News & Analysis as of

Environmental Protection Agency (EPA) Vessels

Spilman Thomas & Battle, PLLC

Chevron, Energy and the Pivotal Shift

The U.S. Supreme Court recently overturned the Chevron doctrine, a significant legal principle established by Chevron U.S.A., Inc. v. Natural Resources Defense Council. For 40 years, lower courts have relied on the Chevron...more

Blank Rome LLP

USCG Requests Information on Ballast Water Management Procedures Under the Vessel General Permit and USCG Regulations

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The U.S. Coast Guard (“USCG”) last week published a Request for Information (“Request”) in the Federal Register (89 Fed. Reg. 48515) seeking information on the monitoring, recordkeeping, and reporting procedures under the...more

Blank Rome LLP

EPA Issues Supplemental Notice of Proposed Ruling to Implement the Vessel Incidental Discharge Act, Finally!

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The U.S. Environmental Protection Agency (“EPA”) published a Supplemental Notice of Proposed Rulemaking (“SNPR”) on October 18, 2023, modifying its initial proposed rule from three years ago on performance standards for...more

Robinson+Cole Environmental Law +

EPA to Increase Air Monitoring at Marine Ports

In a recent report, the Environmental Protection Agency (EPA) Office of Inspector General (OIG) describes steps the EPA should take to increase air monitoring at marine ports and neighboring communities. While not agreeing to...more

Blank Rome LLP

Finally—A Path Forward for Implementation of the Vessel Incidental Discharge Act

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Background - In December 2018, the Vessel Incidental Discharge Act (“VIDA”) was signed into law and intended to replace the Environmental Protection Agency’s (“EPA”) 2013 Vessel General Permit (which has been in place for...more

Holland & Knight LLP

EPA Plays Hurry Up and Wait on Vessel Incidental Discharge Act of 2018 Regulations

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More than a year and a half ago, Holland & Knight wrote about how the U.S. Environmental Protection Agency (EPA) promised new Vessel Incidental Discharge National Standards of Performance following adoption of the Vessel...more

K&L Gates LLP

EPA Draws Near to Issuing New Regulations on Commercial Vessel Incidental Discharges

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The Biden Administration has set a new path to implementing requirements for compliance with the Vessel Incidental Discharge Act (VIDA). The Office of Management and Budget is currently reviewing a new Supplemental Notice...more

Holland & Knight LLP

Chevron Deference Running on Fumes?

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Recently, the U.S. Supreme Court agreed to revisit one of its most significant rulings affecting administrative rules and regulations by granting cert in the matter Loper Bright Enterprises v. Raimondo. The court's decision...more

Holland & Knight LLP

Biden Administration Unveils Blueprint to Decarbonize Transportation Sector

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The Biden Administration released the U.S. National Blueprint for Transportation Decarbonization (Blueprint) on Jan. 10, 2023, setting forth a comprehensive strategy for federal leadership and partnerships to decarbonize the...more

Blank Rome LLP

EPA Ramps-Up VGP Inspections and Enforcement

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We are just over one year into the Biden administration and environmental enforcement is on the rise. Although enforcement dropped dramatically under the Trump administration, the current administration has been clear about...more

Holland & Knight LLP

Mariners Get Ready: Vessel Incident Discharge Act Changes May Increase Obligations

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According to the Spring 2021 Unified Agenda, the U.S. Environmental Protection Agency (EPA) expects to promulgate its new Vessel Incidental Discharge National Standards of Performance any time now (originally expected by the...more

K&L Gates LLP

EPA Releases New Tool to Analyze Costs of Complying With a State-Proposed No Discharge Zone, But It Carves Out Capital Costs From...

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The U.S. Environmental Protection Agency (EPA) recently announced a new policy that it intends to use in considering costs imposed by No Discharge Zones (NDZs) under §  312(f)(3) of the Clean Water Act (CWA). Calling this...more

K&L Gates LLP

What a Clean Future Means For Maritime

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As the Biden Administration finds its stride in the first 100 days, we are starting to see movement on several of its key priorities. Chief among them: pivoting to a clean energy economy. A campaign that promised investments...more

Holland & Knight LLP

California Set to Expand At-Berth Rules

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California is in the final stages of adopting the latest regulation to impose its own air quality rules upon ocean-going vessels calling in the state. On Aug. 27, 2020, the California Air Resources Board (CARB) approved the...more

Blank Rome LLP

EPA’s Long-Anticipated VIDA Proposed Rule Now Available

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NEW DEVELOPMENT - The U.S. Environmental Protection Agency (“EPA”) made available its long-anticipated standards for discharges incidental to the normal operation of vessels pursuant to the Vessel Incidental Discharge Act...more

K&L Gates LLP

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

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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

King & Spalding

U.S. Government’s Continued Focus on Large Ship Air Emissions

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The U.S. Environmental Protection Agency (“EPA”) and the U.S. Coast Guard (“USCG”) continue to signal interest in addressing air pollution from large ships and ocean-going vessels. Since statements made by EPA personnel in...more

Beveridge & Diamond PC

Washington State Joins Citizen Suit Challenging Navy Ship Decommissioning Under the Clean Water Act

On April 23, 2019, a federal judge allowed the State of Washington to intervene in a Clean Water Act citizen suit filed by Puget Soundkeeper and the Suquamish Tribe against the U.S. Navy. The dispute centers on the Navy’s...more

Holland & Knight LLP

Japanese Government and Carnival Cruise Lines Studies Shift Debate about Impact of Vessel Scrubber Discharge Water

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Comprehensive studies regarding the environmental effects of discharges from vessel's open-loop scrubbers released during the last several weeks by the Japanese Ministry of Land, Infrastructure, Transport and Tourism (MLIT)...more

Pillsbury - Gravel2Gavel Construction & Real...

Bills of Note Passed by the Last Congress (2019)

There were 442 bills passed by the 115th Congress and signed by the President. Most of these new laws have attracted very little attention, so it may be helpful to review a few of them....more

K&L Gates LLP

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

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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

Blank Rome LLP

New Developments in MARPOL Annex VI Compliance and Implementation

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The International Maritime Organization (“IMO”), in preparing for the global 0.5 percent fuel oil sulfur limit, recently adopted an amendment to MARPOL Annex VI to support consistent implementation and enforcement of the new...more

Blank Rome LLP

EPA’s 2013 Vessel General Permit to Be Continued into 2019

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The U.S. Environmental Protection Agency (“EPA”) recently published an update on its website notifying the industry that it would administratively continue the 2013 Vessel General Permit (“VGP”) until a new permit is issued...more

Akin Gump Strauss Hauer & Feld LLP

EPA to Study Sulfur Limit Impact on Shipping

On July 30, 2018, the U.S. Environmental Protection Agency (EPA) will host a workshop to engage stakeholders in a discussion surrounding the development of a study of the economic impacts of compliance with the North American...more

Beveridge & Diamond PC

Full Steam Ahead: EPA Moves Forward with Key Initiative to Reduce Emissions at U.S. Ports

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EPA’s Office of Transportation Air Quality recently issued a report titled “EPA and Port Everglades Partnership: Emission Inventories and Reduction Strategies” (“the Port Everglades Report”). The Port Everglades Report comes...more

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