A judge dissents from the Ninth Circuit's decision not to rehear a case addressing the Oil Pollution Act's (OPA's) preemptive effect on Washington State's oil spill prevention…

The court holds that 15 of Washington State's 16 best achievable protection (BAP) oil spill prevention regulations are not preempted by federal law. The court first holds that the BAP…

The court holds that Washington oil spill prevention laws are not preempted by federal statute, do not violate the Commerce Clause or Foreign Affairs Clause of the U.S. Constitution, and are not…