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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.  


Norway Appeals Court Clears Transocean in Tax-evasion Case

Offshore rig firm Transocean was cleared of accusations of tax evasion in a civilian case brought by the Norwegian state, a Norwegian appeals court said in a verdict on Monday.   By reversing the verdict made by a lower court, Transocean avoided claims of about 400 million Norwegian crowns ($47 million) to the Norwegian tax authorities.   In January, Norwegian police said they had dropped a planned appeal in a criminal case against Transocean declaring that the company and its


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.  


S.Korea Court Declares Hanjin Bankrupt

File Image: credit Hanjin

A South Korean court declared Hanjin Shipping Co Ltd bankrupt on Friday, after ruling earlier this month that the firm's liquidation value would be worth more than its value as a going concern.   Hanjin Shipping, which had been the world's seventh-largest container shipper


Korea Bank Puts 10 Hanjin Vessels Up for Sale

File Image: a Hanjin Boxship underway (CREDIT: Hanjin)

 Korea Development Bank, the main creditor of the dissolved Hanjin Shipping Co. and state-owned entity, has put 10 Hanjin vessels up for sale in order to source back elements of its extended loans, reports Yonhap.   According to the sources


S.Korea Court to Declare Hanjin Bankrupt on Feb. 17

A South Korean court said on Thursday it decided to end Hanjin Shipping Co Ltd's court receivership process and expects to declare bankruptcy on February 17 after a two-week period for appeals.   The Seoul Central District Court said in a statement that it made the decision as the firm's


FMC Commissioner Doyle Rejects Blanket Authorities for Foreign Ro/Ro Carriers

William P. Doyle

Commissioner William P. Doyle Votes to reject joint contracting authority for Ro/Ro foreign carriers to negotiate collectively for U.S.-Flag tug services.   Doyle's Statement, shown below, says new rules go beyond the scope of the Shipping Act and shipping practices harmful to U.S


Danish Shipping Tribunal Relocated to Viborg

Image: Danish Maritime Authority

 As part of the Danish Government's plan "Better balance – Government jobs closer to citizens and companies" (only available in Danish), the Danish Appeals Boards Authority was established on 1 January 2017.   A large number of Danish appeals boards have relocated to


China's Ying Kou Port Group chairman sentenced to 14 years for bribery

The chairman of China's Ying Kou Port Group was sentenced to 14 years in prison for accepting around 26.8 million yuan ($3.86 million) in bribes, said the official Xinhua news agency on Saturday. President Xi Jinping has waged a widespread campaign to wipe out systemic corruption since he came


S. Korean Court Mulls Sale of Hanjin

Photo: Hanjin Shipping Co

 The South Korean bankruptcy court handling the insolvency proceedings of Hanjin Shipping Co. said Wednesday a sale of the troubled company is possible, say media reports. However, the court has yet to reach a decision.   "The sale of Hanjin is one of the options we're considering


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






 
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