The U.S. Court of Appeals for the Ninth Circuit has upheld the right of citizens to bring suit for civil penalties under the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA). In the instant case, plaintiff environmental advocacy group brought suit against the owner of an oil refinery for alleged discharges of petroleum coke into U.S waters, after notifying the owner of the alleged violations. The defendant contended that the notification letter was deficient because the letter failed to identify the specific dates of the alleged violations and because it had sold the refinery to a third party between the time it received the notification letter and the time suit was brought. The court held that the notification need only provide enough information that the defendant can identify and correct the problem. The court also held that a defendant can not escape liability for past violations by selling the polluting facility. Source: HK Law
In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same nucleus of operative facts. In the instant case, plaintiff was injured when thrown from a boat. He sued the manufacturer of the outboard motor, the manufacturer of the boat, the retailer of the boat and motor, the boat owner/operator, and the insurance company of the owner/operator
Celebrity Cruises announced that a federal court jury in New York has awarded Celebrity $193m in a lawsuit against Essef Corp. Celebrity has remaining claims for interest and certain legal fees. Celebrity filed suit against Essef Corp. for damages stemming from a 1994 outbreak of Legionnaires' disease on Celebrity's vessel Horizon. Celebrity claimed for out-of-pocket losses, lost profits, and loss of business enterprise value related to this incident.
The U.S. Court of Appeals for the Fifth Circuit ruled that inclusion in a bill of lading of a clause providing for U.S. jurisdiction does not require application of the U.S. Carriage of Goods by Sea Act (COGSA) where the goods were shipped from Spain to China and the General Paramount Clause provided for application of the Hague-Visby Rules. In the instant case, the goods were damaged en route and the shipper brought suit against the vessel and the carrier
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
Dow Chemical Company and its subsidiary Union Carbide Corporation have filed lawsuits in the US against Odfjell and three other major parcel chemical tanker carriers, Stolt-Nielsen, Tokyo Marine and JO Tankers in relation to violations of antitrust laws in the US, and claimed damages as a consequence thereof. The lawsuits have not yet been served on Odfjell. On September 29, Odfjell ASA's wholly owned subsidiary Odfjell Seachem AS entered into a voluntary plea agreement with the US
A federal court in Miami has ruled that golfer Tiger Woods’ lawsuit against Christensen Shipyards, Ltd. will proceed in the U.S. District Court for the Southern District of Florida and that an order enjoining Christensen from the unauthorized use of Woods’ name or photographs of his boat will remain in place. Woods filed his rights-of-publicity suit against Christensen last October in the U.S. District Court for the Southern District of Florida
Alaska filed a civil suit on Aug. 13 against Royal Caribbean Cruises, accusing the company of dumping oil and other hazardous wastes into state waters after the firm pleaded guilty to federal criminal pollution charges. Royal Caribbean pleaded guilty last month and was fined $18 million for 21 felony counts of violating federal water pollution laws in areas ranging from the Caribbean to Alaska’s Inside Passage. Attorney General Bruce Botelho said the state filed a civil case in Superior
An oil tanker that ran aground in a remote southern Chilean fjord in late May spilled 92,600 gallons (350,528 liters) of crude, leaving an oil slick 70 miles (112 km) long and damaging wildlife and a salmon farm, the Chilean Navy said on Wednesday. Maritime authorities initially dismissed the incident, which occurred on May 25, saying the leak had been negligible and had caused no damage to the environment. But the Navy on Wednesday admitted the spill was worse than first announced.
In a rehearing, the U.S. Court of Appeals for the Ninth Circuit ruled that the forum selection clause in a carrier’s bill of lading is accepted by the non-signing cargo owner when the owner brings suit against the carrier for breach of the bill of lading. In the instant case, plaintiff cargo owner contracted with a NVOCC to have its cargo shipped from Korea to Los Angeles. The NVOCC’s bill of lading included a forum selection clause providing for suit in the United States
• Essar Ports Q2 FY’16 net profit jumps 9% Y-o-Y to Rs.104.5 cr • Essar Ports Q2FY’16 revenue up 8% Y-o-Y to Rs.470.3 cr • Essar Ports Q2FY’16 EBITDA up 5% Y-o-Y to Rs.379.5 cr
France to deploy aircraft carrier to help operations against Islamic State. France's Charles de Gaulle aircraft carrier will be deployed to support operations against Islamic State in Syria and Iraq, France's presidency said in a statement on Thursday.
Emergency personnel are responding to a 28-foot lobster boat ablaze near Ipswich, Mass., Friday, the U.S. Coast Guard reported. The lobster boat’s operator hailed Coast Guard watchstanders at about 9:30 a.m. stating his boat Dawn Breaker was on fire and he was abandoning ship after
The government has announced that it has joined a lawsuit alleging that Inchcape Shipping Services Holdings Limited and certain of its subsidiaries (collectively, Inchcape) violated the False Claims Act by knowingly overbilling the U.S
Trelleborg’s offshore and marine systems operations will, for the first time, showcase a number of its latest product developments at the Atlantic Canada Petroleum Show (ACPS), Newfoundland, later this month. These include thermal insulation, over bend and fire deluge systems
The U.S. Court of Appeals for the Federal Circuit recently affirmed the 2014 judgment that ION Geophysical Corp. infringed four seminal WesternGeco LLP patents covering streamer steering technology for marine seismic surveys, and that WesternGeco is the rightful owner of the pioneering
Patent trolls—those who seek to enforce patent rights, but do not actually manufacture or supply services based on the patents—are a problem in all industries, including the shipping industry. And as the pace of innovation in shipping continues to accelerate in areas such as
If you are operating in Class C, C Restricted, D or E waters, and are required to meet the National Standard for Commercial Vessels (NSCV) Part C7A (Safety Equipment), you now have flexibility to determine the type and quantity of first aid supplies that are appropriate for your operation
A range of marine battery solutions has received approval for use on-board ships or marine related applications such as offshore platforms and renewable energy projects. Now available from Eco Marine Power (EMP), a developer of renewable energy solutions for ships
In March 1656, Andrew Kilvert brought suit against Jan Geraerdy in the Court of Burgemeesters of the colony of New Netherland, demanding the release of his vessel, which had been arrested to obtain payment for the sale price of Kilvert’s ship
Workboats are built for a diverse range of purposes, but they all share the need for trouble-free bushings and bearings. Answering this call, Vesconite offers a line of low-friction, long-lived polymers that it says thrive in a dirty, marine environment.
Safety equipment manufacturer VIKING Life-Saving Equipment said its Offshore Safety Agreements are providing relief for offshore operators seeking to ensure compliance for their safety equipment with minimal in-house administrative overheads in a new, cost-focused paradigm.
Kohler Power Systems, manufacturer of diesel and gasoline marine generators for a range of pleasure and commercial craft applications, is introducing new 175 kW (50 Hz) and 200 kW (60 Hz) models to its growing lineup of EPA Marine Tier 3-compliant diesel generators.
KEP Marine releases today the innovative network video recording system and new HD cameras. The plug-and-play KVNR-8001 network video recording system is simple to install with easy to use commands and remote operating capability. Offering high definition footage recorded at 30 frames
A custom built 75-foot multipurpose port security vessel built by Louisiana-based shipbuilder Metal Shark has been delivered for the Port of South Louisiana. Based on Metal Shark’s Endurance-class catamaran design, the welded aluminum vessel is designed to support fire rescue