Marine link

Court Decision

AWO Supports Federal Regulatory Authority

The American Waterways Operators (AWO) officially went on record in the U.S. Supreme Court in support of the preemptive authority of federal statutes and regulations governing vessel operations. AWO is supporting the position of Intertanko and the U.S. in a challenge to a decision by the Ninth Circuit Court on the extent to which the State of Washington can regulate the operation of tank vessels. In a "friend of the court" brief filed with the Supreme Court, AWO asserted the Circuit Court's decision is a threat to the uniformity of federal and international standards vital to interstate transportation and, unless reversed, federal safety rules and regulations could be rendered inconsequential. The AWO brief argues the Ninth Circuit Court fundamentally misinterpreted the U.S. Supreme Court's decision in Ray v. Atlantic Richfield Co., in which the limits of state regulatory authority over federally regulated vessels were carefully defined. The brief further states the Circuit Court decision ignores the preemptive nature of acts of Congress, such as OPA 90 and the Ports and Waterways Safety Act, which grants the USCG the authority to prescribe regulations that preempt state or local law. The brief cites the example of a decision taken by Rhode Island to unilaterally require a phase-out of single-hull tank vessels in state waters fully 14 years before the time prescribed by Congress in OPA 90

Aker Philly Shipyard Build Methodologies Confirmed in Court Decision

In a decision filed by the U.S. District Court of the Eastern District of Pennsylvania has upheld the United States Coast Guard interpretation of the Jones Act as it relates to the modern building methods employed by Aker Philadelphia Shipyard. The decision rejected a lawsuit filed by the Metal Trades Department of the AFL-CIO.  Aker Philadelphia Shipyard President and CEO, Jim Miller remarked “We wish to reiterate that Aker Philadelphia Shipyard is extremely proud to

NYC Considers Local Law on Passenger Vessels

The New York City Council is considering a proposed Local Law

Carriers Ponder Dutch Ruling in CMR Dispute

Netherlands law firm AKD Prinsen Van Wijmen says a recent decision of the Dutch Supreme Court indicates that, whilst Holland remains an extremely carrier-friendly jurisdiction for disputes under the Convention on the Contract for the International Carriage of Goods by Road (CMR), a much stricter approach is to be adopted to the Act of God exemption from liability for loss and damage under CMR. In its April 24 decision in Philips Electronics NV v Vos Logistics

Salazar Statement on Leasing Court Ruling

U.S. Department of the Interior Secretary Ken Salazar issued the following statement regarding the U.S. Court of Appeals for the District of Columbia Circuit ruling on DOI’s request for clarification of the Court’s earlier decision to vacate the 2007-2012 Outer Continental Shelf oil and natural gas leasing program:  “I am pleased with the Court’s decision.  Consistent with the Department’s request

Protests Shut Channel Tunnel Again

The Channel Tunnel closed again on Tuesday due to protesting MyFerryLink workers, its operator Eurotunnel and French traffic supervision body Bison Fute said. The entrance to the tunnel was blocked by angry workers who set fire to tyres thrown on the tracks, a Reuters witness said. Employees at MyFerryLink, the ferry service recently sold by Eurotunnel maintained their blockade of the northern French port of Calais for a second day on Tuesday after a court rejected their bid to extend a

Maine BEP Endorses Tank Barge Regulations

The Maine Board of Environmental Protection (BEP) approved proposed Chapter 600 vessel operating regulations by a vote of five to one, with one abstention. Chapter 600 regulations address the operation of both oil terminal facilities and vessels transporting oil on state waterways. The regulations will be forwarded to the Attorney General for review and compliance with the state's Administrative Procedures Act. If the Attorney General approves the regulations

INTERTANKO to Intervene in Ballast Water Decision

A U.S. Federal judge in the Northern California District has granted INTERTANKO's Motion to Intervene on the court's decision that the Environmental Protection Agency's (EPA) exemption of ballast water discharges from the permit requirements of the National Pollutant Discharge Elimination System (NPDES) was improper under the Clean Water Act. INTERTANKO filed this motion along with industry coalition partners the American Waterways Operators (AWO), the Chamber of Shipping of America (CSA)

Raising a Red Flag?

