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Federal Court News

28 Mar 2024

Lawsuits Over Baltimore Bridge Collapse Likely

(Credit: USACE)

The owner, operator and charterer of the container ship that struck Baltimore’s Francis Scott Key Bridge on Tuesday are likely to face lawsuits over its collapse and the people killed or injured, but legal experts say U.S. maritime law could limit the companies’ liability.U.S. laws pertaining to open-water navigation and shipping, which are created through court decisions and by acts of Congress, could restrict the kinds of lawsuits filed against the registered owner of the Singapore-flagged ship…

27 Mar 2024

Recruiter to Cooperate in Deal with Workers Suing Major US Shipbuilders

© Joseph Creamer / Adobe Stock

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

© Juozas55 / Adobe Stock

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…

16 Nov 2023

Court Battle Between Santos and Traditional Owners Continues

Source: Santos

Santos has issued a statement after the decision of the Federal Court of Australia on November 15 ruling that pipelay activities can commence on an 86-kilometer section of pipeline for the Barossa Gas Export Pipeline (GEP) – but not south of kilometre point 86 (KP86).This southern section would pass to the west of the Tiwi Islands.The Court has set December 4, 2023 as the date of commencement of the hearing of application brought by Jikilaruwu traditional owner Simon Munkara and…

25 Oct 2023

Australian Court Finds Carnival Misled About Cruise's COVID Risks in Landmark Luling

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Carnival Corp's Australian unit has been ordered to pay the medical expenses of a woman who contracted COVID-19, with a judge ruling that the cruise ship operator misled passengers about safety risks in a landmark class action ruling.The decision from Australia's Federal Court is the first class action win against a cruise ship operator in the world, according to Shine Lawyers, who represent about 1,000 Australian plaintiffs in the suit.Justice Angus Stewart found Carnival Australia…

25 Aug 2023

Oil Companies Sue Over Lease Changes Made to Protect Whales

© Mike Mareen / Adobe Stock

An oil and gas industry trade group, the state of Louisiana and Chevron on Thursday sued the Biden administration over its decision to withdraw acreage from an upcoming oil and gas lease sale in the Gulf of Mexico to protect an endangered whale.The suit is the latest dispute between the oil and gas industry and the administration of President Joe Biden over leasing federal lands and waters for energy development.Biden paused federal drilling auctions shortly after taking office in 2021 as part of his climate change agenda…

17 Aug 2023

Fish Factory Vessel Leaking Ammonia in Tacoma

(Photo: U.S. Coast Guard)

A 77-year-old fish factory vessel with a checkered history is reportedly leaking ammonia in Tacoma, Wash.The U.S. Coast Guard said on Wednesday it is responding to the incident on board the U.S.-registered Pacific Producer, a 169-foot-long seafood processing vessel with a long string of health, safety and labor violations.Coast Guard and Washington Department of Ecology crews in HAZMAT suits are currently working to locate leak. The vessel poses no immediate threat to the public…

18 Apr 2023

Abandoned Seafarers Repatriated After Five Months on Livestock Carrier

The Yangtze Harmony's crew at Singapore Changi Airport. Source: ITF

Thirteen Filipino seafarers, the last of 43 abandoned on two livestock carriers, have made it home after more than five months onboard the Yangtze Harmony.The International Transport Workers’ Federation (ITF) intervened after the ship’s owners abandoned the vessel and its crew in October 2022. At that time, the Singapore Sheriff court seized the Yangtze Harmony on behalf of Glander International Bunkering over an unpaid fuel bill. That began a legal process to sell the ship and pay off its debts…

11 Jan 2023

Jones Act Uncertainties Persist in US Offshore Wind

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The Jones Act is a single sentence long, and yet somehow that reservation of U.S. domestic maritime commerce to qualified U.S.-flag vessels has spawned numerous complications with respect to offshore wind energy projects. Although not supported by prior experience, maybe 2023 will bring some clarity.U.S. Customs and Border Protection (CBP) is the primary source of guidance for how the Jones Act applies. CBP issued its first two offshore wind rulings in May 2010 and February 2011 in the heady early days of U.S. offshore wind.

