Supreme Court To Hear Exxon Valdez Case

19 Years After Worst Oil Spill In U.S. History, Alaskans Will Find Out If Company Pays Damages

(AP)  For many in this coastal town, the 1989 Exxon Valdez disaster was an event so crushing that hard-bitten fishermen still get teary-eyed recalling ruined livelihoods, broken marriages and suicides.

But mostly, people in Cordova talk about the discouraging wait for legal retribution for the worst oil spill in U.S. history.

It's been almost 19 years since the tanker Exxon Valdez ran aground at Alaska's Bligh Reef, spurting 11 million gallons of crude into the rich fishing waters of Prince William Sound. In 1994, an Anchorage jury awarded victims $5 billion in punitive damages. That amount has since been cut in half by other courts on appeals by Exxon Mobil Corp.

Now the town of 2,200 looks anxiously to the U.S. Supreme Court, which will hear arguments Wednesday from Exxon on why the company should not have to pay punitive damages at all.

Scores of Cordova residents are among almost 33,000 plaintiffs - including commercial fishermen, Alaska Natives, landowners, businesses and local governments - who could see the $2.5 billion judgment taken away by the high court.

"With this legal system the way it has been protracted out, people can't put it behind them," said Cordova Mayor Tim Joyce. "The final recompense has never been made."

Steve Smith, a 69-year-old Cordova fisherman, worries that big business will prevail.

"I really wonder, what do you do if you don't get a just decision out of the Supreme Court," he said on his boat Prince William. "I mean, there's no other court to take it to. What do you got left, really? Anarchy?"

The spill soiled 1,200 miles of shoreline and killed hundreds of thousands of birds and other marine animals, inflicting environmental injuries that have not fully recovered, according to numerous scientific studies. Exxon contends it should not be liable for the actions of the Exxon Valdez skipper, Joseph Hazelwood, when the supertanker ran aground on March 24, 1989, with 53 millions gallons of oil in its hold.

Prosecutors said Hazelwood was drunk, but he denied it and was acquitted of the charge in criminal court.

Cordova itself, 45 miles from Bligh Reef, was not directly touched by the slick. But residents say the spill was a crippling blow for a town so dependent on commercial fishing, particularly for herring, whose numbers plummeted several years after the spill and have yet to return.

The mayor at the time of the spill later killed himself, leaving a long suicide note that mentioned Exxon.

Mike Webber, a 47-year-old Native Alaskan artist and fisherman from Cordova, said his marriage did not survive the strain; he and his wife divorced two years after the spill. With the fishing industry in shreds, he also began drinking heavily, finally checking himself into rehab in 1998.

He said that he has been sober ever since, but that others kept drinking and abusing drugs and sank into severe depression and, in some cases, suicide.

Webber carved a "shame pole" last year to commemorate the spill and will be in Washington this week with the 7-foot carved piece of cedar, which depicts former longtime Exxon chief executive Lee Raymond with dollar-sign eyes and a Pinocchio-like nose. An oil slick pours from Raymond's mouth along with the words uttered by a top Exxon official soon after the spill: "We will make you whole."

"Well, they didn't," Webber said, his voice breaking. "They just put a hole in us is what they did, right in our hearts and it hurts. And they took part of our soul."

According to plaintiffs, Exxon knew Hazelwood had begun drinking again after seeking treatment, but the company still put him at the helm of the nearly 1,000-foot ship.

At issue is whether Exxon should have to pay any damages under the federal Clean Water Act and centuries-old laws governing shipping.

Exxon maintains that punitive damages would be excessive punishment beside the $3.5 billion in cleanup costs, compensatory payments and fines it already has paid. As for the environmental effects of the spill, the claim about severe, continuing damage to the sound "is simply untrue," according to the Texas company, which earlier this month posted the largest annual profit by a U.S. company - $40.6 billion.

"The environment in Prince William Sound is healthy, robust and thriving," Exxon spokesman Tony Cudmore said in an e-mail to The Associated Press. "That's the conclusion of many scientists who have done extensive studies of the Prince William Sound ecosystem."

To the casual observer, the sound's stunning beauty has been restored, its many islands, fjords and glaciers a photographer's dream. But residents in Cordova and other communities say the region is still a long way from healing. It took years for salmon to rebound, and sea otters and Harlequin ducks are still below pre-spill numbers.

An estimated 85 tons of crude linger, according to a federal study released last year. Jars of oil-stained sand and rocks still being dug up in the spill area can be examined at the Prince William Sound Science Center at the south end of town.

