The U.S. Coast Guard (“USCG”) last week published a Request for Information (“Request”) in the Federal Register (89 Fed. Reg. 48515) seeking information on the monitoring, recordkeeping, and reporting procedures under the...more
The U.S. Environmental Protection Agency (“EPA”) published a Supplemental Notice of Proposed Rulemaking (“SNPR”) on October 18, 2023, modifying its initial proposed rule from three years ago on performance standards for...more
Background -
In December 2018, the Vessel Incidental Discharge Act (“VIDA”) was signed into law and intended to replace the Environmental Protection Agency’s (“EPA”) 2013 Vessel General Permit (which has been in place for...more
We are just over one year into the Biden administration and environmental enforcement is on the rise. Although enforcement dropped dramatically under the Trump administration, the current administration has been clear about...more
Owners and operators of ships calling on the United States know well that criminal prosecutions are now a regular occurrence in the maritime industry. Most relate to environmental violations and post-incident conduct like...more
Stakeholders in offshore wind construction projects, including vessel owners and operators, project developers, and equipment manufacturers, should ensure that their plans for offshore wind development take into consideration...more
In an effort to slow the spread of the coronavirus (“COVID-19”), the U.S. Centers for Disease Control and Prevention (“CDC”) issued a sweeping order on January 29, 2021, which took effect at 11:59 p.m. EST on Monday, February...more
Long-awaited amendments to the International Convention for the Prevention of Pollution from Ships (“MARPOL”) entered into force on October 1, 2020, which expressly permit the use of electronic record books for certain...more
In the past few years, the commercial use of facial recognition technology has advanced at an explosive rate, expanding into numerous industries and trades. For instance, facial biometrics is increasingly relied on by...more
NEW DEVELOPMENT -
The U.S. Environmental Protection Agency (“EPA”) made available its long-anticipated standards for discharges incidental to the normal operation of vessels pursuant to the Vessel Incidental Discharge Act...more
NEW DEVELOPMENT -
Long-awaited amendments to the International Convention for the Prevention of Pollution from Ships (“MARPOL”) entered into force on October 1, 2020, which expressly permit the use of electronic record...more
MARPOL enforcement cases in the US historically have involved violations of Annex I, such as oily water separator bypasses and falsified oil record books (ORBs), coupled with post-incident misconduct by crew members, such as...more
Note from the Editor -
Happy (almost) spring! Every year seems to be a new adventure and a new challenge, and this year, on top of the dramatic new International Maritime Organization 2020 bunker regulations that have now...more
Note from the Editor -
Spring seems to be upon us, at last. Perhaps we have no right to complain about the weather, but that has never stopped us! It seems like our New York, Washington, D.C., and Philadelphia offices...more
4/2/2019
/ Ballast Water Management ,
BOEM ,
Coast Guard ,
Department of Homeland Security (DHS) ,
Federal Maritime Commission ,
Maritime Transport ,
Offshore Wind ,
Shipping ,
Trump Administration ,
Vessels ,
Wind Farm
The world has begun to recognise that plastic pollution in the ocean is not solely, or even mostly, a shipping problem. However, it is gratifying to see that the maritime community has stepped up to do what it can to address...more
The International Maritime Organization (“IMO”), in preparing for the global 0.5 percent fuel oil sulfur limit, recently adopted an amendment to MARPOL Annex VI to support consistent implementation and enforcement of the new...more
The U.S. Environmental Protection Agency (“EPA”) recently published an update on its website notifying the industry that it would administratively continue the 2013 Vessel General Permit (“VGP”) until a new permit is issued...more
Note from the Vice Chair -
Happy fall! As the seasons change, so do the issues confronting the maritime industry...or not. Over the past few years, several topics have consistently remained in the headlines and as a thorn...more
10/12/2018
/ Coast Guard ,
Cybersecurity ,
Department of Justice (DOJ) ,
Federal Arbitration Act ,
Foreign Corrupt Practices Act (FCPA) ,
Imports ,
Maritime Transport ,
Ports ,
Shipping ,
Tariffs ,
Trump Administration ,
USTR ,
Vessels
What #MeToo Means for the Maritime World -
The #MeToo movement has shone new attention on issues for employers in the maritime industry seeking to ensure that seafarers and shore-based personnel can participate in a work...more
Ballast Water Management: The Conundrum Continues -
It has been about 15 months since the U.S. Coast Guard (“USCG”) type-approved the first three ballast water management systems (“BWMSs”) in December 2016; three more...more
5/3/2018
/ Ballast Water Management ,
Chapter 11 ,
Coast Guard ,
Commercial Bankruptcy ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Drones ,
Email ,
Hurricane Harvey ,
Hurricane Irma ,
Jones Act ,
Maritime Transport ,
Outer Continental Shelf ,
Technology ,
Trump Administration ,
Vessels
On March 19, 2018, the U.S. Coast Guard published its long-awaited final rule on Marine Casualty Reporting Property Damage Thresholds. In what was widely viewed as a common-sense and non-controversial adjustment, the final...more
Action Item: A recently published guidance document issued by the National Vessel Documentation Center (“NVDC”) for the first time provides the public with the key criteria it uses in making U.S. Build and Rebuild...more
Action Item: On September 28, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a 10-day Jones Act waiver in the interest of national defense and in response to the devastation caused by...more
Maritime -
ACTION ITEM: On September 12, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a new Jones Act waiver for refined products, effectively broadening and extending the previously...more
Action Item: On September 8, 2017, Acting Secretary of the Department of Homeland Security (“DHS”) Elaine Duke granted a seven-day waiver of the Jones Act in the interest of national defense. The waiver was issued to...more