Maritime Law | JD Supra

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

by Megan Misko | King, Krebs & Jurgens, PLLC on 5/23/2013

Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation. After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more

California Environmental Law and Policy Update - May 20, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 5/22/2013

Environmental and Policy Focus - Federal omission in closing oyster farm broke law, court told - Los Angeles Times - May 14: The U.S. Interior Department violated federal law by failing to conduct an...more

Infrastructure Alert - May 21, 2013

by Cozen O'Connor on 5/22/2013

On May 17, President Obama issued a presidential memorandum to aid in streamline permitting processes for infrastructure projects. The memorandum creates a steering committee whose goal is to cut project completion times in...more

FMC Approves Proposed Rewrite of OTI Regulations

by Amanda C. Blunt, Ashley Craig, Elizabeth Lowe | Venable LLP on 5/16/2013

Today, the U.S. Federal Maritime Commission (FMC) voted 3-2 to move forward with reforming the Ocean Transportation Intermediaries (OTI) rules, regulating U.S.- and foreign-based non-vessel-operating common carriers (NVOCC)...more

U.S. Coast Guard and Bureau of Safety and Environmental Enforcement Sign Agreement on Offshore Oversight

by David Dickman, Megan Roberts-Satinsky | Venable LLP on 5/15/2013

On May 9, 2013, the U.S. Coast Guard and the Bureau of Safety and Environmental Enforcement (BSEE) announced that they had entered into a Memorandum of Agreement (MOA) concerning offshore safety and environmental regulations....more

Working Hard Or Hardly Working? The Definition Of “Rest” And Towing Vessel Work-Hour Limitations

by Joseph A. Devall, Jr. | King, Krebs & Jurgens, PLLC on 5/8/2013

An often contentious issue in maritime litigation involving both personal injury and property damage is whether the wheelman in charge of a towing vessel that exceeds 26' violated the so-called “twelve-hour rule.” According...more

Is My Floating Home a Vessel?

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/7/2013

One of the many advantages of living in Hawaii is the opportunity to live close to the ocean and for some of us, to even live on the Ocean. Living on boat is a dream for many Americans and further, the US Census has reported...more

La riforma del diritto dei contratti di assicurazione: la fatica di Sisifo?

by Rhys Clift on 4/29/2013

This is a "free" translation into Italian of my article on the reform of English insurance contract law. Il Marine Insurance Act del 1906 è un formidabile esempio di capitale intellettuale dell’epoca vittoriana...more

Offshore Fairness Act Proposes Extending States’ Offshore Jurisdiction

by Andrew J. Quackenbos | King, Krebs & Jurgens, PLLC on 4/24/2013

The offshore jurisdiction of states in the southeastern U.S. could triple in the relatively near future. Two Louisiana Congressmen, U.S. Sen. David Vitter and U.S. Rep. Bill Cassidy, recently introduced companion bills styled...more

¿La reforma de la Ley de Contratos de Seguros: una tarea Sisifa?

by Rhys Clift on 4/23/2013

This is a "free" translation into Spanish of my article of November 2012 on the reform of English insurance contract law: " La Ley de Aseguramiento Marítimo de 1906 (The Marine Insurance Act 1906) es una obra de la ...more

Infrastructure Alert - April 17, 2013

by Cozen O'Connor on 4/17/2013

Last week, President Obama released his FY2014 budget, outlining several proposals to fund new infrastructure programs. The budget proposes $40 billion for “Fix it First” projects to repair existing infrastructure, as well...more

REGULATORY: Mining and Natural Resources Regulatory; Maritime Deep Seabed Mining: The Next Wave -- U.S. Seabed Mining Regulatory...

by King & Spalding on 4/17/2013

Part I of this article appeared in the December 2012 Energy Newsletter and provided an introduction to the three principal types of seabed ore deposits, a history of exploration efforts, and an overview of the 1982 United...more

Cuba Practice Update - April 11, 2013

by Matthew Aho, Pedro Freyre, Augusto Maxwell | Akerman Senterfitt on 4/11/2013

Cuba Details Rules for Special Economic Zone - The Cuban government last week released details of customs reforms for a long-planned free trade industrial manufacturing and maritime shipping facility in the Mariel...more