Most devastating to Cordova residents, the once-lucrative Pacific herring fishery has not returned in significant numbers since 1993, a failure precipitated by the spill, according to a recent report by science center researchers. Exxon maintains there is no link between the spill and the virus that reduced the number of herring.

The herring catch used to kick-start the entire town after the quieter winter months. Herring meant a quick bounty for fishermen and ready cash for boat insurance, equipment repairs and new gear. For many, it represented a half-year's earnings. Herring also brought auxiliary ships, processor vessels, and plane crews for spotting the fish.

"A whole lifestyle has gone," said restaurant owner Libbie Graham. "Life was great. I mean, you worked hard but you were rewarded for it."

The year before the spill, Cordova received $1.2 million - or 2 percent of the value of fish caught - through the state's raw fish tax, according to Joyce, the mayor. Post-spill, the town's annual cut has averaged around $500,000, reflecting the loss of the herring and the falling price of salmon.

"When our budget is just $6 million, that's a big hit for us," Joyce said.

Steve Picou, a sociologist with the University of South Alabama who has been researching the effects of the spill on Cordova residents, said that initially, reports of stress and depression were directly linked to the loss of jobs for fishermen and the damage to the environment so crucial to Alaska Natives who hunt and fish for their food. Later, he said, the stress increased because of the drawn-out court battle with Exxon.

"I find it not only ironic but tragic that the very process that is supposed to resolve the social impacts of the Exxon Valdez spill - that is, litigation - has, over time, become a source of stress and disruption itself," Picou said.

[harp1963]

Exxon clean up their own mess? That''s a joke.

[rebelscout]

This should have been done along time ago! Exxon rapes us for millions every year and refuses to take care of their own mess.Sound familiar?

[racam_us]

Up until now some excuse has been made for an increase in gas prices. This time it was just a back page paragraph or two that stated that gas was going over a $100 dollars a barrel. No explanation, just the statement. Then I read about the Exxon Valdez settlement and I came to the conclusion that Bush and Co. was allowing their friends to make another record profit to help pay for their settlement. Just another day in the lies and times of George Bush.

[incog-nito]

With Bush''s supreme court it''s highly unlikely Exxon will pay a dime.

[sdcjd1]

Sickening. Now let''s see how the newly appointed Supreme Court judges will rule. Considering they are ex-corporate lawyers, my guess is that they will rule in favor of Exxon. Shame on them if they do!

[duffyn]

For all you people who suckered into his lines and voted for bush. You will probably see the result of the supreme court decision will be to *&^ on the little guy and vote for exxon. $40 billion in profit while our economy suffers. Real american bush and the exxon boys. Oh yeah, and girls, condi rice was an exec at exxon. I cannot wait for a new prez!!!!

[ontheleft]

''Steve Smith, a 69-year-old Cordova fisherman, worries that big business will prevail''

I''m afraid he''s right, especially with the way the court has changed with the Bush appointees.

[pairof9s--2008]

lighten up, duffynight. God, this dribble from you Bushbashers is almost as worse as his policies. Somebody faurts in the wind and it''s Bush''s fault. Give it a rest.

As for the Exxon issue, I find it pathetic that a company which has the highest recorded fiscal revenues and profits in the history of corporations sees it worthy to avoid paying for a oil spill it clearly is responsible for...as determined by an US court with American jurors. It''s why to this day since the Valdez spill, I have never bought Exxon gas or products. I''m obviously not hurting them, but then again, I could give a rat''s arse about their products...hasn''t bothered my one iota!

[pairof9s--2008]

lighten up, duffynight. God, this dribble from you Bushbashers is almost as worse as his policies. Somebody faurts in the wind and it''s Bush''s fault. Give it a rest.

As for the Exxon issue, I find it pathetic that a company which has the highest recorded fiscal revenues and profits in the history of corporations sees it worthy to avoid paying for a oil spill it clearly is responsible for...as determined by an US court with American jurors. It''s why to this day since the Valdez spill, I have never bought Exxon gas or products. I''m obviously not hurting them, but then again, I could give a rat''s arse about their products...hasn''t bothered my one iota!

[runningralph]

Hazelwood was a wino and liberals forced EXXON to give him his job back. Go sue the low life libs.

[brianbwb-2009]

"I really wonder, what do you do if you don''t get a just decision out of the Supreme Court," he said on his boat Prince William. "I mean, there''s no other court to take it to. What do you got left, really? Anarchy?"

Yep, and when the Court rules for Exxon, it will be time to take them down.

[jerr11]

When is the supreme court going to hear the case about the president who brought us to war with 935 lies, and killed 4000 of our best, and bankrupted us in the process?

