Ports

News & Analysis as of

Burma Sanctions Continue to Sunset (IRB No. 553)

On May 17, 2016, the Office of Foreign Assets Control ("OFAC") amended the Burmese Sanctions Regulations to broaden the scope of permissible trade with Burma. The Burma regulations, which have been amended piecemeal rather...more

The Global Santosh: The Supreme Court provides guidance on a charterer’s responsibility for its agents

NYK Bulkship (Atlantic) NV (Respondent) v Cargill International SA (Appellant) (“The Global Santosh”) [2016] UKSC 20 (overturning the Court of Appeal [2014] EWCA Civ 403) - The Supreme Court last week handed down an...more

Recent Alabama Tax Developments

The Alabama Legislature adjourned sine die on May 4 bringing the 2016 Regular Session to an end. The 2017 Regular Session is scheduled to begin in February and there have been reports of a potential special session later in...more

Pierce Atwood Environmental Regulatory Compliance Calendar (RCC)

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

MassDEP and CZM Propose Changes to Chapter 91 Regulations

MassDEP and the Commonwealth’s office of Coastal Zone Management recently proposed draft changes to the Designated Port Area and Facility of Public Accommodation regulations under the Chapter 91 program. Comments are due by...more

Canada/US Policy Scan 2016

Earlier this year, US President Barack Obama welcomed Canadian Prime Minister Justin Trudeau and his delegation, the first official visit by a Canadian PM to the US in nearly two decades. By mid-summer of this year, the two...more

Australian Competition & Regulation Update for Port & Rail Infrastructure Operators and Users

In this update we touch on recent events in the competition and regulation space of relevance to port and rail infrastructure owners and access seekers, being: a recent decision of the Australian Competition...more

SC Public Policy Update - March 2016 #3

What's New - SENATE - The Senate spent the week on the floor working on a compromise to S .997, a bill by Senator Lee Bright (R-Spartanburg) that would track refugees that are located in South Carolina. Senators...more

Coast Guard Requests Comments on Atlantic Coast Port Access Route Study - Report Includes Guidance on Offshore Wind Farm Siting...

The U.S. Coast Guard issued a notice in the Federal Register on March 14, 2016, announcing the availability of, and seeking comments on, the Atlantic Coast Port Access Route Study (ACPARS) Final Report. The ACPARS was...more

Maritime industry beware: hacking pirates are targeting valuable cargo

As I have written before, I am a big fan of the sharing of cyber intrusion information so all industries can learn from one another. No industry is immune from cyber-attacks. But this is a new one, and good to know for...more

Uncertainty Follows Coast Guard Comments on SOLAS Container Weight Regulation

Some confusion and uncertainty has arisen in the international ocean shipping and logistics industry following several public statements and FAQs released by the U.S. Coast Guard in the past few days regarding the impending...more

A Comprehensive Energy Bill

There is a chance, in spite of the gridlock and partisanship on Capitol Hill, that this Congress, in an election year, may for the first time in over a decade pass a bipartisan, comprehensive energy bill. But as Yogi Berra...more

FAST Act Nationally Significant Freight Program to Direct Billions to Priority Corridors

Earlier this month, U.S. Secretary of Transportation Anthony Foxx distributed a letter and fact sheet to transportation stakeholders regarding the newly established Nationally Significant Freight and Highway Projects (NSFHP)...more

U.S. Coast Guard Comments on SOLAS Verified Gross Mass Rule Implementation

Pursuant to recent amendments to the International Maritime Organization's (IMO) Safety of Life at Sea (SOLAS) Convention, Chapter VI, Regulation 2, effective on July 1, 2016, shippers will be required to provide ocean...more

Recap: How our Business Survived Three Generations of Family Leadership and Ownership

Two generations of the Hemingway family recently shared their experiences with partnering for growth and developing the next generation. On January 20, 2016, at Davis Wright Tremaine’s Seattle Office, Jon Hemingway, Chairman...more

Greek Shipowners Consider Exodus as Crisis Leads to Proposed Higher Taxes

Greek shipowners facing proposed higher taxes due to the Greek financial crisis are considering an exodus from the country, which would be a blow to the economy and Greek ports such as the Port of Piraeus, pictured above....more

California Environmental Law & Policy Update - December 2015 #3

Environmental and Policy Focus - California Supreme Court rejects mandatory "reverse CEQA" analysis Allen Matkins - Dec 18 - The California Supreme Court issued its long awaited opinion yesterday in California...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

Infrastructure, Energy and Land: Russia’s renewed focus on the development of the Russian Far East

Over the past two years, Russia has expressed its intent to significantly increase investment opportunities in the Russian Far East including in the areas of infrastructure development, ship and oil rig building, trade,...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

Russia’s New Advanced Development Territories Law: Far East Focus

An initiative to spur investment in this underdeveloped region. Amid the ongoing loud noise surrounding the situation in Ukraine (and in Syria) and the related sanctions and counter-sanctions, a new Russian development...more

Rating Agency Developments

On October 15, 2015, DBRS released a report entitled Operational Risk Assessment for European Structured Finance Originators. On October 15, 2015, Fitch published its updated U.S. Auto Loan ABS Rating Criteria. On October 16,...more

Renewable Energy Update - October 2015 #4

Environmental and Policy Focus - Governor Brown authorizes streamlined groundwater: Allen Matkins - Oct 13: On Friday, October 9, 2015, Governor Brown signed a suite of bills that has the potential to significantly...more

Business Loss Insurance Coverage for Port Explosions in China

Massive explosions occurred at a warehouse in Tianjin, China, in August 2015, that left hundreds of people dead or injured and destroyed much of the city’s port facilities. Tianjin is located in the industrial north of China...more

PortMiami espera continuar con el éxito de las P3

Una nueva colaboración público-privada (“P3” o “PPP”) llega a PortMiami. Royal Caribbean Cruises, LTD (“RCCL”) busca diseñar, construir, financiar, operar y mantener una nueva terminal para cruceros en el área noreste del...more

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