News & Analysis as of

Environmental Maritime

Read need-to-know updates, commentary, and analysis on Environmental issues written by leading professionals.

Hydrocarbons Win One and Lose One in Battles With Crawfish

by Gray Reed & McGraw on

In re: Louisiana Crawfish Producers arises out of the collision between two of Louisiana’s favored enterprises: crawfish and hydrocarbons....more

EU Threatens to Bring Shipping Within Its Emissions Trading Scheme Unless the IMO Sets a Target for Reduction of Greenhouse Gas...

by Reed Smith on

Last week the top EU climate official, Jos Delbeke, issued a challenge to the International Maritime Organization (the IMO) to adopt an ambitious target for reduction of emissions as part of the IMO’s planned 2018 strategy on...more

Mainbrace: March 2017 (No. 2)

by Blank Rome LLP on

What’s different about “change” in 2017? It certainly seems that we need to redefine what we mean when we consider the term itself. Shipping historically has been a conservative industry, but its adaptability over the...more

EPA's Focus on Boatyards and Marinas Continues

by Pierce Atwood LLP on

Earlier this year, EPA Region 1 identified shipyards/boatyards and marinas as the continuing focus of the Agency’s Clean Air Act regulatory compliance and enforcement efforts. Storm water compliance is also a continuing...more

New Draft Guidance Issued On Marine District Permits

by Farrell Fritz, P.C. on

One of the most cherished and an important environmental feature of New York is its shoreline. Not only do people live near, swim and fish in the marine and coastal waters of New York, from the Hudson River near the Tappan...more

District Court Reviews Definition of “Gross Negligence” in Oil Pollution Act Reimbursement Action

On December 22, the U.S. District Court for the District of Columbia issued an opinion in Water Quality Insurance Syndicate v. U.S., which reversed the Coast Guard’s National Pollution Funds Center’s (NPFC) finding of gross...more

Maritime Greenhouse Gas Emissions – Legal Update

by Reed Smith on

In our April update on this subject, we reported on the outcome of the sixty-ninth meeting of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organization (IMO) (MEPC 69) and on what to...more

Sulphur emissions to be further capped by 2020

by Reed Smith on

The International Maritime Organisation (IMO) has confirmed that new a global cap on the sulphur content in shipping fuel will be introduced on 1 January 2020. Since 1 January 2012, the global limit has been 3.5% mass/mass...more

EPA Announces Timeline for VGP 3.0

by K&L Gates LLP on

The Environmental Protection Agency’s (EPA) primary method of regulating ballast water and other discharges is the Vessel General Permit (VGP). Under its Clean Water Act authority, the EPA established the VGP to impose...more

EPA Report Addresses Voluntary Strategies for Reducing Air Pollution at U.S. Ports

by Robinson & Cole LLP on

As part of its initiative to reduce air pollution and greenhouse gases at U.S. ports, the EPA recently released a report that assesses strategies for pollution control and sustainable growth. The “National Port Strategy...more

Developments in aircraft and marine finance for 2016

by Thompson Coburn LLP on

As is the case with other transportation assets, the legal considerations for aircraft and vessel finance providers (FPs) include an amalgam of state, federal and international laws. Summarized below are some of the more...more

EPA Issues “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports”

by Beveridge & Diamond PC on

On September 22, 2016, EPA issued a report titled “National Port Strategy Assessment: Reducing Air Pollution and Greenhouse Gases at U.S. Ports” (the “Assessment”).[1] According to EPA, the Assessment supports the goal of...more

Both Chambers Pass WRDA Bills: Race Is on to Complete WRDA Work in 2016

by K&L Gates LLP on

The Senate and House both passed Water Resources Development Act (“WRDA”) bills in September, bringing Congress two major steps closer to returning to a regular, biannual process of authorizing projects and activities related...more

China Loses Claims to the South China Sea in Landmark Decision

by Cozen O'Connor on

On Tuesday, China received a binding decision from the Permanent Court of Arbitration at The Hague, Netherlands, regarding territorial claims in the South China Sea. The international tribunal ruled unanimously that China’s...more

The Second Circuit Requires Insureds To Be Truthful With Its Insurers

by Cozen O'Connor on

In a twist on the old adage, “bad facts make bad law”, the Second Circuit’s recent decision in Fireman’s Fund Insurance Company v. Great American Insurance Company of New York, Civil Action No. 14-1346-cv, 2016 WL 2943139 (2d...more

Congress Working Aggressively to Pass a Bipartisan WRDA in 2016

by K&L Gates LLP on

Both chambers in Congress are working aggressively to pass bipartisan Water Resources Development Act of 2016 (“WRDA 2016”) legislation this year. Now is the time for entities interested in U.S. Army Corps of Engineers...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

by Pierce Atwood LLP on

NEW REGULATORY DEVELOPMENTS - Federal - Draft National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges - All 10 EPA regions are seeking public comment on the draft 2017...more

Maritime greenhouse gas emissions – update on the outcome of MEPC 69

by Reed Smith on

In our March alert on this subject, we looked ahead to the 69th meeting in London of the Marine Environmental Protection Committee (MEPC) of the International Maritime Organisation (IMO) (MEPC 69). MEPC 69 has now taken...more

Effect of Energy Policy Bills on Natural Gas Exports

Legislative Update. On April 20, the U.S. Senate passed broad legislation that covers many different aspects of the energy and environmental sectors, including changes to streamline the approval process for the export of...more

The Well Control Final Rule Is Here, Finally

by Blank Rome LLP on

Action Item: The recently published Well Control Rule will require significant changes to Blow-Out Preventer (“BOP”) systems and well operations. Stakeholders in offshore oil and gas operations should carefully evaluate the...more

A Beginner’s Guide to OSHA’s Final Silica Rule

On March 24, 2016, the Occupational Safety and Health Administration (OSHA) announced its final rule on occupational exposure to respirable crystalline silica. The rule was published in the Federal Register on March 25, 2016....more

Maritime GHG emissions: The Paris Agreement, an IMO MRV and ‘market-based measures’ – looking forward to MEPC 69

by Reed Smith on

Tackling greenhouse gas emissions (GHGs) from international shipping: as the Marine Environmental Protection Committee (MEPC) of the International Maritime Organisation (IMO) gears up for its 69th meeting in London starting...more

“A Look Ahead To 2016” – The Coast Guard Charts Its Course For The Coming Year

by Baker Donelson on

The United States Coast Guard Rear Admiral Paul Thomas recently penned an article for the Marine News magazine, February 2016 edition, highlighting the Coast Guard’s “priorities” for 2016. The article is available at the...more

Critical Habitat for Right Whales Expanded

by Blank Rome LLP on

Action Item: The National Marine Fisheries Services (“NMFS”) promulgated a final rule identifying critical habitats for the endangered Northern Atlantic Right Whale. Stakeholders involved in spill response, ocean and offshore...more

Coalition Challenges National Marine Fisheries Service Rules for Regulating Offshore Aquaculture in the Gulf of Mexico

by Kelley Drye & Warren LLP on

On February 12th, a coalition led by the Center for Food Safety filed suit in the U.S. District Court for the Eastern District of Louisiana challenging the National Marine Fisheries Service’s (“NMFS”) final rule implementing...more

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