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Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973)
Askew v. American Waterways Operators, Inc. No. 71-1082 Argued November 14, 1972 Decided April 18, 1973 411 U.S. 325
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.
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Chicago: U.S. Supreme Court, "Syllabus," Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973) in 411 U.S. 325 411 U.S. 327. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=M5NHMSAGJF4L7VD.
MLA: U.S. Supreme Court. "Syllabus." Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973), in 411 U.S. 325, page 411 U.S. 327. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=M5NHMSAGJF4L7VD.
Harvard: U.S. Supreme Court, 'Syllabus' in Askew v. American Waterways Operators, Inc., 411 U.S. 325 (1973). cited in 1973, 411 U.S. 325, pp.411 U.S. 327. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=M5NHMSAGJF4L7VD.
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