Marine link
 

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


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.


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


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)


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.


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


Reduction of attorney’s fee contract to protect seaman

The U.S. Court of Appeals for the Fifth Circuit ruled that a court sitting in admiralty has inherent authority to alter a contingent fee contract for legal services entered into by an uncounseled seaman. In the instant case, plaintiff foreign seaman retained an attorney to represent him in a personal injury suit against the owner of a ship on which he was injured. The contingent fee contract called for recovery (assuming success in the litigation) by the attorney of all expenses and


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.  


US Appeals Court Rejects Challenge to Shell Spill Plans in Alaska

A divided federal appeals court rejected an effort by environmental groups to void a U.S. agency's approval of two oil spill response plans by Royal Dutch Shell Plc related to the company's oil leases in the Beaufort and Chukchi seas on Alaska's Arctic coast.  


DSM Dyneema to Appeal Patent Case Ruling

DSM will appeal against a ruling by a judge in the Court of Milan that one of its Patents is not valid, the company announced in a press release today.   According to DSM, the court case dates back to 2009 and was brought by DSM against EOS


Ex-BP Engineer Deserves New Gulf Spill Trial -US Appeals Court

Photo: NOAA

A former BP Plc engineer deserves a new trial on an obstruction of justice charge related to the 2010 Gulf of Mexico oil spill, a federal appeals court ruled on Tuesday.   The 5th U.S. Circuit Court of Appeals in New Orleans agreed with a lower court judge's decision last June to throw out


European Court Ups Standards for River Dredging

Photo: Port of Hamburg

The European Court of Justice (ECJ) ruled on Wednesday that damage to water quality must be considered when authorities approve river dredging to expand ports, in a ruling which could hinder expansion at the German ports of Bremen and Hamburg.  


Court: BP Employees Can't Be Charged Under Seaman's Manslaughter Law

   The 2010 Deepwater Horizon explosion (Photo courtesy of the U.S. Coast Guard)

  A federal court ruled on Wednesday that BP well site leaders on the Deepwater Horizon oil rig cannot be charged with seaman's manslaughter in the deaths of eleven workers that died during the 2010 rig explosion because they were not seamen.  


PGS Wins Patent Dispute with EMGS

Ramform Titan Courtesy Petroleum Geo-Services

  Oslo, Norway, Petroleum Geo-Services ASA informed today that Oslo District Court in its judgment of 13 February 2015 ruled in favor of PGS in the lawsuit filed by ElectroMagnetic GeoServices ASA ('EMGS') against PGS for patent infringement relating to PGS' Towed Streamer EM technology.


Panama Canal Case Headed to Arbitration

Picture Credit: Panama Canal Authority.

 The Panama Canal Authority (PCA) and the consortium building a third set of locks for the inter-oceanic waterway said in separate statements that they will take a dispute over cement quality to international arbitration.   The PCA has asked for an international arbitration panel to


Maersk: Iran Must Release Ship, Crew

Denmark's Maersk shipping said on Thursday it insisted on the release of a vessel and crew seized by Iran, adding it assumed the incident was related to a 2005 court case over uncollected cargo. The Marshall-Islands flagged Maersk Tigris container ship was detained by Iranian forces in the


US Navy to Accompany US Ships in Strait of Hormuz

U.S. Navy ships started accompanying U.S.-flagged commercial vessels passing through the Strait of Hormuz on Thursday, seeking to ensure freedom of navigation two days after Iran seized a cargo ship, U.S. defense officials said.   The officials, speaking to Reuters on condition of anonymity


Maersk Vessel to be Released after Company Pays Debt: Iran

Maersk Tigris: Maersk Line

 The Iranian Embassy in Denmark has reportedly said that a cargo ship recently impounded the Persian Gulf by Iranian Navy forces will be released if the ship’s operator company settles its overdue debts to an Iranian plaintiff.   


BP Wins Right to Appeal Gulf Spill Damages Claims

BP Plc deserves the right to have a federal appeals court review some damage claims awarded under the settlement to compensate people and businesses harmed by the 2010 Gulf of Mexico oil spill, a U.S. appeals court ruled on Friday.   The 5th U.S


Court Allows Eurotunnel-Owned Channel Ferries

Ferries owned by Groupe Eurotunnel and run under the MyFerryLink brand can continue to run between Britain and France, after a British court upheld an appeal from a workers' collective which runs run the ferries. Britain's Competition and Markets Authority (CMA) has been examining Eurotunnel's


Ferry Firm DFDS Looks to Expand

Danish ferry and transportation firm DFDS is on the takeover trail, its chief executive said, after reporting its highest first-quarter operating profit on record and turning around its loss-making English Channel route. Earnings before interest, taxes


Environmentalists Sue Over Shell Plan to Drill in Arctic

Several environmental groups sued the United States on Tuesday to derail Royal Dutch Shell PLC's plan to drill in the Arctic Ocean as soon as July.   The Bureau of Ocean Energy Management, an agency within the U.S. Department of the Interior


Eurotunnel Sells Ships to Danish DFDS Group

Image: MyFerryLink

 Eurotunnel reluctantly sold to its subsidiary, the Calais-to-Dover ferry business, MyFerryLink the Danish DFDS, the competitor of the Channel Tunnel reports Le Monde.   The company is a forced seller of the service because of antitrust action






 
rss feeds | archive | privacy | history | articles | contributors | top news | contact us | about us | copyright