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Responder Immunity
The Federal Water Pollution Control Act (FWPCA – also known as the Clean Water Act), as amended by the Oil Pollution Act of 1990 (OPA 90), contains a responder immunity provision. That provision states, in pertinent part:(A)A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with…
Responder Immunity: The Means to Protect the Salvor in “Bet the Company” Responses
The specter of liability beyond the limits of applicable insurance for the salvor’s liability to both its contractual partner and third parties continues to haunt…
Spill Prevention & Response: Old Lessons, New Challenges
Emerging spill response trends fit into two big categories: technology and a combination of economic and social forces. Both will shape what comes next.Florida’s stunning Tampa Bay stands out as exactly the kind of place where you have to think about hazardous materials emergencies. It was 25 years ago, on August 10, 1993, that a freighter collided with two barges near the entrance of Tampa Bay, causing a fire and spilling over 32…
Op/Ed: The Spill Response Industry's Greatest Challenges
Devon Grennan, president and CEO of Global Diving & Salvage, and president of the Spill Control Association of America (SCAA) asks the tough questions. What are the biggest challenges the spill response industry faces in light of the current political and economic climate in the United States? And what is SCAA doing to meet these challenges? I see the primary challenge that the spill response industry…
INSIGHTS: Steve Candito, President, Foresea Consulting
Steven Candito is the Founder, President and CEO of Foresea, which provides advisory services including strategic planning, regulatory compliance and crisis management…
How Politics Impacts OPA 90 Responder Immunity
Many people today are frustrated with the current U.S. political process as we endure various government stalemates on budgets, Supreme Court appointments, and, of course, the Presidential election. The general theme is voters are angry with the political establishment and, as a result, outsiders like Donald Trump and Bernie Sanders are doing well in the polls. Much of this anger is directed at the influence big money donors and lobbyists have over the process.
Oil Spill Response: Responder Immunity Analyzed
On February 16, 2016, Judge Carl J. Barbier of the United States District Court for the Eastern District of Louisiana granted summary judgment in favor of the various…
Marine Salvage & Oil Spill Response Insights
Last month Maritime Reporter had the good fortune to receive insights from a trio of maritime salvage leaders – Paul Hankins, Tim Beaver & Jim Elliott – garnering insights on one of the most challenging and ever-changing sectors of the maritime market. It was recently written “salvors have become more closely tied to Oil Spill Response Organizations (OSROs).” Why? Hankins The Oil Pollution Act of 1990 (OPA90) defines how all stakeholders will respond to potential or actual oil spill responses.
Interview: Oil Spill Repsonse Insights from MSRC's Benze: Steven T. Benz, President and CEO, Marine Spill Response Corporation (MSRC)
As President and CEO of MSRC, Steve Benz presides over the largest oil spill response company in the United States (and worldwide). In that position since January 1996, he has during that tenure, overseen several critical phases in the Company’s evolution. These include a major restructuring in the late 1990s to make it more competitive; growth throughout the 2000-2009 period, including acquisition of several companies…
Marine Salavage: Responder Immunity Benefits a Responsible Party
Putting to rest the fears and misconceptions about what responder immunity means and what it will eventually do. It’s all good. As many in the response industry, and in many cases the marine industry in general appreciate, there has been an extended effort to enact an enhanced responder immunity regime following the lessons learned from the Deepwater Horizon incident. It is hard to believe that we only recently observed the fourth anniversary of this unfortunate incident.
Marine Salvage Saves Time, Money, Lives & the Environment
Though maritime transportation is unequivocally proven as the safest and most environmentally benign means to move goods from ‘point A to point B,’ it is a given that accidents do happen. When they do, having a qualified, competent marine salvage company around can be the difference between minor incident and major tragedy. For insights on the maturation and future of marine salvage sector, MR reached out to the leadership of the American Salvage Association (ASA) for answers.
Interview: John Witte - VP, International Salvage Union
Working full-time with Donjon Marine Co., Inc. since 1982, John A. Witte, Jr. is currently Executive Vice President. He oversees the day-to-day operations of Donjon’s Marine Salvage, Demolition, Marine Transportation, Diving, Heavy Lift and Shipbuilding Operations. Witte is also responsible for Donjon’s Regulatory Compliance Program for all marine related activities and has served as Salvage Master on numerous Donjon Salvage projects since 1982.
Interview: Rich Hobbie, Water Quality Insurance Syndicate (WQIS)
An interview with Rich Hobbie, the leader of the Water Quality Insurance Syndicate (WQIS), the largest underwriter of pollution liability insurance for marine vessels in the United States. Can you give our readers an overview of your business today. The Premium income and growth factors in the marine insurance industry are very stagnant right now. And competition is quite heavy in all areas. In the U.S. market and in the marine market in general, there are new players.
Insights - Paul Hankins, President American Salvage Association
This month’s editorial calendar has, in part, as its focus, oil pollution, prevention and response. Or, in other words, missions and matters that cut to the very heart of the American Salvage Association (ASA) and the goals of its considerable membership. This month, ASA President Paul Hankins weighs in on a host of issues that impact the rapidly evolving world of salvage, the players that make up that sector of the marine industry, and why all of that is important. Mr.
Offshore Insights from OMSA's Ben Billings
Ben Billings serves as President & CEO of the Offshore Marine Service Association (OMSA), a nationwide trade association headquartered in New Orleans that represents more than 200 member companies. OMSA’s membership includes approximately 100 firms operating more than 1,200 vessels that provide transportation services to the offshore oil and gas industry in the Gulf of Mexico and around the world. It’s arguably a very good time to be at the helm of OMSA, with a resurgent U.S.
Spill Response Discussion with SCAA President Scott Metzger
Scott Metzger has been with Clean Harbors Environmental Services for more than 22 years. He is the Senior Vice President, Emergency Services and holds an oversight role for the Clean Harbors National Strike Team that manages environmental incidents. When not deployed on an event, Scott is focused on ER preparedness, readiness, training and the strategic development of response teams. And now, as the President of the Spill Control Association of America (SCAA), he’s got even more on his plate.
Congress Should Enhance OPA 90 Responder Provisions
The Benefits to the Scope of Coverage in an Expanded Responder Immunity Regime are many. The response industry has been extremely supportive of a coalition effort…
ASA Names New 2013-2015 Officers
Paul Hankins, Vice President for Salvage Operations at Donjon Marine Co., Inc., was elected President, succeeding Tim Beaver, Global Diving & Salvage, Inc., who served as President from 2011-2013. Jim Elliott, T&T Marine Salvage, Inc., was named Secretary/Treasurer. Paul Hankins has over 30 years’ experience in the marine industry after graduating from the U.S. Naval Academy in 1981 with a Bachelors…
Insights: Joseph Farrell, Jr. President & CEO, RESOLVE Marine Group, Inc.
Joe Farrell needs no introduction to the marine salvage community or, for that matter, MarineNews readers. Originally from the Boston, Mass., area, he began by enlisting in the United States Coast Guard, eventually attending the U.S. Navy diver school, becoming a ship’s diver. After two years at sea and diving in Arctic waters, he volunteered for service and became an explosives advisor, offloading ammunition ships in Vietnam. Eventually, Farrell became a civilian diver at the U.S.
American Salvage Association to Consider Non-Tank VRP's
One issue on the conference agenda will be the new regulations for Non-Tank Vessel Response Plans (VRPs). On March 9, 2013, the OPA 90 Vessel Response Plan regulatory…
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