[libsrweak]

When is the supreme court going to hear the case about the president who brought us to war with 935 lies, and killed 4000 of our best, and bankrupted us in the process?


Posted by jerr11 at 01:09 AM : Feb 26, 2008
+ report abuse

******

as soon as they can prove that vomit that you just spewed..i would really wish obama would win..you would learn the meaning of ''fighting'' for your freedom

[brianbwb-2009]

"as soon as they can prove that vomit that you just spewed..i would really wish obama would win..you would learn the meaning of ''''fighting'''' for your freedom"
Posted by libsrweak

Easy enough, Bush''s WMDs lie told 935 times, inclusive Colin Powell telling it to the UN, and Congress, number of US soldiers dead 4,000, these are easily available numbers and events that are public information.

If he wasn''t lying about the WMDs, then where are they? You might call it vomit, but it is truth, maybe to you truth is vomit...

[kesac4650]

Exxon has paid and paid and paid and paid. They were driven to the verge of bankruptcy, and worked their way back, and now some want them to pay and pay and pay some more for the drinking problems of some and the divorces of others, and the virus striking fish there and many other places too.

[excoachken]

The U.S. Kangaroo-Supreme Court, under new management will do just what the Bush Oil Mafia wants, and I hope so Perhaps this will be the last straw and suddenly the "good" Republicans will leave the "dark side." Until know, I admit, it has been amazing how deep in denial some can be concerning the transparent destruction of the middle class and violation of 200+ years of effective Constitutional government by this group of thugs, but this will be the fitting, final act. I smell ImPEACHment blossoms growing in the hearts of the people.

[oleander8]

"...I find it pathetic that a company which has the highest recorded fiscal revenues and profits in the history of corporations sees it worthy to avoid paying for a oil spill it clearly is responsible for...as determined by an US court with American jurors." Posted by pairof9s

BRAVO! Succinct and to the point. This case personifies the greed and lack of ethics by Big Business in America.

[zykracosmos]

Kesac,
I find it humorous, enough to stop what I''m doing and post here, that you would have sympathy for poor little Exxon, who has paid and paid, etc., and just posted a $40 billion profit, the highest of any company in the world. Truth is that Exxon is the greediest, most corrupt multi-national corporation in the world, has spent more money fighting scientists who warn about global warming than they have cleaning up Prince William Sound, and they use their hard cash to corrupt entire governments to do their bidding. Cheney worked directly with them to hand us our national energy policy, which included taking out Saddam Hussein. Wake up and smell the crude. And speaking of which, it wouldn''t make much difference to them where you buy your gas, because they are mainly in the crude and refinery business, and end retailers buy their gas from regional distributers who may get their supplies from anybody. You want neutralize the power of a monster like Exxon folks, vote for people who will get us off the fossil fuel grid entirely, and get on the bandwagon for utility companies that use solar and wind for electricity that will run our electric cars, and then turn your roof into a wall of solar panels and sell energy back to the grid.

[ioweign]

i would really wish obama would win..you would learn the meaning of ''fighting'' for your freedom

Posted by libsrweak at 01:39 AM : Feb 26, 2008

Geee - what happened on 9-11-2001 - Bush was just like the skipper of the Exxon Valdez - drunk at the wheel...

[grumpas]

I won''t hold my breath until the court rules in favor of the people who are suffering. The Supreme Court has become the political arm of the Republican Party. Guess how they are going to vote??????

[kattyclayz]

I don''t see how Exxon could feel that they AREN''T liable for this.. One of their employees wrecked a tanker into one of the most beautiful areas that the US has and almost killed all of these little towns that depended on fishing as their source of income. I''d like to see how the Exxon Execs would feel if someone flicked a cigarette on about 12 of their best producing oil fields. I''m sure THEY''D expect retribution.. Money grubbers, that''s the only way to describe it..
And yes, the Alaskan people will probably NEVER get anything for it b/c the courts are so pro-business that they''d rather have their pockets fattened than defend it''s people.. Ben Franklin, George Washington & Thomas Jefferson are probably so ashamed of what''s happened to this country.

[mbcsmith]

Geee - what happened on 9-11-2001 - Bush was just like the skipper of the Exxon Valdez - drunk at the wheel...


--------------------------------------------------------------------------------

Posted by IOWEIGN at 08:25 AM : Feb 26, 2008

That''s such an absurd moron.org comment I think I''ll just let it lay.

[secundus2]

This story is poorly done because it says nothing about maritime law. Yet it is supposedly a story about a Supreme Court case.

