Jonathan K Waldron News

On January 22, 2015, the Environmental Protection Agency (EPA) published a Proposed Rule on dispersants. The Proposed Rule drastically changes the EPA’s approach to dispersants and could imperil proven and effective means of responding to marine oil disasters. The Proposed Rule seems to be written from the perspective that dispersants are dangerous and should not be used and seeks to establish new toxicity and other standards. This approach may have the practical effect of prohibiting the use of dispersants when needed.

Following its usual summer break over August 2014, Congress came back from its five-week summer recess and spent a whopping eight days or so back in session before recessing once again, approximately a week early, to hit the campaign trail for the November elections. This essentially means that including the summer recess, Congress will have been in session for a total of about eight days between the end of July and the middle of November 2014. No wonder why Congress has not been able to accomplish much this year, to date.

Following the hubbub created in 2009-2010 by U.S. Customs and Border Protection’s (CBP) proposed modification and revocation of certain Jones Act ruling letters pertaining to offshore operations, all was relatively quiet in 2011-2012 with respect to Jones Act offshore issues. Indeed, in the aftermath of the tragic Deepwater Horizon incident in 2010, which included the implementation of more prescriptive regulatory and environmental requirements and a deepwater drilling moratorium…

Are You Prepared for the New MARPOL Annex V Garbage Regulations? New regulations addressing garbage management go into effect on January 1, 2013 pursuant to action taken by the Marine Environment Protection Committee (MEPC) at its sixty-second session in July 2011 after a comprehensive review of MARPOL Annex V. The new regulations impose stricter garbage management procedures and documentation requirements for all vessels and fixed and floating platforms which will have major implications for industry, as discussed below.

The Bureau of Safety and Environmental Enforcement (“BSEE”) issued three significant documents addressing response, enforcement, and safety issues related to offshore operations in August 2012. Specifically, BSEE issued (1) new guidance concerning regional Oil Spill Response Plans (“OSRPs”), (2) formalized policy addressing direct enforcement actions against contractors engaged in offshore activities, and (3) a Final Rule implementing new safety measures related to well control operations occurring on the outer continental shelf (“OCS”). The following is a summary of these new developments.

It has been almost two years since the Deepwater Horizon incident occurred on April 20, 2010. As a result of this incident, although there have been many bills introduced in Congress to address issues raised by this incident, as well as numerous related hearings, Congress was unable to see the way clear to actually enact any pollution-related legislation, or for that matter any substantial maritime legislation in 2011. The following is a summary of the action taken by Congress last year and a perspective on such legislation for 2012.

By Blank Rome Maritime: Jeanne M. Grasso, Jonathan K. Waldron, Thomas Z. On November 15, 2010, U.S. Customs and Border Protection (CBP) withdrew an Advance Notice of Proposed Rulemaking (ANPRM) regarding the transportation of merchandise and equipment by foreign-flag vessels engaged in the support of Outer Continental Shelf (OCS) activities. The ANPRM was under review by the Office of Management and Budget (OMB) when it was withdrawn prior to publication in the Federal Register. As discussed in more detail below, this would appear to mean that most of CBP’s OCS-related rulings issued over the last 30 years remain valid as precedent, subject to CBP review on a caseby-case basis when it considers new requests for rulings by industry for future projects.

Blank Rome LLP has announced that Jonathan K. Waldron, Chair of the Maritime Group, participated in the New Operators Seminar at the Ferries 2003 Presentation Program on November 12–14, 2003 in Fort Lauderdale, Fla. Waldron specializes in maritime, international and environmental law. His practice involves all aspects of marine transportation regulatory and environmental compliance matters. He regularly counsels and represents clients in matters involving legislative and regulatory affairs related to vessel and facility operations, security, pollution, coastwise trade and criminal defense matters. Waldron is a member of the Maritime Law Association and frequently speaks and writes on matters related to his practice areas.

By Jonathan K. During a visit to Charleston, S.C. last month, President Bush touted his proposed 13 percent budget increase for homeland security with U.S. ports being a primary priority. The visit came just six months before these facilities must implement several domestic and international requirements intended to add additional layers of defense and protection from potential terrorist acts. These provisions are contained in the Maritime Transportation Security Act of 2002 (MTSA), the International Convention for the Safety of Life at Sea (SOLAS) and the International Ship and Port Facility Security Code (ISPS). Domestic implementation of these requirements can be found in the U.S. Coast Guard's recently published security regulations.

The maritime community has increasingly become the target of Department of Justice (DOJ) and state prosecution efforts to pursue criminal sanctions against corporations and senior management involved in maritime transportation incidents. Though many of the prosecutorial efforts involve egregious cases, some involve incidents that were previously treated as accidents. DOJ recently announced that federal enforcement actions involving environmental issues rose by almost 50 percent from 1996 to 1997. Criminal enforcement efforts often focus on highly visible companies for the maximum deterrent effect and greatest public impact. Because of aggressive federal and state efforts targeting environmental crimes…