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Supreme Court News

07 Feb 2024

UK Supreme Court Piracy Ruling Gives Guidance on War Risk Provisions in Charterparties

The tanker was released from pirate control in August 2011. (File photo: EUNAVFOR)

In a well-timed decision given the current situation in the Red Sea and Gulf of Aden, the UK Supreme Court recently handed down judgment in Herculito Maritime Ltd v Gunvor International BV [2024] UKSC 2, a decision that arose from seizure of a ship by Somali pirates.Key factsThe vessel MT Polar was chartered to carry a cargo of fuel oil from St Petersburg to Singapore. The most direct route would be via the Suez Canal and Gulf of Aden.The Gulf of Aden was within the “high risk area” for piracy when the charter was agreed.

03 Feb 2024

Americas Cup Innovation & a Carbon-Free Shipping Future

Image © AYRO  UNI PROD

The Golden Gate Yacht Club (GGYC) represented by BMW Oracle Racing and the Société Nautique de Genève (SNG), the Americas Cup defending champion, represented by Team Alinghi were entwined in a 2.5-year legal battle over multiple court cases, including hearings in the New York Supreme Court and the Appellate Division of the New York Supreme Court, prior to the 33rd edition of the race, due to take place in 2010.The parties disagreed about the location, format, and restrictions on boat design, all of which were changed by the courts prior to the race.

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.

27 Nov 2023

Environmentalists Ask Court to Block Development of Three North Sea Fields

© Igor Hotinsky / Adobe Stock

Environmental groups on Tuesday will ask a Norwegian court to block the development of three North Sea oil and gas fields, citing insufficient assessment of global climate impact from future petroleum use.The lawsuit filed by Greenpeace and its partner Nature and Youth concerns the Equinor-operated Breidablikk and Aker BP's Yggdrasil and Tyrving fields, which hold combined reserves of some 875 million barrels of oil equivalent.The two NGOs in 2020 lost a case against Arctic drilling at Norway's top court…

10 Oct 2023

Britain to Return Asylum Seekers to Barge Amid Legal Challenge

Bibby Stockholm (Photo: Ashley Smith - CC BY-SA 4.0)

Britain said on Tuesday it would return asylum seekers to a barge on its southern coast as opponents of the policy argued in court that such housing was unlawful.In an embarrassment for the Conservative government's immigration policy, legionella bacteria was detected in the water system of the Bibby Stockholm barge in August, just days after dozens of asylum seekers had been moved on.Following safety tests, the government has started sending letters to asylum seekers confirming they will be moved to the barge, an interior ministry spokesperson said.The government wants to cut the 8 million po

16 Aug 2023

To Fight Sexual Assault and Harassment, Vessel Owners and Operators Must Comply with Heightened Reporting Requirements

© NAN / Adobe Stock

In response to increased awareness of the prevalence of sexual assault and sexual harassment (SASH) in the maritime industry — and following a widely reported account by a U.S. Merchant Marine Academy cadet of sexual assault aboard a U.S.-flagged ship during her Sea Year training — Congress enacted into law the Safer Seas Act (SSA) in December 2022.Intended as a direct effort to prevent and punish SASH, the SSA, among other provisions:Requires the U.S. Coast Guard (USCG) to revoke the license…

09 Aug 2023

Last Fugitive Linked to Ferry Disaster Extradited to South Korea

File photo: South Korea Coast Guard

A South Korean businessman wanted for nine years by authorities was extradited from the United States last Friday to face charges linked to one of the country's worst maritime disasters in which over 300 people, mostly children, were killed.Yoo Hyuk-kee was taken into custody on arrival from New York, where he had been fighting extradition to South Korea, where he faces embezzlement charges related to the company that operated the doomed vessel. Last year, the U.S. Supreme Court rejected his bid to block the extradition.Yoo…

28 Apr 2023

US Confiscates Iran Oil Cargo on Tanker Amid Tehran Tensions

The U.S. confiscated Iranian oil on a tanker at sea in recent days in a sanctions enforcement operation, three sources said, and days later Iran seized another oil-laden tanker in retaliation, according to a maritime security firm.As oil markets remain jittery, the cargo seizure is the latest escalation between Washington and Tehran after years of sanctions pressure by the U.S. over Iran's nuclear program. Iran does not recognise the sanctions, and its oil exports have been rising.Tehran says its nuclear program is for civilian purposes while Washington suspects Iran wants to develop a nuclear bomb.Maritime security company Ambrey said the U.S. confiscation took place at least five days before Iran's action on Thursday.