In oversimplified terms, maritime law exempts ship owners from liability for damage caused by employees acting against the rules of the owners. Exxon will claim that the drunken captain acted against their rules; the other side will surely argue that Exxon
should have known what their employee was doing.

This legal question has little or nothing to do with politics or with who appointed whom to the Supreme Court, nor even much to do with how badly people suffered from the accident. Nobody can blame the people damaged for going after the company with the deep pockets, but they may not prevail, since the law was in effect for decades (at least) before this spill.

[barryrose1]

Greed and more greed as Exxon steels more of the American populouss'' money daily, and then feel as they have done no wrong.Exxon officials should be hung along with the entire BUSH(whacked) administration danggling next to them. This would straighten the whole world out in a matter of minutes.

[clestes-2009]

Wow, this could be a HUGE case in decided who is responsible and who pays for enviromental disasters caused by man.

If the Supreme Court does not do justice here, it will KILL all new searches for oil in deep sea or in the Artic.

shrub wouldn''t put the polar bear on the endangered species list and Exxon won it with $2 billion bid. (Another in a long list of stupid decisions he makes. GW Shrub, the executor of the polar bear! I can hear the history professors now)

I willing to bet here and now that not a single drilling will happen. The movement to protect the polar is strong and getting stronger.

There are oil accidents all the time and they are generally hushed up, but it is getting harder and harder to do.

[ianlou]

This case could set a dangerous precedent in corporate America...imagine a giant corporation actually held responsible for their negligent acts!!!

You have to admire their legal tactics thou...
"If we stall this case long enough, anyone who witnessed our little oil spill boo boo will die of old age before they can collect any punitive damages."

After all, Exxon knows money does grow on trees as long as those trees are allowed to rot for a million years underground.

[jerr11]

Geee - what happened on 9-11-2001 - Bush was just like the skipper of the Exxon Valdez - drunk at the wheel...


Posted by IOWEIGN at 08:25 AM : Feb 26, 2008


And when he ran aground, he realized he''d hit a goldmine... Iraq here we come!!

It''s payday for Halliburton and Bush''s cronies!

[easeup-2009]

This board is hilarious. The accident happened in 1989 & somehow, some way it''s Bush''s fault.

Brilliant.

[cozzicon]

"This board is hilarious. The accident happened in 1989 & somehow, some way it''''s Bush''''s fault.

Brilliant." -- Posted by easeup

Actually it is Brilliant.

When the decision comes out of the court, you''ll be able to see how those conservative justices do, and you CAN directly blame Bush for that.

[easeup-2009]

"Actually it is Brilliant.

When the decision comes out of the court, you''''ll be able to see how those conservative justices do, and you CAN directly blame Bush for that.


Posted by cozzicon at 10:39 AM : Feb 26, 2008"

Are you so narrow-minded that you think Supreme Court justices are at the beck & call of the President who nominated them? These people are called "conservative" or "liberal" for their SOCIAL ideologies (i.e. abortion, civil rights, etc.) NOT because they are owned by the President.

[bevc4]

Hello Alaska !! You can''t have it both ways.. open your areas to drilling $$ but have no consequences? Sad but true.

[stanleyrice]

Another example of swift and sure justice in America! Truth is in the 19 years Exxon was able to hold this case off. Truth is in the corporate culture of Exxon, which is to lie, lie, distort, cover up, distract, ignore reality and facts, and lie some more. I know because I have worked for and with the highest and lowest level employees at Exxon. Shame on you! The truth shall set you free.

[connapa]

Sounds to me like the area was likely on the verge of ecological collapse from overfishing. If, after 19 years, it has not rebounded and one factor involved is a natural disease, then they are still likely overfishing. Even without the dying off following the spill, this same situation would still have happened, albeit a few years later than it did. In any event, this was bound to happen, with or without the Valdez''s help. They at least have someone to sue. If it had happened "naturally", they would have to sue themselves.

[ricknuber]

easup-

As usual, you''re out in neocon la-la land.

Bush and co. have done so much to politicize justice in this country, what makes you think the SCOTUS is any different? Justices are mere humans just like everyone else. They are as corruptible and fallible as any other human on the planet.

I doubt that a justice who was appointed by Bush was appointed for any other reason then their slavish loyalty to Bush/Cheney. After all, that''s what got all those fresh-out-of-school US Attorneys their jobs over well-qualified candidates who graduated from real law schools.

The point is that Bush is beholden to the oil companies, and the SCOTUS is partly beholden to Bush. There will be no penalty for Exxon because it would hurt a big GOP contributor.

[cbsblogger]

I agree with the others. Exxon should be required to pay punitive damages plus 19 years of interest. Their delay tactic should cost them.

