Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973)

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE

MIDDLE DISTRICT OF FLORIDA

Syllabus

Florida Oil Spill Prevention and Pollution Control Act, providing for the State’s recovery of cleanup costs and imposing strict, no-fault liability on waterfront oil-handling facilities and ships destined for or leaving such facilities for any oil-spill damage to the State or private persons, does not, in the context of this action by shipping interests to enjoin application of the Florida statute, invade a regulatory area preempted by the federal Water Quality Improvement Act, which is concerned solely with recovery of actual cleanup costs incurred by the Federal Government, and presupposes a coordinated federal-state effort to deal with coastal oil pollution. Nor is the State’s police power over sea-to-shore pollution preempted by the Admiralty Extension Act, which does not purport to supply an exclusive remedy in this admiralty-related situation. Southern Pacific Co. v. Jewsen, 244 U.S. 205, and Knickerbocker Ice Co. v. Stewart, 253 U.S. 149, distinguished. Pp. 329-344.

335 F.Supp. 1241, reversed.

DOUGLAS, J., delivered the opinion for a unanimous Court.