S-1069               _______________________________________________

                                          SENATE JOINT MEMORIAL NO. 8006

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Metcalf, Kreidler and DeJarnatt

Read first time 1/24/89 and referred to Committee on Environment & Natural Resources.

TO THE HONORABLE GEORGE BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED:

          We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

          WHEREAS, The state of Washington possesses a wealth of coastal and inland waters which provide economic and environmental benefits to the state and to the nation; and

          WHEREAS, Maintaining a high level of water quality and preserving and protecting the natural resources of these waters and adjacent shorelines is one of the highest environmental priorities of this state; and

          WHEREAS, Spills of oil and other hazardous substances to these waters from marine vessels pose significant threat to water quality and its associated natural resources; and

          WHEREAS, Providing for prompt and effective response to such spills has long been a cooperative responsibility of the vessel owner or operator, as well as federal, state, and local response agencies; and

          WHEREAS, To preserve this cooperative relationship, the state and its instrumentalities must have effective remedies to recover the significant costs often incurred by the state in responding to such spills, and to recover for damages to the natural resources for which the state is the public trustee; and

          WHEREAS, There is considerable uncertainty and judicial inconsistency regarding whether existing federal laws prevent the states from recovering the full measure of such costs and damages from the vessel owner or operator under state laws; and

          WHEREAS, This legal uncertainty has undermined the general good faith with which most vessel owners and operators have approached their responsibility to compensate for damages and costs incurred by federal and state response agencies; and

          WHEREAS, This legal uncertainty may also undermine the effectiveness of the federal and state cooperative strategy in responding to such spills; and

          WHEREAS, This legal uncertainty persists despite the Congressional declaration in the federal water pollution control act that state laws and remedies regarding cleanup of oil spills are to be preserved;

          NOW, THEREFORE, Your Memorialists respectfully pray that Congress act to clarify federal law to ensure that no federal law or doctrine will prevent states from exercising their state laws and remedies to recover the full measure of costs and damages incurred as a result of spills of oil and other hazardous substances to waters within their jurisdiction.

          BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George Bush, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.