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Appeals Court

Appeals Court OKs Navy Use of Sonar

A federal appeals court on Friday said the U.S. Navy could use high-power sonar during exercises off the Southern California coast despite the technology's threat to whales and other marine mammals. A majority on a three-judge panel of the 9th Circuit U.S. Court of Appeals said the Navy can use the high-power sonar in 11 planned training exercises in its reversal of a lower-court order banning the practice. Source: AP


Appeals Court Refuses to Close Chicago Locks To Deter Carp

On August 24, 2011, a three-judge panel of the U.S. Court of Appeals for the 7th Circuit refused to issue a preliminary injunction to force the closure of locks on the Chicago Area Waterway System (CAWS).     The case stems from the controversy as to how best to prevent invasive Asian Carp from moving up the Mississippi/Illinois waterway system into Lake Michigan.  The state of Michigan and others sued the U.S


Costa Concordia Captain's Sentence Upheld

Costa Concordia (File photo courtesy of Boskalis)

The prison sentence against the former captain of the Costa Concordia cruise liner for his role in the deadly 2012 shipwreck was upheld on Tuesday by an Italian court.   Both Francesco Schettino, who was commanding the ship when it hit rocks off the Tuscan island of Giglio, killing 32 people, and the prosecutor had appealed against the 16 years and one month sentence handed down last year.   But the Florence appeals court upheld the term.  


Portsmouth To Fight LNG

The Portsmouth Town Council has voted to allocate up to $25,000 for legal expenses to help fight a proposed liquefied natural gas (LNG) terminal in nearby Fall River, Mass., the third Rhode Island community to promise money to oppose the project, according to a report on www.turnto10.com. The $250 million Weaver's Cove Energy project was approved on June 30 by the Federal Energy Regulatory Commission. The FERC at that time rejected a proposal by KeySpan LNG to expand an LNG facility in


S.Korean Ferry C/E Overcome by Fear, Panic

The chief engineer of the doomed Sewol ferry who was jailed for 30 years for leaving behind two injured crewmates believed they were dead and had acted in "a state of extreme fear and panic," his lawyer told a South Korean appeals court on Tuesday. Defence lawyers for the 15 surviving crew members of the ferry that capsized last April, killing 304 people, have appealed their convictions that led to prison terms ranging from five to 36 years.


Court Strikes New Balance for Navy, Whales

The U.S. Navy can go ahead with training exercises this month using sonar off the California coast but should afterward implement new guidelines to protect whales, a U.S. appeals court said, according to a Reuters report. For years, U.S. courts have weighed the rights of whales to live undisturbed versus U.S. national security needs. The order of the 9th U.S. Circuit Court of Appeals was the latest effort to strike the right balance.


U.S. Supreme Court Declines Exxon Mobil Appeal

us supreme court.gif

The U.S. Supreme Court on Monday declined to review a ruling against Exxon Mobil Corp that ordered the company to pay $105 million in damages for polluting New York City's groundwater with a toxic gasoline additive. The decision not to hear the case leaves intact a July 2 U.S. Circuit Court of Appeals ruling that upheld the judgment. In 2009, a jury concluded that Exxon contaminated water supply wells when the additive, methyl tertiary butyl ether (MTBE)


US Top Court Upholds Cross-State Air Pollution Rule

Victory for Barack Obama

The U.S. Supreme Court handed President Barack Obama a victory on Tuesday by upholding a federal environmental regulation requiring some states to limit pollution that contributes to unhealthy air in neighboring states. By a 6-2 vote, the court said the U.S. Environmental Protection Agency acted reasonably in requiring 28 states to reduce emissions from coal-fired power plants of sulfur dioxide and nitrogen oxides, which can lead to soot and smog.


Shell Arctic Rig Departs Seattle Surrounded by Protesters

 A Royal Dutch Shell PLC drilling rig that will search for oil in the Arctic pulled out of its temporary base in Seattle on Monday for the trip north to Alaska as dozens of activists in kayaks tried to stop its movement, authorities said.   Live television showed the rig being towed out of its terminal at the Port of Seattle with kayakers fanning out in an arc to try to prevent it from reaching shipping channels and heading out to the Puget Sound.  


