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Us District Court News

27 Mar 2024

Recruiter to Cooperate in Deal with Workers Suing Major US Shipbuilders

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A maritime industry recruiter has agreed to work with plaintiffs and share worker compensation data in a lawsuit accusing major U.S. shipbuilders of limiting employee mobility, marking the first settlement in the case.Attorneys for a proposed class of engineers and architects suing General Dynamics, Huntington Ingalls Industries and other companies disclosed the settlement with Faststream Recruitment on Tuesday in Alexandria, Virginia federal court.The October lawsuit said the shipbuilders violated U.S.

13 Feb 2024

Exxon, Enbridge Sued by Competitor

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Exxon and Canada-based crude pipeline operator Enbridge were sued in Illinois federal court on Tuesday over claims they barred a competitor from building a terminal to ship oil by barge from the Chicago area to refineries in the Midwest and Gulf of Mexico.The antitrust lawsuit from energy infrastructure developer Ducere seeks more than $11 million in damages for work the Illinois company said it already paid for on the project and for lost future profits.Exxon, Enbridge and their…

07 Dec 2023

Structural Safeguards in Coast Guard Suspension and Revocation Proceedings

Chief Judge Brudzinski has been an Administrative Law Judge with the U.S. Coast Guard since 2003 and its Chief Administrative Law Judge since 2013.  He has lectured extensively and has authored many articles on Coast Guard suspension and revocation proceedings for MarineLink publications, among others. The opinions expressed in this article are the author’s alone and do not necessarily reflect the official policy of the U.S. Coast Guard

This article examines 10 structural safeguards in Coast Guard Suspension and Revocation (S&R) Proceedings that ensure Coast Guard Administrative Law Judge (ALJ) decisional independence. These safeguards separate potential agency influences from the ALJ decision making process and are critical to mariner due process and fundamental fairness. We will start with an overview of Coast Guard S&R proceedings, followed by brief discussions of the Administrative Procedure Act, Administrative Law Judges, and U.S. Office of Personnel Management oversight.

07 Nov 2023

California Boat Captain Guilty of 'Seaman's manslaughter' in Fire Deaths of 34 People

The fire-stricken Conception shortly before it sank off Santa Cruz Island in September 2019. All 33 passengers and one of six crewmembers died of smoke inhalation after they were trapped in the berthing area while a fire raged on the deck above. (Photo: Ventura County Fire Department)

The captain of a dive boat that caught fire and sank off the California coast in 2019, killing 34 people on board in one of the state's deadliest maritime disasters, was found guilty on Monday of a federal charge of seaman's manslaughter.Jerry Boylan, 70, was convicted by a U.S. District Court jury in Los Angeles on a single charged count of "misconduct or neglect of a ship officer" under a federal homicide statute dating from steamboat accidents in the early 1800s.The felony conviction…

16 Oct 2023

Massachusetts Offshore Wind Farm Dodges Lawsuits over Environmental, Fishing Concerns

Credit: Avangrid

A U.S. judge has rejected challenges to federal environmental permits and construction approvals for a $4 billion offshore wind farm near Massachusetts, which commercial fishing groups have claimed will harm whales and impair their businesses.U.S. District Judge Indira Talwani in Boston last Thursday tossed the final two federal district court lawsuits directly challenging the Vineyard Wind project roughly 15 miles south of Martha’s Vineyard, which would be the first commercial…

08 Sep 2023

US Says it Disrupts Illicit Oil Shipment by Iran's IRGC

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The U.S. on Friday divulged it disrupted in April a multimillion-dollar shipment of crude oil by Iran's Islamic Revolutionary Guard Corps, seizing more than 980,000 barrels of contraband crude oil that violated U.S. sanctions.In April, Reuters reported that the U.S. confiscated cargo onboard tanker Suez Rajan, which was carrying Iranian oil at sea. The U.S. statement on Friday confirmed and fleshed out details of the story which cited sources.The "illicit sale and transport of Iranian oil" violated sanctions targeting Iran, the U.S.

20 Jan 2023

US Fines Greek Ship Owner for Environmental Crimes

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The U.S. has imposed a $2 million fine on the owner and operator of a bulk carrier that knowingly committed pollution crimes on the Mississippi River. Greek-based Empire Bulkers and related company Joanna Maritime were sentenced Thursday for committing "knowing and willful violations" of the Act to Prevent Pollution from Ships (APPS) and the Ports and Waterways Safety Act related to their role as the operator and owner of the bulk carrier Joanna.A March 2022 inspection of the…

01 Jan 2023

US Judge Orders Norwegian Cruise Line to Pay $110 Million for Use of Cuba Port

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Norwegian Cruise Line must pay $110 million in damages for use of a port that Cuba's government confiscated in 1960, a U.S. judge ruled on Friday, a milestone for Cuban-Americans seeking compensation for Cold-War era asset seizures.The decision by U.S. District Judge Beth Bloom in Miami follows her March ruling that the use of the Havana Cruise Port Terminal constituted trafficking in confiscated property owned by the plaintiff, Delaware-registered Havana Docks Corp."Judgment is entered in favor of Plaintiff Havana Docks Corporation and against Norwegian Cruise Line Holdings…

