The Coast Guard has dropped — at least for now — a planned court challenge to the state law designed to protect Buzzards Bay from wayward oil barges.

Homeland Security Secretary Janet Napolitano wrote this week to Rep. Barney Frank, D-Mass., saying, "Although the USCG (Coast Guard) has concerns about the new legislation, we do not have any present intention to initiate a legal challenge."

The news was hailed by Frank and four other members of the congressional delegation who wrote to the Coast Guard last month protesting the planned legal challenge. They said in the letter the state was acting within its jurisdiction and reminded the Coast Guard that President Barack Obama in May sent a memo to all departments instructing them to cooperate with, not confront, state governments that are trying to solve problems.

"Preemption of state law by executive departments and agencies should be undertaken only with full consideration of the legitimate prerogatives of the states and with a sufficient legal basis for preemption," Obama wrote.

"I am very grateful to Secretary Napolitano for responding to our concerns and agreeing not to try to block the Massachusetts state law regarding oil tankers in Buzzards Bay," said Frank. "This is a welcome contrast from the policy of the Bush administration. Until the day arrives when double-hulled tankers are required, it is vital that we take the necessary steps to protect our natural resources."

Mark Rasmussen, president of the Coalition for Buzzards Bay, also applauded Napolitano's response.

"We have been asking the Coast Guard to work in partnership with us for six years now. Instead, they have seemed more concerned about looking out for the oil barge industry and fighting us in court," Rasmussen said. "This letter has a marked, new tone from the Coast Guard's leadership that is very much welcomed. I hope it's the start of a new era of cooperation and a stronger commitment from Washington to protect Buzzards Bay."

The state law enhances the federal requirement concerning escort tugboats for fuel barges transiting Buzzards Bay. While federal law requires an escort tugboat only for single-hulled barges, which eventually will be phased out, the state requires them for all barges, double and single.

To get around an earlier court challenge, the law was amended so that the state pays for the escort tugs for the double-hulled barges. The money is coming from a 5-cent-a-barrel delivery fee at maritime terminals, up from 2 cents, which is expected to raise $4.8 million a year for the tugboat protection.

The Massachusetts regulations were prompted by the April 2003 heavy oil spill from Bouchard barge No. 120, which dumped about 100,000 gallons of thick oil into the bay. Remnants of it are still found along SouthCoast beaches.

Napolitano said the Coast Guard intends to work with the state as it develops and refines the new regulations.

"I am confident that the USCG and the commonwealth will work cooperatively to achieve our joint goals of prevention of and responding to oil spills, as well as standardizing the new law and policies with the USCG's special regulated navigational area requirements for Buzzards Bay," Napolitano wrote. "I understand the new law requires regulations by the Massachusetts Department of Environmental Protection for further implementation, and the USCG looks forward to working with state authorities during the regulatory development process."

She did not rule out litigation in the future if the process doesn't play out to the Coast Guard's satisfaction.

Sen. John Kerry, D-Mass., who was among the co-signers of the November letter to the Coast Guard, said in a statement, "It's common sense for an escort tug to accompany oil barges and it's working effectively. Protecting the bay from oil spills is paramount and I'm glad the Coast Guard will allow state law to continue to work as it was intended."

Sen. Paul G. Kirk, D-Mass., also a co-signer, said: "Buzzards Bay is one of the most treasured parts of our Massachusetts coastal waters. I commend Secretary Napolitano and the Coast Guard for their fair decision, which will enable us to have proper safeguards to prevent any future oil spill."

Frank said the Southeastern Massachusetts Congressional delegation "has done an outstanding job on this issue and we will continue to work together to protect the bay. Specifically, we will remain in close contact with state officials to assure them that we will not yield to pressure for any changes that would prevent vigorous protection of Buzzards Bay."

Rep. William Delahunt and Rep. James P. McGovern, both D-Mass., also signed the appeal to the Coast Guard.

Steve Urbon is senior correspondent for The Standard-Times.

Republished with permission from original article