Ensuring Uniformity of Maritime Regulation

Background

The United States Constitution grants to the federal government the authority to regulate interstate commerce. The Supremacy Clause of the Constitution provides that federal laws and regulations shall take precedence over state laws and regulations attempting to govern the same areas of activity.

In 2000, in a case involving oil spill regulations promulgated by the State of Washington, the U.S. Supreme Court cited the Supremacy Clause in striking down the state regulations because they involved matters that are the subject of Coast Guard regulation.

Federal supremacy in the regulation of interstate maritime commerce not only satisfies a Constitutional requirement, it also contributes to the safe and efficient movement of cargoes on our nation's waterways. Coast Guard regulations establish a uniform set of requirements for vessel operators no matter where they operate. If individual states were allowed to establish differing and possibly conflicting requirements, then vessel operators, who often pass through the waters of many states during one voyage, would find themselves attempting to comply with confusing and conflicting requirements. The differing regulations could add unnecessary economic costs to our national commerce, while the confusion resulting from competing regulatory schemes could actually increase the chances of accidents or spills rather than increasing safety.

Congresional Action Needed

• Support Constitutionally sound and operationally safe regulation of domestic maritime commerce through federal legislation and regulation. Resist efforts by individual states to enact laws or regulations in areas where the Coast Guard regulates interstate maritime commerce.