10 Nov 2022

Chris Hughey Named FMC General Counsel

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U.S. federal Maritime Commission Chairman Daniel B. Maffei announced Phillip C. “Chris” Hughey has been hired as the General Counsel of the Federal Maritime Commission and appointed to be a member of the Senior Executive Service.In his capacity as General Counsel to the Commission, Hughey will provide legal advice and recommendations to the Chairman and Commissioners on regulatory and policy matters. He will serve as a member of the agency’s senior management team and will also…

04 Oct 2022

Rival of Container Shipper Matson Can Proceed with Antitrust Lawsuit

Two Matson Inc subsidiaries must face claims from rival container shipping company American President Lines LLC that Matson is abusing its market power over service from the United States to Guam, a federal judge ruled in an antitrust lawsuit.The ruling Friday by U.S. District Judge Christopher Cooper in Washington, D.C., declined to dismiss claims against Matson Navigation Company Inc and Matson Logistics Inc brought by American President Lines last year seeking unspecified monetary damages for alleged violations of U.S. competition law.The court dismissed parent company Matson Inc as a defendant.Honolulu-based Matson, a leading U.S. carrier in the Pacific, in 2021 recorded revenue of more than $3.9 billion.

05 Sep 2022

Judge Throws out Indictment of Captain in 2019 Fatal Dive Boat Fire

(Photo: Department of Homeland Security)

A federal judge in Los Angeles on Friday dismissed the criminal indictment against a dive boat captain charged with manslaughter in the deaths of 34 people when the vessel caught fire and sank off the California coast three years ago.The 75-foot (23-meter) Conception caught fire while most of those onboard were sleeping, killing 33 passengers and a crew member. It is considered one of California’s worst maritime disasters.U.S. District Judge George Wu said in a ruling that the indictment…

28 Aug 2022

Texas Firm to Pay $13 Million to Settle Charges Over California Oil Spill

A Texas oil company agreed to plead guilty to criminal negligence charges and pay nearly $13 million for a crude oil spill that killed wildlife and fouled southern California beaches, federal prosecutors said on Friday.Amplify Energy Corp repeatedly turned off and on a 17-mile-long subsea pipeline when it could not determine the location of the leak, according to plea agreements filed in U.S. District Court, Central District of California.The Houston-based company and two subsidiaries each agreed to plead guilty to one count of negligently discharging oil during the October 2021, incident. The pipeline was struck by a ship's anchor.The three firms "are required to make significant improvements that will help prevent future oil spills,” Acting United States Attorney Stephanie S.

16 Jun 2022

Tanker Owner Owes $44.6 Million Over Fatal US Warship Collision

Significant visible damage to the hull of Guided-missile destroyer USS John S. McCain (DDG 56) following a collision with the tanker Alnic MC while in the Straits of Malacca and Singapore on August 21, 2017. (Photo: Joshua Fulton / U.S. Navy)

A U.S. judge on Wednesday said the owner of an oil tanker must pay the United States $44.6 million over its role in a 2017 collision between the tanker with a U.S. Navy destroyer in southeast Asia that killed 10 sailors and injured dozens more.U.S. District Judge Paul Crotty in Manhattan found Energetic Tank Inc 20% responsible and the United States 80% responsible for the Aug. 21, 2017, collision between the 39,000 metric ton Alnic MCtanker and the USS John S. McCain.Both vessels had been cruising alongside each other when the McCain…

04 Apr 2022

Russian Oligarch Vekselberg's Superyacht Seized in Spain

Spanish police on Monday impounded a superyacht belonging to Russian oligarch Viktor Vekselberg on behalf of U.S. authorities, the first time the United States has seized property belonging to a Russian oligarch since its invasion of Ukraine in February.Valued at more than 90 million euros ($99 million), the 78-metre-long "Tango" (255 ft) was seized in a shipyard on the Mediterranean island of Mallorca, the Guardia Civil police and the U.S. Justice Department said in parallel…

12 Jan 2022

Princess Cruises Pleads Guilty to Violating 'Magic Pipe' Probation

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Carnival Corp.'s Princess Cruises has again pleaded guilty to violating its probation imposed as a result of its record $40 million criminal conviction for its "magic pipe" environmental crimes.The U.S. Department of Justice (DOJ) said on Tuesday that Princess failed to establish and maintain an independent internal investigative office as required after pleading guilty to felony dumping and attempted cover-up charges in April 2017. An engineer aboard the Caribbean Princess revealed…

23 Dec 2021

Taylor Energy, U.S. Feds Reach $475M Settlement in Longest-running Offshore Oil Spill

Credit: Studio Barcelona/AdobeStock

Oil company Taylor Energy Co LLC agreed to transfer a $432 million cleanup trust account to the U.S. government and pay an additional $43 million to resolve a lawsuit over its role in the longest-running oil spill in U.S. history under a proposed deal filed in New Orleans federal court on Wednesday.The New Orleans company and federal officials filed a proposed consent decree to resolve claims arising from a 2004 incident when Hurricane Ivan caused one of Taylor's offshore drilling platforms to collapse in the Gulf of Mexico.

