September 30, 2008

Berkowitz Unveils Plan in Response to Exxon Court Ruling

Addressing the United Fishermen of Alaska, House Democratic nominee Ethan Berkowitz today introduced his plan to restore accountability and deter reckless conduct for corporations operating in American waters.

"Look around us. Americans face the biggest economic crisis of our time caused by an excess of corporate greed and a lack of oversight. Alaskans know this story too well," said Berkowitz. "When the Supreme Court limited the right of Alaskans to protect our waters from Exxon's reckless misconduct, and to deter future misconduct, the Court was acting because Congress had not. The majority Court justified slashing punitive damages to one-tenth the jury award because Congress had failed to provide proper guidance."

Berkowitz continued, "Congress can no longer sit back idly while corporations run roughshod over the American people in their quest for profits over safety, any more than can Congress sit back and let corporations continue their quest for executive profits over shareholder protections and the protection of the American economy. As Alaska's Representative, I will introduce legislation to restore accountability for those whose maritime activities cause damage in Alaskan and other American waters."

Once elected, Berkowitz will introduce the 'Restoring Accountability at Sea Act', which will:

. Eliminate the Court's invention of the so-called "1 to 1 ratio" limiting punitive damage awards under maritime law.

. Clarify the law to require that defendants must pay all accrued interest during the pendency of appeals.

. Make clear that maritime law will hold a corporation liable for the reckless acts of its employees, just as the law provides on land.

Berkowitz concluded, "This is about restoring higher standards of conduct in ROS and government. It's about making sure that Washington is responsible to people, not to special interests. It's about standing up for the right thing."