Environmental Maritime

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Deadlines Are Fast Approaching as Congress Is Already Considering Priorities for Next Water Resources Development Act (WRDA)

Stakeholders interested in U.S. Army Corps of Engineers (USACE) civil works projects, water resources policy, or funding for harbor, inland waterway, and other projects should engage Congress to advance their priorities as...more

D.C. Appeals Court: Coast Guard May Impose Non-Financial Conditions for Departure Clearance in “Magic Pipe” Case

In Watervale Marine Co. v. U.S. Dep’t of Homeland Sec., the U.S. Court of Appeals for the District of Columbia Circuit recently affirmed a district court ruling allowing the Secretary of the Department of Homeland Security –...more

LNG Bunkering in Asia: Fueling a Promising Future?

I. Introduction - Today, the LNG bunkering market is significantly growing due to stricter environmental regulations across the globe and in spite of the depressed oil price. Particularly in Asia, LNG bunkering has...more

D.C. Circuit Holds that Coast Guard May Impose Nonfinancial Conditions Before Allowing Ships Accused of Violating MARPOL to Leave...

On December 15, 2015, a panel of the U.S. Court of Appeals for the D.C. Circuit held that the U.S. Coast Guard could impose nonfinancial conditions, in addition to a bond, before permitting ships under suspicion of a MARPOL...more

Stormwater Permits Are Not One Size Fits All

It’s rare for a stormwater lawsuit to result in a court decision since most settle in the early stages, but a ruling by U.S. District Court Judge John C. Coughenour in the Western District of Washington provides useful...more

U.S. Coast Guard Issues Final Rule Raising OPA 90 Liability Limits

Action Item: The U.S. Coast Guard published a Final Rule increasing limits of liability for vessels, deepwater ports, and onshore facilities under the Oil Pollution Act of 1990 (“OPA 90”). The raise in liability limits also...more

2nd Circuit case highlights complexities of ballast water regs

Effective control of ship-borne, nonindigenous organisms has proved to be a major challenge to the maritime industry, international maritime organizations, national and local governments, environmental organizations, and,...more

U.S. Coast Guard Revises Policy on Extensions for the Installation of Ballast Water Treatment Systems

Action Item: The U.S. Coast Guard issued a new policy letter that streamlines the process for vessel owners and operators to apply for an extension to their compliance date for installing ballast water treatment systems....more

MARAD Issues Final Policy on Licensing Offshore Oil and LNG Export Facilities

The Maritime Administration (MARAD) issued its final policy on May 7, 2015, regarding the review and processing of applications for the export of oil and natural gas from offshore deepwater port facilities under the Deepwater...more

Dispersants...Will We Ever Be Able to Use Them Again?

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...more

BSEE and DOI Take Action on Five-Year Anniversary of Deepwater Horizon

Action Item: BSEE has proposed significant changes to BOP systems and well operations in light of the five-year anniversary of the Deepwater Horizon incident. Stakeholders in offshore oil and gas operations should carefully...more

Coast Guard Proposes to Revise LNG Deepwater Port Regulations - Changes Would Affect Regulations Governing LNG Imports and Exports...

On April 9, 2015, the U.S. Coast Guard issued a Notice of Proposed Rulemaking (NPRM) in the Federal Register seeking public comments on a proposed overhaul of its existing regulations implementing the Deepwater Port Act of...more

“One Shelf, One Standard” Continues to Evolve – USCG Issues Final Rule Regarding Electrical Equipment in Hazardous Locations

The United States Coast Guard (“USCG”), continuing its “One Shelf, One Standard” approach to regulating the Outer Continental Shelf (“OCS”) recently issued a Final Rule enacting new regulations governing electrical equipment...more

Mind The P’s and Q’s (And Bast?) Of DP – USCG And BSEE Issue Joint Safety Alert Regarding Dynamically Positioned Offshore Supply...

Continuing their post-Macondo/Deepwater Horizon symbiotic approach to regulating the offshore oil industry, the United States Coast Guard (USCG) and Bureau of Safety and Environmental Enforcement (BSEE) issued a joint Safety...more

EPA Promulgates Robust Emission Control Area Enforcement Policy

Action Item: Violators of Emission Control Area requirements face hefty penalties under the Environmental Protection Agency’s new penalty policy. Owners and operators of vessels operating in the North American and U.S....more

Commerce Department Issues New Guidance on Technical Crude Export Issues

Action Item: New policy guidance in the form of “Frequently Asked Questions” was published by the Commerce Department on December 20, 2014, with regard to crude oil export controls. Stakeholders interested in crude oil...more

National Marine Fisheries Service Issues Biological Opinion for Army Corps of Engineers’ Nationwide Permit Program

On November 24, 2014, the National Marine Fisheries Service (Service) issued a new Biological Opinion (BiOp) for the U.S. Army Corps of Engineers’ (Corps) Nationwide Permit Program under the Clean Water Act. The BiOp...more

Panama Canal Expansion Update: October 2014 Milestones

The Panama Canal connects the Atlantic and Pacific Oceans and joins North and South America. It is one of the narrowest waterways in the world, yet thirteen to fourteen thousand ships brave the Panama Canal each year because...more

Navy objects to Maryland offshore wind project

An offshore wind energy project proposed off the Maryland coast has drawn opposition from the U.S. Department of Defense over fears that the project would disrupt the nearby Patuxent River Naval Air Station's radar...more

Court Affirms FEMA’s Efforts to Implement Actions to Avoid Jeopardizing Listed Species

On October 23rd the Federal District Court for the Western District of Washington upheld the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program’s (NFIP) compliance with a 2008 reasonable and prudent...more

MARAD Issues Proposed Policy on Oil and Gas Exports from Offshore Facilities

On Oct. 16, 2014, the Maritime Administration (MARAD) issued a notice in the Federal Register seeking public comments on proposed policies regarding the review and processing of applications for the export of oil and natural...more

Energy Newsletter - October 2014

In This Issue: - Mexico's New E&P Contracts - Electricity Reform in Mexico: New Opportunities and Roles - New Licence Terms Promoting Unconventional Exploration and Production are Introduced for the UK's 14th...more

The OSV Regs Cometh

As previously reported here, the offshore industry has been anxiously awaiting new United States Coast Guard (USCG) regulations for large offshore supply vessels (OSVs) in the wake of the 2010 Coast Guard Authorization Act...more

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood...

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state...more

U.S. Fifth Circuit: The CWA and OPA Preempt State Law Claims for Pollution Incidents on the OCS

Offshore exploration in the Gulf of Mexico implicates maritime law, federal law, and the different laws of five coastal states. The manner in which these different substantive laws interact is often a critical, but unclear,...more

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