In January 2005, the United States brought suit in U.S. District Court claiming that the following provisions of the Massachusetts Oil Spill Act are preempted by Federal law: state pilotage requirements, personnel and manning requirements, tank vessel design requirements, drug and alcohol testing provisions, tugboat escort provisions, mandatory vessel routing requirements, and the certificate of financial assurance requirement. In 2006, the District Court held that the challenged provisions of the Oil Spill Act were preempted and unconstitutional under the Supremacy Clause of the U.S. Constitution. The District Court permanently enjoined Massachusetts from enforcing those seven provisions.

Massachusetts appealed the District Court decision. In June 2007, the U.S. Court of Appeals for the First Circuit found that the District Court erred in concluding that the Federal law preempted the Oil Spill Act, and erred in entering a permanent injunction. The First Circuit Court remanded the matter back to the District Court to hear additional evidence. On August 20, 2007, the First Circuit Court issued a mandate lifting the permanent injunction, pending further District Court proceedings, as the injunction relates to three provisions: personnel and manning requirements; tug escort provisions; and the certificate of financial assurance requirement.

The personnel and manning requirements, tug escort provisions and certificate of financial assurance requirements are therefore in force as of August 20, 2007.

Lawsuit update - December 19, 2007

On November 28, 2007, new regulations issued by the United States Coast Guard for Buzzards Bay became effective.   Regulated Navigation Area; Buzzards Bay, MA; Navigable Waterways Within the First Coast Guard District, 72 Fed. Reg. 50,052 (Aug. 30, 2007) (to be codified at 33 C.F.R. s. 165.100).  The new federal regulations require tugboat escorts only for all single hulled tank barges carrying 5,000 or more barrels of oil or other hazardous material through Buzzards Bay.  The new regulations also require a federally licensed pilot, who is not a member of the crew, to direct and control a vessel towing a single hulled tank barge carrying 5,000 or more barrels of oil through Buzzards Bay, and establish a Vessel Movement Reporting System.

The Massachusetts personnel and manning requirements and the Massachusetts tugboat escort requirements remain in full force and effect.  With the exception of the period between July 24, 2006 and August 20, 2007 when the federal District Court's injunction was in place, tank barges and vessels towing tank barges have been, and continue to be, subject to both the federal and state tugboat escort and personnel and manning requirements for transporting oil though Buzzards Bay since the state requirements took effect on December 30, 2004.  This means, for example, that since November 28, 2007 a tugboat escort must accompany both single hulled tank barges carrying 5,000 or more barrels of oil through Buzzards Bay and double hulled tank barges carrying 6,000 or more barrels of oil through Buzzards Bay.

Statute and Regulations

Chapter 251 of the Acts of 2004: An Act Relative to Oil Spill Prevention and Response in Buzzards Bay and Other Harbors and Bays of the Commonwealth

The bill was signed into law by Governor Romney on August 4, 2004 and amended on December 30, 2004. The Act, which establishes a new General Laws Chapter 21M and amends several other existing general laws, went into effect immediately as an emergency law.
Web site
Amendment document:
PDF 20 KB | MS Word 30 KB

314 CMR 19.00: Oil Spill Prevention And Response

This regulation implements the tug boat escort requirements of Chapter 21M, s.6 as amended, which provides that effective January 1, 2005, no tank vessel (including tank barges) carrying 6,000 or more barrels of oil shall enter or transit any area of special interest within Massachusetts waters (Buzzards Bay, Vineyard Sound and Mount Hope Bay) unless the tank vessel is accompanied by a tugboat escort or DEP has authorized a waiver of this requirement due to a showing of exigent circumstances by the transiting vessel.
PDF 104 KB | MS Word 45 KB

Response to Comments- February 24, 2005

DEP held a public hearing on February 24, 2005 and accepted public comments on its emergency Oil Spill Prevention and Response Regulations at 314 CMR 19.00, promulgated by DEP on December 30, 2004. This document provides DEP's response to comments received.
PDF 81 KB | MS Word 46 KB

Fact Sheets and Guidance

Discussion Draft:  Three Year Plan for Implementing the Massachusetts Oil Spill Prevention and Response Act

June 2008
MS Word 226 KB | PDF 55 KB

Rationale for Identifying Massachusetts Communities for Inclusion in Coastal Oil Spill Risk Evaluation

June 2008
MS Word 444 KB | PDF 84 KB

Interim Plan for Implementing the Massachusetts Oil Spill Prevention and Response Act

MS Word 158 KB | PDF 94 KB

Fact Sheet on the Massachusetts Oil Spill Act

Web page

Guidance on the Uniform Oil Response and Prevention Fee

Web page

Interim Guidance 

PDF 121 KB | MS Word 47 KB

Guidance on Tugboat Escort Regulations on an Emergency Basis

Web page