13 Nov 2022

Responder Immunity

Copyright Björn Wylezich/AdobeStock

The Federal Water Pollution Control Act (FWPCA – also known as the Clean Water Act), as amended by the Oil Pollution Act of 1990 (OPA 90), contains a responder immunity provision. That provision states, in pertinent part:(A)A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President relating…

07 Oct 2022

Austal USA Cleared to Begin OPC Stage 2 After Eastern Withdraws Protest

(Image: Austal USA)

Mobile, Ala. shipbuilder Austal USA has been cleared to begin the second stage of the U.S. Coast Guard's (USCG) Heritage-class offshore patrol cutter (OPC) build program following the withdrawal of an award protest filed by an unsuccessful bidder, the USCG said on Thursday.In June, Austal USA was awarded a $208.26 million contract for detail design and long lead-time material for one OPC, with options for production of up to 10 additional vessels. The deal could be worth up to $3.33 billion if all options are exercised.

12 Sep 2022

US Navy Withholding Court Records in High-profile Ship Fire Case

Responders battle a fire on board the amphibious assault ship USS Bonhomme Richard (LHD 6) at Naval Base San Diego in July 2020. (Photo: Garrett LaBarge / US. Navy)

The U.S. Navy accused a sailor of setting the 2020 fire on the USS Bonhomme Richard, but it refuses to release records in the case as the law requires.Despite a 2016 law requiring more transparency of court-martials, the U.S. Navy is refusing to release nearly all court documents in a high-profile case in which a sailor faces life in prison.Seaman Recruit Ryan Mays, 21, has been charged with aggravated arson and hazarding a vessel in the 2020 fire that destroyed the USS Bonhomme Richard.

29 Aug 2022

How to Stop Injured Vessel Crew from Calling My Law Firm

© Rick Lohre / Adobe Stock

For 20 years, I represented operators of OSVs, jack-ups, semi-submersibles, oil and gas production platforms, harbor tugs, towboats and barges in state and federal court personal injury litigation arising in the Gulf of Mexico, across the Great Lakes and on the inland waterways. For the last decade or so, I have been representing injured crew. In the case of a death or serious injury, sometimes there is little a vessel operator can do to prevent being sued. In my experience, though, many expensive lawsuits could have been avoided had the marine employer handled the situation differently.1.

31 Oct 2022

Maritime Antitrust Immunity in Crosshairs

© Brad Nixon / Adobe Stock

While those in the Beltway continue to struggle to offer solutions to U.S. supply chain capacity issues, it seems apparent that policymakers have at least found their scapegoat for these issues in the form of the maritime industry. A specific talking point during the State of Union Address, a White House-endorsed agreement between the Federal Maritime Commission (FMC) and Department of Justice (DOJ), multiple pieces of legislation, and a vigorous hearing before the Senate Committee on Commerce…

24 Jan 2022

Planes, Trains and Ships: Criminal Antitrust Enforcement Speeding Up for Transportation Sector

© enanuchit / Adobe Stock

The Biden administration recently issued a sweeping Executive Order [1] aimed at protecting and enhancing competition, and the transportation sector—including air, ocean, and rail—is among the industries specifically identified and likely to see heightened antitrust scrutiny under the new directives. This executive action was soon followed by the long-awaited announcement of Biden’s pick to lead the U.S. Department of Justice’s Antitrust Division (Division), Jonathan Kanter, who…

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.

