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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


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.


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


Ship Owner May Sue Injured Seaman

The U.S. Court of Appeals for the Fifth Circuit ruled that a ship owner may assert a negligence and indemnity claim against its seaman-employee for property damage allegedly caused by the seaman’s negligence. In the instant case, plaintiff mate was injured when his ship collided with another ship. Plaintiff was on watch and in command of the ship at the time and allegedly left the wheelhouse in congested waters to attend to personal business


EU Annulls Sanctions on 40 Shipping Firms

The European Union's second highest court on Thursday annulled EU sanctions on an Iranian bank and 40 shipping companies hit with asset freezes as part of pressure on Tehran over its nuclear programme.   But they will remain under sanctions for now after the General Court gave the EU time


Venice Lifts Ban on Large Cruise Ships

Photo courtesy of Venezia Terminal Passeggeri

Venice, Italy has overturned a ban on cruise ships over 96,000 gross tonnage from sailing through the city’s Giudecca channel and passing St. Mark’s Square.   Venice's regional court of appeal (Tribunale Amministrativo Regionale) threw out the limit imposed in November 2014 for


BP, Anadarko Fail to Win Review of Gulf Spill Fines

  BP Plc and Anadarko Petroleum Corp narrowly failed to persuade a U.S appeals court to reconsider its 2014 ruling that they could face civil fines under federal pollution laws over the 2010 Gulf of Mexico oil spill. By a 7-6 vote, the 5th U.S


Battle Over Keystone XL Pipeline

Oil pipelines are safe and efficientf

  Nebraska's Supreme Court ruled against a challenge to the Keystone XL oil pipeline's route through the state on Friday, clearing the way for the Republican-controlled U.S. Congress to try to force President Barack Obama to approve the project.


Seychelles Anti-Piracy Exercise

Anti-Piracy exercise in progress in the Sychelles. (image: EUCAP Nestor and EU Naval Force)

On Thursday 8 January, a counter-piracy exercise was carried out jointly by the Seychelles Coast Guard, Air Force and Police together with the EU Naval Force Somalia – Operation Atalanta-, and the EU’s civilian maritime security capacity building Mission, EUCAP Nestor.


Courts Upholds BP 'gross negligence' Gulf Spill Ruling

A U.S. judge weighing how much BP Plc should be punished for the 2010 Gulf of Mexico oil spill on Thursday refused to overturn his own finding that the oil company's conduct was "grossly negligent." The decision by U.S. District Judge Carl Barbier in New Orleans means BP could still


Convicted Crew of Korean Ferry File Appeals

Photo: South Korea Coast Guard

Eight of the 15 surviving crew members of a South Korean ferry that capsized in April have filed for appeal against their convictions on negligence charges in the country's worst maritime disaster in more than four decades. The eight crew members


South Korean Ferry Captain Sentenced to 36 Years

Photo: South Korean Coast Guard

The captain of a South Korean ferry that capsized in April killing 304 passengers was jailed for 36 years on November 11, 2014, after a court found him guilty of negligence, but was acquitted of homicide for which prosecutors had sought the death penalty.  


S. Korea Prosecutor to Appeal Ferry Crew Verdicts

Photo: South Korea Coast Guard

A South Korean prosecutor said on Tuesday his team would appeal against court rulings on the 15 crew of a capsized ferry who were given prison terms ranging from five to 36 years. The captain of the ferry, which sank killing about 300 people, mostly children


S.Korea Ferry Captain Gets 36 years

The captain of a South Korean ferry that capsized in April killing 304 passengers was jailed for 36 years on Tuesday after a court found him guilty of negligence, but was acquitted of homicide for which prosecutors had sought the death penalty.


Total CEO Plane Crash: Russian Prosecutors Detain More Suspects

Russian prosecutors detained four Moscow airport workers and denied bail to the driver of a snow plough which hit a private jet killing the CEO of French oil company Total earlier this week, officials said on Thursday.   Russia's investigative committee has moved quickly to detain those it


Court Dismisses Boating Industry’s Challenge to EPA Misfueling Rule

The National Marine Manufacturers Association (NMMA) said it is disappointed with the U.S. Court of Appeals decision released on Tuesday, October 21, 2014 for the D.C. Circuit to dismiss the recreational boating industry’s challenge of the Environmental Protection Agency’s (EPA) rule


APM Terminals wins Battle for Moin Container Terminal

  The Supreme Court has ruled in favor of the Costa Rican Government and APM Terminals in an appeal filed by the port workers union against the 33-year concession contract for the new Moin Container Terminal (TCM) in Limon on the Caribbean coast of Costa Rica.


NITC: Says EU Sanctions Lifted

Dubai 11 NITC3.JPG

European Union sanctions on Iran's main oil tanker firm NITC have been annulled after the EU failed to appeal against a court ruling that ordered the measures to be lifted, the shipping company said on Tuesday. An EU official told Reuters the European Union was working to resolve the issue


EU Sanctions on Iran Oil tanker Group Annulled

European Union sanctions on Iran's main oil tanker firm NITC have been annulled after the EU did not appeal against a court ruling that the measures should be lifted, the shipping group's lawyer said on Tuesday. An EU official told Reuters the European Union was working to resolve the issue






 
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