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Federal Maritime Commission Seeking Comment on New Rulemaking Regarding Prohibition Against Ocean Common Carrier Refusal to...

In response to supply chain disruptions caused by the COVID-19 pandemic, on 16 June 2022, the U.S. Congress enacted the Ocean Shipping Reform Act of 2022 (OSRA) to increase the authority of the Federal Maritime Commission...more

Spotlight on the International Maritime Sector as the Biden Administration Looks to Address Competition Activities

On 9 July 2021 the Biden Administration released an Executive Order (EO) on promoting competition in the American economy. The latest White House effort directs federal agencies to strengthen oversight of several key...more

The Essential Guide to the Jones Act

The Jones Act is the foundational law of the American maritime industry, and compliance with it is essential whether you are a vessel operator in the U.S. domestic trades or a foreign operator serving the U.S. market. The...more

COVID-19: Updates on the FMC's Detention and Demurrage Final Rule

The Federal Maritime Commission (FMC or Commission) recently announced its adoption of a final interpretive rule to provide the maritime community guidance on the “reasonableness” of detention and demurrage charges. The rule...more

COVID-19: Supply Chain Impacts

Despite manufacturing and port activity in China ramping back up toward pre-crisis levels, the global supply chain continues to feel the devastating effects of the COVID-19 pandemic. In response, the Federal Maritime...more

Industry Predictions for 2020 From the Maritime Professionals at K&L Gates

K&L Gates maritime professionals work at the intersection of the U.S. federal government and the maritime business. We asked some of them for their predictions about the year ahead regarding the Trump administration, the...more

The Can-Do Congress? - Multiple Maritime Provisions Passed Into Law in Final Weeks of 2019

In December 2019, the U.S. Congress managed to defy expectations and enact several pieces of significant legislation....more

1/9/2020  /  Maritime Transport , Shipping , Vessels

Declining to Overrule a Long-Standing Agency Deference Doctrine, the Supreme Court Nonetheless Cautions That its Limitations...

Federal agencies issue hundreds of significant rules each year, affecting virtually all aspects of U.S. economic activity. For decades, businesses, consumers, environmental and labor groups, and others have challenged these...more

New Opportunities for Port Infrastructure Investment

Earlier this month, the U.S. Department of Transportation (DOT) announced a Notice of Funding Opportunity (NOFO) to apply for $292.7 million in discretionary grant funding through the newly established Port Infrastructure...more

Recent Amendments to the Shipping Act: A Course Correction, Not a Sea Change

Earlier this month, legislation amending certain Shipping Act prohibitions on anticompetitive conduct was enacted as part of the Coast Guard Authorization Act of 2018....more

Congress Passes Coast Guard Authorization Bill with Historic Overhaul of Vessel Discharges Standards and Other Measures

On Tuesday evening, the House passed S. 140, the vehicle for reauthorization of the U.S. Coast Guard, unanimously by voice vote. The bill’s passage marks a successful compromise in a protracted struggle over the legislation’s...more

Sea-zing the Day: Preparing for Maritime Issues in the 116th Congress

After a whirlwind midterm election night, the results are (mostly) in. The Republicans increased their majority in the Senate with wins in Indiana, North Dakota, and Missouri (and are leading in Florida) while losing only...more

Appeals Court Resoundingly Affirms Scope and Breadth of Shipping Act Antitrust Exemption

In August 2015, a federal court held in an apparent case of first impression that the Shipping Act of 1984 (the “Shipping Act”), preempts state law claims as well as federal antitrust claims. Direct and indirect purchasers of...more

Presidential and Congressional Authority to Roll Back Executive Actions

For the first time since Dwight Eisenhower became president in 1953, Republicans will preside over a unified government with control of the White House and majorities in both chambers of Congress. This shift in party control...more

The New JADE: Energizing Jones Act Enforcement

The U.S. Customs and Border Protection (CBP) recently announced the creation of a new enforcement division in the New Orleans Field Office focused solely on the Jones Act: The National Jones Act Division of Enforcement...more

United States Postal Service Dispositions

Real Estate Opportunities - "The Postal Service operates vast and complex mail processing, transportation and retail networks. Its legacy network includes over 500 mail processing facilities and over 35,000 retail post...more

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