Bureau Of Safety And Environmental Enforcement Announces New Rule For Safety And Environmental Management Systems

by Paul B. Smyth, Robert (Bob) P. Thibault | Perkins Coie on 4/10/2013

In an effort to reduce the occurrence of accidents, injuries and spills during oil and gas activities on the Outer Continental Shelf (OCS), the Bureau of Safety and Environmental Enforcement (BSEE) of the U.S. Department of...more

Client Development: Find a Way to Stand Out in the Crowd

by Cordell Parvin LLC on 4/4/2013

Yesterday I wrote Want to get ahead? Try this. It was about making “giving” a client development strategy. I want to tell you a story about giving. I have shared this story in the kick-off group coaching session with...more

Federal Maritime Commission Announces New Chairman Cordero

by Amanda C. Blunt, Ashley Craig, David Dickman, Elizabeth Lowe, Matthew R. Rabinowitz | Venable LLP on 4/4/2013

The U.S. Federal Maritime Commission (FMC) announced that Commissioner Mario Cordero will replace Commissioner Richard A. Lidinsky as Chairman, effective April 1, 2013. Lidinsky submitted his resignation as Chairman to...more

EPA Finalizes Vessel General Permit

by Monica Derbes Gibson, David Dickman, Megan Roberts-Satinsky, Margaret Strand | Venable LLP on 4/3/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) issued a final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel...more

EPA Issues 2013 Vessel General Permit

by Christine Jochim Boote, Barry Hartman, Stefanos Roulakis | K&L Gates LLP on 4/2/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in...more

U.S. Fish And Wildlife Service Proposes To Designate Almost 740 Miles Of Critical Habitat For The Loggerhead Sea Turtle

by Katrina Diaz | Nossaman LLP on 4/2/2013

On March 25, 2013, the U.S. Fish and Wildlife Service (Service) published a proposed rule to designate critical habitat for the Northwest Atlantic Ocean Distinct Population Segment of the loggerhead sea turtle (Caretta...more

Prevailing Party Fees are Not Recoverable in Cases Arising Under Admiralty Jurisdiction

by Charles Davant | Sedgwick LLP on 3/25/2013

Insurers with marine risks in Florida should be wary of an evolving conflict among Florida’s lower appellate courts regarding the applicability of Florida’s Offer of Judgment Statute (ch. 768.79) to claims governed by...more

Three Point Shot - March 2013

by Robert Freeman | Proskauer Rose LLP on 3/21/2013

In this Issue: - Reversal of Fishy Court Opinion Gives Boat Crew Another Chance to Reel in a Million-Dollar Prize - Don’t Eat the Yellow Snow - Grades for Football Prospects Copyrightable, But Sports Writer Not...more

What is a Vessel?

by James Campise | Cozen O'Connor on 3/14/2013

The line between maritime and non-maritime jurisdiction continues to be redrawn. A recent case out of the Southern District of New York, Fireman’s Fund v Great American Insurance Company, 2013 U.S. Dist. 11114, held a dry...more

I’ll Take “Not A Vessel” for $600, Alex: What Is A Tension Leg Platform?

by James D. Bercaw | King, Krebs & Jurgens, PLLC on 3/12/2013

In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen...more

Jurgens And Bercaw Establish A Tension Leg Platform Is Not A Vessel

by James D. Bercaw, George Jurgens, III | King, Krebs & Jurgens, PLLC on 3/11/2013

Jack Jurgens and Jim Bercaw succeeded in obtaining a partial summary judgment from District Judge Lance M. Africk that the MATTERHORN SEASTAR, a floating tension leg platform (“TLP”) secured to the Outer Continental Shelf off...more

Revised MARPOL Annex V: Just Who Should Take Out the Trash?

by Diane Galloway, Richard Gunn, David Handley, Lisa Mason, Sarah Rogers | Reed Smith on 3/11/2013

Following a review by the Correspondence Group established by the Marine Environment Protection Committee in 2006, various amendments to MARPOL Annex V Regulations for the Prevention of Pollution by Garbage from Ships took...more

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