Environmental Law & Policy Center files an amicus curiae brief

ELPC files brief with U.S. Supreme Court in Exxon Valdez case

The Environmental Law & Policy Center is filing an amicus curiae brief on behalf of Trustees for Alaska and 15 other Alaska and national environmental groups in a U.S. Supreme Court case involving $2.5 billion of punitive damages assessed against Exxon for its role in the 1989 Exxon Valdez oil spill disaster. The groups’ brief urges the Court to uphold the federal Clean Water Act's goals of restoring and maintaining the nation's waterways and prevent Exxon from using the Act as a “shield” to avoid full liability for its role in the spill.

"ELPC is pleased to be representing our national and Alaska environmental and conservation group colleagues on this important case to preserve the robust web of federal and state statutory and common law rights and remedies to advance cleaner water and deter reckless conduct leading to environmental disasters such as the tragic Exxon Valdez oil spill," said Howard Learner, Executive Director of ELPC.

In the case, Exxon is arguing that the federal Clean Water Act limits the type and amount of damages that can be awarded by juries for oil spills under traditional principles of maritime law. ELPC’s brief argues that the Clean Water Act was intended to enhance protections to achieve cleaner water, not shield corporations from their responsibility to pay damages for their roles in environmental disasters. Overall, ELPC and its partners seek to protect the public’s interests in the integrity and effectiveness of the nation’s integrated system of environmental statutes and common law remedies to preserve our natural resources and achieve cleaner waters.

The environmental groups on the brief include: Trustees for Alaska, Alaska Center for the Environment, Alaska Community Action on Toxics, Alaska Marine Conservation Council, Cook InletKeeper, Defenders of Wildlife, Environmental Law & Policy Center, Eyak Preservation Council, Humane Society of the United States, Izaak Walton League of America, National Wildlife Federation, Natural Resources Defense Council, Northern Alaska Environmental Center, Prince William Soundkeeper, WaterKeeper Alliance and The Wilderness Society.

The case is Exxon v. Baker (No. 07-219)