BTW Exxon recently gave their fat cat (literally) CEO almost 1/2 Billion as a retirement package?

http://abcnews.go.com/GMA/story?id=1841989

[fstop100]

What is there to hear? Exxon rips off everyone in this country and doesn''t even feel responsible for their screw up? Their low life lawyers should pay too!

[cusefanjapan]

It''s incredible (and a travesty) that this case has dragged on this long. ExxonMobil should have pay out their profits from last year. It just goes to show that our legal system is as much to blame as that bloodsucking oil company. Beelzebub is probably their CEO. Stick it to ''em good!

[bobnjersey]

["I really wonder, what do you do if you don''t get a just decision out of the Supreme Court," he said on his boat Prince William. "I mean, there''s no other court to take it to. What do you got left, really? Anarchy?" ]

revolution. when the rules don''t work for or serve you ... you don''t need the rules ... and don''t see a need to follow them.

[easeup-2009]

"I doubt that a justice who was appointed by Bush was appointed for any other reason then their slavish loyalty to Bush/Cheney."

Posted by RickNuber at 11:41 AM : Feb 26, 2008"

Slavish loyalty? That statement proves that you are beyond clueless about the Supreme Court. I can''t even ponder a way to debate someone who stomps his feet & states such utter ignorance. These judges are picked by their beliefs on SOCIAL issues and that is a FACT--AND they are approved by a BIPARTISAN (I''m sure you had to look that word up) committee & the majority of Congress.

Go seek help for your Bush fetish.

[godseyesore-2009]

Hey, ''easeup'', take off your blinders. Supreme Court showed their political pander in jumping into election process where they had no business (admitted by late justice Rehnquist). Oh Exxon will get away with it. "Supreme Regime" has made it so, and "Supine Court" will agree.

[crusherking]

You idiotic leftist sheep. All you can do is find some way to blame everything on Bush. Well, guess what. This has nothing to do with Bush. Sorry to burst your bubble but its the truth. You can make all these ridiculous claims about the Supreme Court being paid off, feeling beholden to Bush etc., but its all smoke and you dam well know it. I sure don''t see any Democrats standing up and pressing the issue forward. Why are they so silent? One day you will wake up(hopefully after you have matured a bit) and realize that all the time you spent bashing Bush for things he has no hand in at all was simply that much of your life you wasted. Way to go losers!

[rushlimpdrug]

It''s a done deal.
Keep drinking, divorcing, commiting suicide.

No one including exxon, the lawyers and the Supremes Court cares.

We will show compassion for you, for a price.

[tucano2]

What case? Exxon needs to pay p in full, plus interest and penalties.

[ricknuber]

easup-

There is no notion of bipartisanship in this government, or hadn''t you noticed? Both major parties are acting against the wishes of the majority of Americans. I find it sad that the neocons are still pushing this misguided notion that the government is infallible...well, as long as they agree with the president, that is.

Neocons. Slavish dullards, every one.

[mbcsmith]

"I doubt that a justice who was appointed by Bush was appointed for any other reason then their slavish loyalty to Bush/Cheney."

Posted by RickNuber at 11:41 AM : Feb 26, 2008"

j-witless by any other name is still witless.

[jlbear60]

Looks like the oil compnay gets away with murder again, they have this country in the hole and they have congress/senate/courst in their pockets. They will never own up to the strangle hold they have because it''s all baout money, it the governmnet wasn''t in their pockets, the oil companies won''t be running this country in to the hole. STOP THE OIL/GAS companies and this country would be safe and the average American would have money in the banks too.
So until we stop the oil/gas companies and the insurance companies, we as Americans will never be free from debt.

[mbcsmith]

I wonder how many posters here buy gas from Exxon or one of their distributors.

[ricknuber]

Oh, good...mbcsmith is up from her nap. Ready to throw your first cursing, incoherent tantrum of the day?

[antoniof123]

I don''t want to hear the crying from these people in Alaska they voted for the ones that run the court you know the ones appointed by dumbo.

[antoniof123]

Are you so narrow-minded that you think Supreme Court justices are at the beck & call of the President who nominated them? These people are called "conservative" or "liberal" for their SOCIAL ideologies (i.e. abortion, civil rights, etc.) NOT because they are owned by the President.

Posted by easeup at 10:45 AM : Feb 26, 2008

Your mistake is they are chosen by the President because they hold his political belief and if that belief is one that business should not pay for any damages then that is why they got chosen.

But the good will be that the people in Alaska may move away from the wacko conservatives they helped put into office. Too bad it takes destruction of their enviornment for them to see it.