In re Bluewater Network & Ocean Advocates
United States Court of Appeals for the District of Columbia Circuit
234 F.3d 1305 (2000)
- Written by Jack Newell, JD
Facts
The Exxon Valdez spilled 11 million gallons of oil into the ocean. In response, Congress passed the Oil Pollution Act of 1990 (OPA). The law directed the United States Coast Guard (USCG) (defendant) to pass regulations requiring standards for tank-level and pressure-monitoring (TLPM) devices on oil tankers. The USCG was required to promulgate regulations within one year. The USCG released proposed rules and sought comments. The USCG then commissioned a study of the effectiveness of various TLPM devices. The USCG concluded that it would make regulations governing TLPM devices once more-advanced versions of the devices were developed. The USCG did not claim that the proposed future regulations were the only actions that could be taken to fulfill the statute’s mandate. Bluewater Network and Ocean Advocates (Bluewater) petitioned for a writ of mandamus to compel the USCG to promulgate rules to comply with the statute, based on the statutory requirement that rules be promulgated. The case was appealed to the District of Columbia Circuit.
Rule of Law
Issue
Holding and Reasoning (Edwards, C.J.)
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