A Review of Recent Developments with the Americans with Disabilities Act's Requirements for U.S. and Foreign Flag Passenger-Vessels By James P. Nader & Rudolph F. Lehrer Douglas Spector and Tammy Stevens presumably do not know each other, but they have a lot in common. Approximately five years ago, both Spector and Stevens boarded cruise ships out of major ports in the southern United States. Both Spector and Stevens, who are wheel-chair bound

EMGS to Appeal Ruling On Patent Invalidity


  As previously announced, Electromagnetic Geoservices ASA (EMGS) has issued claims against Petroleum Geo-Services (PGS) in the High Court of Justice, Patent Court, in London, UK, and in Norwegian courts on the basis that PGS used its Towed Streamer EM in the territory of the United Kingdom, Ireland and Norway in violation of one of EMGS' patents. On 13 February 2015, EMGS received the decision of the Oslo City Court where EMGS' patent is found to be invalid

World Court Hears Boliva-Chile Dispute Over Sea Access

The International Court of Justice said on Thursday it will continue to hear a case brought by Bolivia against Chile seeking to force its neighbour to enter negotiations to grant Bolivia unfettered access to the Pacific Ocean. Chile had asked the court, also known as the World Court

China Warns US on 'Provocative Attacks'

U.S. Navy file photo of Chief of Naval Operations Adm. John Richardson.

China's naval commander told his U.S. counterpart that a minor incident could spark war in the South China Sea if the United States did not stop its "provocative acts" in the disputed waterway, the Chinese navy said on Friday. Admiral Wu Shengli made the comments to U.S

Philippines Takes South China Sea Claim to Hague

Could bolster claims by other countries against China; China boycotting proceedings, rejects court's authority. The Philippines asked global judges on Tuesday to recognise its right to exploit waters in the South China Sea, a case that could bolster territorial claims by other countries against

The Latest on Ballast Water Mismanagement

Dennis Bryant

On October 5, 2015, the United States Court of Appeals for the Second Circuit issued a 65-page decision holding that, for the most part, the 2013 Vessel General Permit (VGP) promulgated by the Environmental Protection Agency (EPA), was arbitrary, capricious and not in accordance with the law

UK Court Rejects Iran Tanker Firm's Attempt to Avert Sanctions

A legal attempt by Iran's main oil tanker firm NITC to stop the European Union from reimposing sanctions on it over its disputed nuclear program has failed in a London court, setting back Tehran's efforts to ease trade restrictions. Iran is engaged in nuclear talks with world powers as it tries

DOI Issues FSEIS for Chukchi Sea Lease Sale

The U.S. Department of the Interior (DOI) released a Final Supplemental Environmental Impact Statement (FSEIS) for Chukchi Sea Lease Sale 193, moving the DOI a step closer to resolving federal court concerns regarding the 2008 oil and gas leases offshore Alaska

Ghana-Ivory Coast Maritime Dispute Mar Tullow

Image: Tullow Oil plc

 A dispute over maritime boundaries between Ghana and Ivory Coast is damaging Tullow Oil, which risks postponement of its TEN project in the waters off Ghana's coastline.    The government of Côte d’Ivoire has applied for provisional measures

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.  

EU Re-imposes Sanctions on Iranian Bank, Shipping Firms

The European Union re-imposed sanctions on an Iranian bank and 32 Iranian shipping companies on Wednesday, using new legal grounds, after the measures were struck down by a European court. The EU's second highest court annulled an EU asset freeze on Bank Tejarat and 40 Iranian shipping

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

Israeli Port Workers Defy Court Order to Continue Strike

Striking Israeli dockworkers defied a court order on Thursday and shut down the country's two main seaports for a second day in protest at the creation of two new foreign-run ports. Spokesmen for the ports of Ashdod and Haifa said 2,400 workers had left their posts and union leaders had gone

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.  

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.  

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