fines" barred by the Constitution.

12
3/24/2008, 01:43 PM
I remember seeing all of the clean-up effort going on and thinking, "HTF will they EVER clean that up?"

I wonder how much of it was simply absorbed by Mother Earth.

Okla-homey
3/24/2008, 03:49 PM
I remember seeing all of the clean-up effort going on and thinking, "HTF will they EVER clean that up?"

I wonder how much of it was simply absorbed by Mother Earth.

I seem to recall they eventually found some bio. organism that found the sludge tasty and "ate" the stuff.

BigRedJed
3/24/2008, 03:51 PM
http://www.mattwalters.com/web/texastech/images/rivalry/aggies/ListEater2.jpg

Jimminy Crimson
3/24/2008, 04:31 PM
http://www.mattwalters.com/web/texastech/images/rivalry/aggies/ListEater2.jpg

BRJ, FTW!!!

Mixer!
3/24/2008, 05:30 PM
http://img168.imageshack.us/img168/5783/tazzrk4.jpg

:confused:

12
3/24/2008, 05:48 PM
I seem to recall they eventually found some bio. organism that found the sludge tasty and "ate" the stuff.

Ah. I forgot about that. Cool.

There were some links and stuff I was going to post, but hey, I only get this Monday night once.

Earth is neat. Let's eat!

TheHumanAlphabet
3/25/2008, 10:48 AM
I was working at the Coast Guard Research and Development Center at the time. I wished I had kept the letters we were forwarded from the little old ladies and the prisoners that had all the ideas on how to clean up the spill. We had to respond to everyone.

I remember one of many in the form of collecting up cut human hair, placing it in some sort of fabric container and throwing it on the water. We had several prisoners who volunteered to do that personally, but meant they would have to be out of incarceration. Yeah, right :)

soonerboomer93
3/25/2008, 11:10 AM
and the Valdez is still running around. It's been renamed, last I heard operating out of South East Asia (friend saw it being worked on in Singapore)

TheHumanAlphabet
3/25/2008, 12:24 PM
and the Valdez is still running around. It's been renamed, last I heard operating out of South East Asia (friend saw it being worked on in Singapore)

I believe it has been renamed the Mediterranean, but not sure.

TheHumanAlphabet
3/25/2008, 12:25 PM
Okla-homey as timely as ever!

Where did the McCain photo come from. Funny thing, this doesn't seem so out of the ordinary for him.

TheHumanAlphabet
3/25/2008, 12:27 PM
okay, weirdness. My last was supposed to be posted after -Homey's, but after refreshing it is showing up before. Did I know how 'Homey was going to respond before he did???

Okla-homey
3/25/2008, 01:12 PM
and the Valdez is still running around. It's been renamed, last I heard operating out of South East Asia (friend saw it being worked on in Singapore)

from the top of the thread:


In June 1990 the tanker, renamed S/R Mediterranean, left harbor after $30 million of repairs. It is still sailing. The vessel is current owned by SeaRiver Maritime, a wholly owned subsidiary of ExxonMobil.

;)