17 Dec 2021

US Fishing Industry Teams Up with Oil Lobby to Fight Offshore Wind

© Fokke / Adobe Stock

Members of the U.S. commercial fishing industry are teaming up with an oil industry-backed lobbying group to fight offshore wind energy development on the East Coast, according to documents reviewed by Reuters and interviews with people involved.The unusual alliance reflects the breadth of opposition President Joe Biden faces as his administration pushes to expand offshore wind power and other clean energy sources dramatically to combat climate change.The fishing industry believes offshore wind farms will interfere with vessel navigation and hurt crucial stocks like squid and scallops…

29 Nov 2021

U.S. Oil Drilling Review Proposes Higher Fees, Development Curbs

Credit: otmman/AdobeStock

The Biden administration proposed a slew of changes on Friday to the nation's federal oil and gas leasing program, including hiking fees on drilling companies and limiting their access to sensitive wildlife and cultural zones.The recommendations followed a months-long review aimed at ensuring drilling on federal lands and waters benefits the public. But in a sign of the extreme controversy surrounding the issue, environmental groups slammed the proposals as too weak and the industry…

01 Oct 2021

5th Circ. Won't Reconsider Ruling on FLSA Exemption for Seamen

© Pongpob / Adobe Stock

A U.S. appeals court on Thursday said workers who use cranes attached to boats to load equipment onto offshore oil rigs are not "seamen" exempt from overtime pay under federal wage law, reviving a collective action against liftboat operator All Coast LLC.The full 5th U.S. Circuit Court of Appeals voted 15-2 to deny en banc review to All Coast and reinstated a three-judge panel's unanimous February ruling that said the workers were engaged in industrial activities that had no bearing…

26 Nov 2021

U.S. Interior Department Set to Release Federal Oil Leasing Review

© Troy V Smith / Adobe Stock

The U.S. Interior Department will release a long-awaited report reviewing the environmental costs and economic benefits of the nation's federal oil and gas leasing program as early as Friday, two sources familiar with the matter told Reuters.President Joe Biden's administration launched the review earlier this year in what had been widely seen as a first step in delivering on a campaign promise to end new federal fossil fuel drilling to fight climate change.The report, however…

20 Jul 2021

Three Charged with Manslaughter over Deadly 2018 Missouri 'Duck Boat' Incident

The Coast Guard oversees the removal of Stretch Duck 7 from Table Rock Lake in Branson, Missouri, July 23, 2018. Missouri State Highway Patrol divers rigged the vessel, then a barge crane lifted it to the surface before it was towed to shore and loaded onto a flatbed trailer for transport to a secure facility. U.S. Coast Guard photo by Petty Officer 3rd Class Lora Ratliff

Missouri prosecutors filed state charges on Friday against three employees involved in a 2018 boat accident on a lake in the tourist town of Branson in which 17 people were killed.Kenneth McKee, the boat's captain, and managers Curtis Lanham and Charles Baltzell each face 17 counts of first-degree involuntary manslaughter for taking the World War Two-style duck boat out in stormy weather.Stone County Prosecuting Attorney Matt Selby and Missouri Attorney General Eric Schmitt announced the charges…

11 Oct 2021

US Navy Engineer, Wife Charged with Selling Submarine Secrets

(File photo: U.S. Navy)

A U.S. Navy nuclear engineer and his wife have been charged with selling secret information about nuclear submarines to an undercover FBI agent who posed as an operative for a foreign country, the Justice Department said on Sunday.Jonathan Toebbe and his wife, Diana, were arrested on Saturday in West Virginia and charged with violating the Atomic Energy Act, the Justice Department said in a statement. They are scheduled to appear in a West Virginia federal court on Tuesday.Toebbe…

02 Aug 2021

US Says It Seized Tanker Used to Evade North Korea Sanctions

The U.S. Justice Department (DoJ) on Friday announced the seizure of a 2,734-ton tanker it said was owned and operated by a Singaporean national and used to make shipments of petroleum products to North Korea in violation of international sanctions.A DoJ statement said the M/T Courageous was seized by Cambodian authorities in March 2020 in accordance with a U.S. warrant, having been used to transfer oil products to North Korean vessels and to make direct shipments to the North Korean port of Nampo."Criminal charges of conspiracy to evade economic sanctions on the DPRK and money laundering conspiracy are pending against the alleged owner and operator of the Courageous…