27 Apr 2023

Senators Urge Biden to Enable Agency to Seize Tankers of Iran Oil

© Igor Groshev / Adobe Stock

As Iran's oil exports rise despite U.S. sanctions over its nuclear program, senators from both parties urged President Joe Biden to enable a federal government agency to seize Iranian oil and gas shipments.Senators Joni Ernst, a Republican, and Richard Blumenthal, a Democrat, said in a letter to Biden that the Department of Homeland Security's Homeland Security Investigations (HSI) office has not been able to seize an Iranian oil shipment for more than a year.HSI's enforcement has been curtailed by policy limitations within the Department of Treasury's Executive Office for Asset Forfeiture…

26 Apr 2023

Bumi Armada Sells Armada Claire FPSO

Malaysian FPSO leasing company Bumi Armada said Tuesday it had completed the sale of the Armada Claire floating production storage and offloading vessel. The FPSO was sold by Bumi Armada's subsidiary, Armada Balnaves."The Armada Claire sale was on an “as is where is” basis, at a sale price of US$20 million. The sale proceeds were received by [Armada Balnaves] on April 19, 2023," Bumi Armada said,Bumi Armada said it would recognize a gain on sale of the Armada Claire FPSO of approximately US$12 million in its second quarter financial results. Proceeds from the FPSO sale, net of transaction fees, will be used to reduce Bumi Armada Group’s corporate debt.

20 Mar 2023

In Case Affecting Oil, Norway Supreme Court Says EU Ships Cannot Fish Arctic Snow Crab

Credit: RachelKolokoffHopper/AdobeStock

OSLO, March 20 (Reuters) - Norway's Supreme Court ruled on Monday that EU ships cannot fish for snow crab off the Svalbard archipelago in the Arctic in a case also deciding who has the right to explore for oil and minerals in the region.At stake was whether EU vessels had the right to catch snow crab, whose meat is considered a delicacy by gourmets in Japan and South Korea, in the same way as Norwegian vessels did.But what is valid for the snow crab, a sedentary species living on the seabed…

23 Feb 2023

Supreme Court Sides With Offshore Worker in Overtime Case

© W.Scott McGill / Adobe Stock

An oil rig supervisor who earned more than $200,000 a year working for Houston-based Helix Energy Solutions Group Inc is entitled to overtime pay, the U.S. Supreme Court ruled on Wednesday in a decision with costly implications for the oil and gas industry.The court in a 6-3 decision authored by liberal Justice Elena Kagan decided that because the rig supervisor, Michael Hewitt, was paid a daily rate of $963 and not a salary, an overtime pay exemption in federal wage law for highly paid workers did not apply to him.The justices affirmed a 2021 ruling by the New Orleans-based 5th U.S.

23 Jan 2023

Norway's Supreme Court to Hear Arctic Snow Crab Case Affecting Oil

© GunnarE / Adobe Stock

Norway's Supreme Court will on Tuesday hear arguments on whether EU ships can fish for snow crab off the Arctic islands north of Norway, in a case that could decide who has the right to explore for oil and minerals in the region.At stake is whether EU vessels have the right to catch snow crab, whose meat is considered a delicacy by gourmets in Japan and South Korea, in the same way than Norwegian vessels do.A Latvian fisheries company applied to the non-EU country in 2019 for a fishing license to catch the species…

10 Jan 2023

Philippines' Supreme Court Voids 2005 South China Sea Oil & Gas Exploration Deal

©niroworld/AdobeStock

The Supreme Court in the Philippines on Tuesday declared the country's 2005 energy exploration agreement with Chinese and Vietnamese firms was illegal, ruling that the constitution does not allow foreign entities to exploit natural resources. The decision, on an agreement that expired in 2008, could complicate efforts by China to revive oil and gas exploration talks with the Philippines in areas of the South China Sea that are not in dispute. The court gave no explanation for why the ruling came 14 years after a petition was filed.

23 Dec 2022

Founded in 1806, SSH Continues Serving Retired Merchant Mariners

Stained glass at SSH’s former facility in Staten Island. Credit SSH.

