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
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
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
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.
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
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
The Federal Court of Appeals (FCA) of Canada ruled that the government is not liable for the extended detention of a ship based on an allegedly negligent port state control (PSC) inspection. In the instant case, a Canadian PSC boarding officer determined after a somewhat cursory inspection that certain frames on the foreign ship were excessively wasted and must be replaced before the ship could depart port. The trial court determined that the detention was not in accordance with
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
The U.S. Court of Appeals for the Fifth Circuit ruled that a Jones Act seaman or his survivors cannot recover nonpecuniary damages from a non-employer third party. In the instant case, a seaman contracted (and eventually died from) silicosis while working as a sandblaster maintaining protective coatings on offshore oil platforms. Plaintiff seaman worked on vessels owned by defendant shipowner and wore allegedly defective hoods manufactured by defendant shoreside companies
The US Court of Appeals for the Fifth Circuit ruled that a state-law tort claim by a shipyard worker against a vessel owner is not necessarily preempted by the Longshore and Harbor Workers’ Compensation Act (LHWCA). In the instant case, was injured while fabricating a pontoon extension for defendant’s vessel, which was moored 200 feet away from plaintiff’s worksite. After receiving LHWCA benefits from his employer
A U.S. federal judge on Wednesday denied BP Plc's request to halt payments from the $2.3 billion fund it created to compensate commercial fishermen for financial losses after the British company's 2010 offshore oil spill, according to court records.
By Jonathan Stempel, Reuters A divided U.S. appeals court has rejected BP Plc's bid to block businesses from recovering money over the 2010 Gulf of Mexico oil spill, even if they could not trace their economic losses to the disaster. By a 2-1 vote, the 5th U.S
The analysis considers that the US Arctic Ocean presents almost a perfect storm of risks: a requirement for a long-term capital-intensive investment for uncertain return; a remote and uniquely challenging operating environment; ongoing court challenges; a lack of extraction and spill response
Oil firm Statoil did not respect International Financial Reporting Standards (IFRS) on three points when it reported its 2012 accounts, according to the Nordic country's financial watchdog, the firm said on Tuesday. Statoil, which says its financial reporting is in line with IFRS
According to Stena Oil, the West African republic of São Tomé e Príncipe is trying to sell cargo valued at USD 7,5 million which they wrongfully confiscated from Swedish company Stena Oil. This is the latest attempt by the government in São Tomé to profit on
A recent ruling by the U.S. Fifth Circuit Court of Appeals clears the way for seaman to recover punitive damages in unseaworthiness claims, according to Jones Act attorney Matthew Shaffer. In the facts of the case, McBride v. Estis Well Serv., L.L.C., No
The Murmansk Regional Court has rejected an appeal against the arrest of the ship 'Arctic Sunrise' by Russian authorities reports Greenpeace. "This is an extremely disappointing ruling. We believe this verdict is in violation of both the Russian Criminal Procedure Code and international law
The Dutch Foreign Ministry has finalised a bank guarantee of 3.6 million euros in compliance with a binding ruling by the International Tribunal for the Law of the Sea (ITLOS) ordering Russia to release the Greenpeace ship Arctic Sunrise and the Arctic 30 protesters.
Algoma Central Corporation says it has received payments totalling $41.7 million from two Chinese banks on refund guarantees related to the cancellation of three ocean tanker shipbuilding contracts which occurred in 2010. In 2007, Algoma, through its wholly owned subsidiary
Rotterdam based law firm AKD said a recent landmark decision of the European Court of Justice in Luxembourg definitively puts its weight behind forum shopping to limit liability under the CMR Convention in carrier-friendly countries. This is a boon to the Dutch jurisdiction and specifically comes
Algoma Central Corporation announced earlier this week that it has received payments totaling $41.7 million from two Chinese banks on refund guarantees related to the cancellation of three ocean tanker shipbuilding contracts which occurred in 2010.
Recent guidance handed down by the European Court of Justice which rules that off-spec fuel oil does not have to be handled as waste is a triumph of common sense which will be welcomed by all suppliers of fuel oils and bunkers. Shell Nederland and Shell Belgium were disputing a ruling by
A three-judge panel of the U.S. Ninth Circuit Court of Appeals has issued a ruling against the Department of Interior and oil companies including Shell in favor of environmental and Alaska Native groups and concluded the federal government failed to properly evaluate the scale of oil production
By Lawrence Hurley, Reuters The U.S. Supreme Court appeared closely divided on Monday as it weighed whether the administration of President Barack Obama exceeded its authority when crafting the nation's first greenhouse gas emissions regulations.
Reuters - Costa Rica will ask the International Court of Justice to settle a decade-old maritime border dispute with Nicaragua related to potential oil concessions, President Laura Chinchilla said on Monday. Costa Rica plans to file a complaint with the court at The Hague on Tuesday in which it