Maritime Transportation

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To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

FERC Issues Declaratory Orders in Shell and Pivotal Proceedings Related to LNG Production Facilities

On September 4, 2014, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued declaratory orders in response to two petitions, each seeking a jurisdictional determination under the Natural Gas Act (“NGA”)...more

Is the U.S. Prepared Legally and Operationally to Protect Its Arctic Interests?

The answer to this question is a resounding “no.” The U.S. is not prepared to protect its interests in the Arctic over the next decade. The primary legal regime that is being relied upon by all members of the Arctic...more

From the Transportation Archives: The Perfect Storm: The Parameters of a Successful “Act Of God” Defense in Freight Claims

Federal and state law have long established that a shipper cannot prevail in a freight claim against a carrier if an “Act of God” caused the freight damage, loss, or delay in question. This “Act of God” defense is available...more

The Issue of Priority and Statutory Ship Mortgages in the British Virgin Islands

Shipping business in the British Virgin Islands (BVI) is fast developing, and with this development, it is important to understand some critical elements, being financing and taking of security; hence, the significance of BVI...more

Nationality of Vessels on Sea Trials Under U.S. Law

In 2013, approximately 1,147 commercial and military vessels were delivered by United States shipyards. This total includes vessels of all types – 8 deep-draft vessels and structures, 219 OSVs, tugs, towboats, passenger and...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

Dr. John A.C. Cartner, Evaluates USMMA Advisory Board Report and DOT Sec. Foxx’s Response [Video]

Maritime TV is pleased to have editorial contributor and maritime industry expert Dr. John A.C. Cartner, back in our studios with his valuable input and unique brand of commentary, after several months away for major...more

Coast Guard issues final rule to charge vessel documentation renewal fees

In the August 12, 2014 Federal Register, the Coast Guard issued a final rule entitled “Vessel Documentation Renewal Fees." Currently there is no charge for renewals of endorsements; however, as of November 10, 2014, the Coast...more

How Convenient: Vessel Registration and Mortgages in the Republics of the Marshall Islands and Liberia

Two registries of significant interest to shipowners are the registries of the Republics of the Marshall Islands and Liberia. Significantly, insofar as it does not conflict with the statutory laws, each country has adopted...more

LNG As A Marine Fuel – The Speed Of Change

“When I was asked if I might speak about the use of LNG as fuel for ships, two thoughts came to mind. Firstly, the old Latin maxim: volenti non fit injuria. Or in my vernacular: “well, you asked for...more

The Carriage of Goods at Sea Act Requires that Suit Be Brought Within One Year of “Delivery”

In this case, the plaintiff entered into a contract of carriage wherein the defendant agreed to ship pears to a consignee in Brazil. A later inspection discovered that the pears froze during the voyage, causing the fruits to...more

Exports of Condensate Reflect Evolution, Not Revolution, In Crude Export Regulation

On June 24, 2014, various news sources reported that the Department of Commerce (“DOC”) had allowed two companies to export processed condensate, suggesting a breakthrough in the 40-year ban on crude oil exports. The reality...more

Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more

Congressional Questions on LNG Exports Could Impact the Jones Act

Last month, Congress began consideration of comprehensive legislation to reauthorize the Coast Guard and other maritime transportation programs. Consideration of such legislation is an annual occurrence and generally moves...more

FDA Proposes Regulations on Safe Food Transport

In early February, the U.S. Food and Drug Administration (FDA) issued its seventh and final major rule as part of the implementation of the Food Safety Modernization Act. The proposed rule seeks to prevent the contamination...more

A New Era For Vessel Sharing Agreements – FMC Allows P3 and G6 Alliances To Go into Effect

On March 20, 2014, the Federal Maritime Commission (FMC) announced that by a vote of 4-1, it had decided to let the P3 Network Vessel Sharing Agreement, among CMA CGM S.A., A.P. Moller-Maersk A/S trading under the name of...more

Infrastructure Alert

Congress returned from its April recess today and will continue deliberation on a surface transportation reauthorization. An announcement on the Water Resources Development Act reauthorization, which has been in conference...more

Infrastructure Alert - March 2014

On March 20, a proposed shipping alliance of three major shippers was approved by the Federal Maritime Commission. The P3 Network Vessel Sharing Agreement, consisting of Maersk Line, Mediterranean Shipping Company and CMA...more

Sound, Speed, and Distance - The Second Circuit Allows Use of SVDR Data as Evidence in Maritime Casualty

In a Summary Order dated March 13, 2014, the United States Court of Appeals for Second Circuit affirmed a summary judgment of the Southern District of New York, which ruled in favor of a vessel owner based on data of the...more

Infrastructure Alert - February 11, 2014

The Panama Canal Authority and the GPUC, the construction consortium working on its expansion, have been deadlocked over whether the Canal will pay for $1.6 billion in cost overruns. Construction halted on February 5 due to...more

CG Policy on Barging of Produced Water

On October 30, 2013, the United States Coast Guard published a “Proposed Policy Letter: Carriage of Conditionally Permitted Shale Gas Extraction Waste Water in Bulk” (“Proposed Policy”) pertaining to the barging of “shale...more

Port of Baltimore Receives Investments for Expansion to Compete Globally

Over the past three to four years the Port of Baltimore has made significant investments in upgrading its cargo handling infrastructure to accommodate what officials hope will be a corresponding increase in cargo volume...more

Captain Phillips' Crew Lawsuit Has No Merit [Video]

Noted Admiralty Attorney and Author, Dr. Capt. John A.C. Cartner was interviewed by Maritime TV in response to recent press accounts of a lawsuit claim filed by several former crew members of the Maersk Alabama related to...more

Engineering, Morality and the Next One Hundred Years

Delivered as an Invited Speech to The National [U.S.A.] Academy of Engineering, (Section 12) Annual Meeting 7 October 2013 ...more

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