Key facts are those facts that determine if the principles of law are met.

| March 29, 2017

Question
Your score will be determined by evaluation of your substantive content. Your analysis and solutions as applicable must be based on the principles of law. Please describe how application of the principles of law to the key facts support your determination of the issues. You need to show the reasoning behind your decision.

The length of your response should be at least one page.

ยท Key facts are those facts that determine if the principles of law are met. You do not need to repeat the factual scenario. Doing so does not meet the requirement of recognizing the key facts. You must still demonstrate you recognize those key facts.

Factual Scenario: In 1972, Congress enacted a federal statute, called the Ports and Waterways Safety Act that established uniform standards for the operation of boats on inland waterways in the United States. The act coordinated its provisions with those of foreign countries so that there was a uniform body of international rules that applied to vessels that traveled between countries. Pursuant to the act, a federal rule was adopted that regulated the design, length, and size of oil tankers, some of which traveled the waters of the Puget Sound area in the state of Washington. Oil tankers from various places entered Puget Sound to bring crude oil to refineries located in Washington. In 1975, the state of Washington enacted a statute that established different designs, smaller lengths, and smaller sizes for oil tankers serving Puget Sound than allowed by the federal law. Oil tankers used by the Atlantic Richfield Company (ARCO) to bring oil into Puget Sound met the federal standards but not the state standards. ARCO sued to have the state statute declared unconstitutional. Discuss who wins, and why?

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