Divided Damages Following Collision

The U.S. Court of Appeals for the Fifth Circuit upheld the equal division of damages in a collision case where both vessels were at fault. In the instant case, an inbound tanker collided with an outbound dredge in the Houston Ship Channel. The trial court found both vessels to have been at fault and divided the damages equally. The tanker owner appealed, asserting that the primary cause of the collision was the steering failure on the dredge as the two vessels were about to pass


STX Heavy Under Rehabilitation Process

Photo: Pan Ocean

 The Seoul Central District Court begins  a rehabilitation process for STX Heavy Industries Co, after the financially strapped company applied for protection late last month, reports Yonhap.   STX Heavy Industries is the latest victim in South Korea's faltering maritime industry


ICS Criticises 'Prestige’ Judgement by Spanish Court

An oil cleanup volunteer holds up Comorant covered in oil from the sunken Prestige oil tanker on the coast of Galicia, Spain. Photo Greenpeace

At a meeting of the International Oil Pollution Compensation Funds (IOPCF) this week, the International Chamber of Shipping (ICS) has strongly criticised the judgement of the Spanish Supreme Court in the ‘Prestige’ Case.  


Stockholm Norvik Port Construction to Start

Stockholm  Norvik Port Image courtesy Ports of Stockholm

The planned freight port, the Stockholm Norvik Port, just north of Nynäshamn, is extremely important for the establishment of an efficient, eco-friendly supply of goods to the Stockholm region. In accordance with the Swedish Environmental Code


Transocean Defeats Shareholder Appeal over Gulf Spill

Transocean Ltd on Thursday won the dismissal of an appeal by shareholders accusing the owner of the doomed Deepwater Horizon drilling rig of deceiving them about its safety practices prior to the 2010 Gulf of Mexico oil spill. The 2nd U.S


BIMCO: Recommended Amendments To Bunker Contracts

Pic: WP Marine

 As widely reported in the maritime press, the United Kingdom's Supreme Court has granted an expedited hearing to Product Shipping & Trading's case against the collapsed OW Bunker (the Res Cogitans).    The hearing will take place on 22 March in London and will deliver the


EU to Fight Spanish Ship Finance Scheme

Regulators cracking down on national schemes which benefit some; more legal battles ahead with Luxembourg, Dutch tax appeals. EU state aid regulators are looking to Europe's top court to back their decision against a Spanish tax lease scheme for shipbuilders


Box, Dry Bulk Can Sustain by Slashing Capacity

Photo: CMA CGM

 International accountant and shipping adviser Moore Stephens believes slashing capacity is the only way to achieve stability in the dry bulk and container ship sectors.  The shipping industry is expected to remain volatile and indispensable in 2016.   


Shipping Faces More Volatility in 2016 -Moore Stephens

Richard Greiner (Photo: Moore Stephens)

The shipping industry is expected to remain volatile and indispensable in 2016, says International accountant and shipping adviser Moore Stephens. Moore Stephens shipping partner Richard Greiner says, “The ultimate definition of an optimist has been characterized as an accordion player


Norwegian Authorities Release Murmansk Trawler

Trawler Dolgoschele Courtesy Arctic Info

  The detained Norwegians Murmansk trawler "Dolgoschele" returned to its home port and was preparing to set sail again. As reported today by the CEO-owner of the vessel of "Perseus" Alexander Chumakov, the Norwegian authorities did not agree to their explanation


When Conducting Investigations Consider 'Privileges'

Jeffrey S. Moller

Whether voluntarily or as required by the International Safety Management Code, the American Waterways Operators’ (AWO) Responsible Carrier Program, or some other rule or regulation, investigations of accidents and near-miss situations are routinely conducted by companies in the maritime


AWO Calls on Congress for Vessel Discharges Bill

A federal appeals court ruling handed down this week underscores the urgent need for Congress to pass the Vessel Incidental Discharge Act (VIDA) and establish a uniform federal framework for the regulation of ballast water and other vessel discharges


US Orders EPA to Rewrite Ship Ballast Water Dumping Rules

A federal appeals court in New York ordered the government to rewrite its rules regulating the discharge of ballast water by ships, in a victory for environmental groups that said the rules were too lenient and threatened the nation's waterways.


Iraqi Kurds Reassert Right to Export Oil to US Despite Court Ruling

Kurdistan reasserted its right to export oil independently to the United States and other countries on Tuesday despite a court ruling in favour of the Iraqi federal government, which has sought to block crude sales from the autonomous region.  


BP Wins One US Court Ruling, Loses Another Over 2010 Gulf Spill

U.S. Coast Guard photo

A U.S. appeals court said BP Plc, which in July reached a $18.7 billion settlement of federal, state and local claims over the 2010 Gulf of Mexico oil spill, must face one of two proposed class-action lawsuits claiming that the oil company defrauded shareholders over the disaster.  


Where Arbitration Began: Maritime Arbitration in New York

In March 1656, Andrew Kilvert brought suit against Jan Geraerdy in the Court of Burgemeesters of the colony of New Netherland, demanding the release of his vessel, which had been arrested to obtain payment for the sale price of Kilvert’s ship






 
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