The Sailors’ Snug Harbor (SSH) is a charity based out of New York that provides assistance to retired merchant mariners. In 2022, SSH helped more than 400 mariners in 33 states and Puerto Rico. SSH helps mariners live more comfortably by assisting them with their living expenses such as rent, mortgages, and utilities. SSH also helps them find other assistance and local services. In recent years, SSH has expanded its eligibility criteria to include inland mariners as well as deep sea mariners.SSH was incorporated in 1806 as the result of a bequest made by Captain Robert Richard Randall.

02 Dec 2022

Iran Oil Cargo Previously Seized by U.S. Unloads in Syria

An Iranian-flagged tanker on Friday delivered an oil shipment to Syria, which the United States had previously confiscated around Greece, ending months of uncertainty about the cargo, a ship tracker said.The seizure from the Lana, formerly the Pegas, prompted Iranian forces in May to seize two Greek tankers in the Middle East Gulf which were released on Nov. 16. Satellite tracking data showed the Lana had discharged the cargo of around 700,000 barrels in the Syrian port of Banias, said Claire Jungman, chief of staff with U.S. advocacy group United Against Nuclear Iran (UANI), which monitors Iran-related tanker traffic through ship and…

28 Nov 2022

Newport News Authenticates Keel for US Navy Sub Arkansas

(Photo: HII)

HII’s (NYSE: HII) Newport News Shipbuilding (NNS) division hosted a keel authentication ceremony for Virginia-class submarine Arkansas (SSN 800).The ship’s sponsors are the six women of the historic group known as the Little Rock Nine, the first African American students to attend all-white Central High School in Little Rock, Arkansas during desegregation. NNS honored all nine members, including the three men, during Saturday’s ceremony.The Little Rock Nine made history in 1957 with their response to the Supreme Court ruling in Brown v.

18 Nov 2022

Maersk Line Settles Sexual Assault Suit with Midshipman-X Hope Hicks

Hope Hicks is a former U.S. Merchant Maritime Academy cadet the revealed she was raped by her superior officer on board a Maersk cargo ship in 2019. (Photo courtesy Sanford Heisler Sharp)

Maersk Line, Limited (MLL), a U.S. subsidiary of Danish shipping giant A.P. Moller - Maersk, has resolved a sexual assault and harassment suit filed by former U.S. Merchant Maritime Academy (USMMA) cadet Hope Hicks.Hicks shook the international maritime community in 2021 under the moniker "Midshipman-X" when she publicly described how she was raped by her superior officer while serving as an engine cadet aboard the Maersk cargo ship Alliance Fairfax in 2019.In June, Hicks revealed…

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…

10 Nov 2022

Chris Hughey Named FMC General Counsel

© STOCKSTUDIO / Adobe Stock

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 Nov 2022

US Supreme Court Justice Won't Block Extradition Linked to Sewol Ferry Sinking

File photo: South Korea Coast Guard

U.S. Supreme Court Justice Sonia Sotomayor on Thursday rejected a bid by a businessman to block his extradition to South Korea to face embezzlement charges that stemmed from a 2014 ferry sinking that killed 304 people.Sotomayor rejected Yoo Hyuk-Kee’s request to prevent his extradition from going forward while he appeals lower-court rulings rejecting his effort to avoid being sent to South Korea to face trial on the seven embezzlement charges against him.Sotomayor is the justice assigned to review emergency appeals from a group of states that include New York…

24 Oct 2022

Israeli Court Gives Green Light to Lebanon Maritime Deal

©Luzitanija/AdobeStock

Israel's Supreme Court on Sunday rejected petitions that would have held up a landmark U.S.-brokered deal setting a maritime border with Lebanon, which Washington predicted could be finalized on Thursday. Four groups, including an Israeli opposition lawmaker, had asked the court to force the government - which is looking to fast-track the deal ahead of a Nov. 1 election - to instead hold a full vote in parliament. The court's decision eliminates one of the last hurdles in Israel that could disrupt the deal.

20 Oct 2022

Venezuela Gives US Two Months to Request 'Fat Leonard' Extradition

(Image: US Marshals Service)

Venezuela's top court has ruled to give the U.S. government 60 days to request the extradition of fugitive Malaysian businessman Leonard Glenn Francis, also known by his alias "Fat Leonard," who is implicated in a U.S. Navy bribery case.The supreme court ruling was issued last week but only made public on Wednesday by a reporter with official media.Francis was arrested on Sept. 21 at Caracas' main airport as he prepared to leave for Russia. The U.S. government had previously issued…

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