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Remedies Keyed to Tabb, 8th
In re the Exxon Valdez v. Hazelwood
Citation:
270 F.3d 1215 (2001)Facts
The Exxon Valdez departed Valdez, Alaska on the night of March 24, 1989, carrying oil through Prince William Sound. Captain Hazelwood prudently moved the vessel outside normal shipping lanes to avoid ice, placing it on a course toward Bligh Reef. Despite the need for careful navigation through the narrow passage between ice and reef, Hazelwood left the bridge just two minutes before the critical turn was required, going to his cabin allegedly for paperwork. Before leaving, he placed the vessel on autopilot, which increased speed, and left vague instructions to Third Mate Cousins to turn back into the shipping lane at Busby Light. Evidence established that Hazelwood had consumed at least five double drinks (approximately fifteen ounces of alcohol) before boarding, and that Exxon’s highest executives knew he was an alcoholic who had fallen off the wagon and was drinking aboard their ships. The fatigued Cousins, assisted only by helmsman Kagan, failed to execute the turn properly, and the vessel ran aground on Bligh Reef, tearing open the hull. Exxon subsequently spent over $2 billion on cleanup efforts and $300 million on voluntary settlements. The United States and Alaska obtained a consent decree requiring Exxon to pay $900 million for environmental restoration and a criminal fine of $125 million.
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