Owners not Protected from Government Changing Rules

Thursday, August 19, 2004
The U.S. Court of Appeals for the Federal Circuit has reminded us that owners are not protected against adverse impacts when government changes the rules. In the instant case, a fishing vessel owner possessed a federal permit to catch fish in the U.S. Exclusive Economic Zone (EEZ). Congress then amended the law and the National Marine Fisheries Service was unable to renew the permit, making the fishing vessel unprofitable. The owner sued, alleging an unconstitutional taking of his right to the permit. The court held that, by reason of the government’s high degree of control over commercial dealings, the owner must be aware of the possibility that new regulations may adversely impact the value of the property. (HK Law)

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter June 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Beijing Slams South China Sea Court Proceedings

Permanent Court of Arbitration ruling set for July 12. An international court said it would deliver a hotly anticipated ruling in the Philippines' case against

SOLAS Container Mass Verification Rule Enter into force

A new regulation requiring the gross mass of a container to be verified before it is loaded onto a ship enters into force today (1 July 2016). It will assist in

Paris MoU Reports Decrease in 'Bans'

Paris MoU reports that 2015 shows a large decrease in the refusal of access (“bans”) within the region: 11 bans compared to 20 in 2014. The detention percentage has remained stable at 3.

Navy

Beijing Slams South China Sea Court Proceedings

Permanent Court of Arbitration ruling set for July 12. An international court said it would deliver a hotly anticipated ruling in the Philippines' case against

Russian Sub 'Stary Oskol' Enters Black Sea

Russia’s Stary Oskol submarine, the third boat in Project 636.3 series for the Black Sea Fleet, on a voyage to its permanent base has passed the Bosporus and Dardanelles straits,

Future LCS Charleston’s Keel Authenticated

A ceremony was hosted to celebrate the keel authentication of the U.S. Navy's future USS Charleston (LCS 18), the ninth Independence variant littoral combat ship, June 28.

 
 
Maritime Security Navigation Pipelines Pod Propulsion Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0584 sec (17 req/sec)