04 Nov 2021

Suspect Charged After Explosives Found on Ohio River Towboats

Nathaniel Blayn Becker (Photo: South Central Regional Jail)

An Ohio man has been arrested on federal charges after suspected explosive devices were found on Ohio River towboats, authorities said.Nathaniel Blayn Becker, of Marietta, Ohio, was charged on October 28 in a federal criminal complaint with possession of one or more unregistered destructive devices.Forty-two-year-old Becker is accused of purchasing pipes and other components that formed suspected destructive devices recovered by law enforcement officers from two different tugboats on the Ohio River on October 21 and October 25, 2021.

30 Sep 2021

Complying with Court Order, U.S. to Hold Gulf of Mexico Oil and Gas Lease Sale in November

Credit: A drilling rig in the Gulf of Mexico - Credit:flyingrussian/AdobeStock

The U.S. Bureau of Ocean Energy Management (BOEM) will hold an oil and gas lease sale for the Gulf of Mexico on November 17, complying with a U.S. District Court order.To remind, the Biden administration had paused all oil and gas leasing activities on federal lands and waters in January, citing climate crisis. A federal judge in Louisiana in June then ordered the resumption of oil and gas leasing on public lands and waters.Announcing the upcoming Gulf of Mexico lease sale on Thursday…

16 Jun 2021

U.S. Judge Orders Resumption in Federal Drilling Auctions

Credit: A drilling rig in the Gulf of Mexico - Credit:flyingrussian/AdobeStock

A federal judge in Louisiana on Tuesday blocked the Biden administration's pause on oil and gas leasing on public lands and waters, dealing a setback to a key White House effort to address climate change.The order granted a preliminary injunction to Louisiana and 12 other states that sued Democratic President Joe Biden and the Interior Department over the freeze on new drilling auctions. Louisiana is a major hub for offshore oil and gas production.Biden paused the government's leasing auctions in January pending a review that is expected to be completed in the coming weeks.

10 Feb 2021

US Sells Illicit Iranian Fuel, Another Seized Cargo on the Way

The United States has sold more than a million barrels of Iranian fuel seized under its sanctions program last year, a Department of Justice official said, as another ship with intercepted Iranian crude oil sails to a U.S. port.The seizures are part of Washington's tough economic sanctions on Tehran imposed over its nuclear program and the U.S. designation of a number of Iranian groups as terrorists, continuing decades of rancor between the two nations. Iran rejects U.S. accusations of wrongdoing.In a new approach last year, the administration of former U.S. President Donald Trump used civil forfeiture procedures to seize some 1.2 million barrels of gasoline it said were being sent from Iran to Venezuela aboard four tankers.The shipments…

03 Dec 2020

Shipowner Fined $12 Mln for US Pollution Violations

Pacific Carriers Limited (PCL), a Singapore-based company that owns subsidiaries engaged in international shipping, was sentenced today in federal court before U.S. District Court Judge Louise Flanagan in New Bern, N.C., after pleading guilty to violations of the Act to Prevent Pollution from Ships, obstruction of justice, and for a failure to notify the U.S. Coast Guard of a hazardous condition on the cargo vessel Pac Antares.PCL pleaded guilty to a total of eight felony offenses across three judicial districts – the Eastern District of North Carolina, the Southern District of Texas, and the Eastern District of Louisiana. PCL was sentenced to pay a fine of $12 million…

09 Sep 2020

Tanker Carrying Gasoline Seized by US Arrives off Texas

A tanker containing a cargo of Iranian gasoline confiscated by the United States arrived on Wednesday at a Texas port where it was preparing to discharge, according to a pilots group spokesperson.The Euroforce arrived off of Freeport, Texas, on Wednesday and had retained Texas Marine Agency, a Houston-based cargo agent, in preparation to offload its fuel, the spokesperson for Brazos Pilots Association said. Texas Marine referred inquiries to the U.S. Department of Justice.The United States government last month said it seized fuel from Iran-linked tankers that was bound for Venezuela, part of Washington's efforts to disrupt trade between Venezuela and Iran.The fuel was transferred to the Euroforce and Maersk Progress, two large tankers, according to data and sources.

22 Mar 2021

Iraqi Man Charged for Smuggling Guns through Port of Savannah

A photo introduced as evidence in the detention hearing for Nihad Al Jaberi includes nine firearms from a shipment interdicted in the Port of Savannah and reassembled, along with other firearms removed during a search of the defendant’s residence. (Photo: U.S. Department of Justice)

An Iraqi national has appeared in U.S. District Court in Savannah after his indictment on charges related to the attempted smuggling of firearms to Iraq.Nihad Al Jaberi, a Clarkston, Ga., resident, is charged with smuggling, failure to notify a common carrier and submitting false or misleading export information. The smuggling charge carries upon conviction a penalty of up to 10 years in prison and substantial financial penalties. There is no parole in the federal system.Al Jaberi, an Iraqi citizen and legal permanent resident of the United States, was arraigned last week.