Ports

News & Analysis as of

Competition & Regulation Update: Harper Review - Key Recommendations For Port And Rail Infrastructure Operators/Users

The long-awaited Harper Panel's Final Report on Australian competition law and policy has been released. In this update, we highlight the key recommendations of the panel relevant to port and rail infrastructure operators and...more

West Coast Ports Labor Turmoil - Time to Dust Off That Overlooked Force Majeure Clause?

The simmering labor dispute between the International Longshoreman and Warehouse Union and the Pacific Maritime Association, which represents West Coast port owners, has begun to capture the attention of businesses that have...more

Owners’ demurrage claim succeeds where Charterers fail to bring themselves within a force majeure clause

A vessel was chartered for one voyage from “1-2 load berth chop always afloat Santander” to a port in the UK. Charterers ordered the vessel to load bulk bauxite at a berth adjacent to one where cars were waiting to be loaded....more

Force Majeure Clauses: An "Out" for Suppliers Facing Shortages and Supply Chain Disruptions From West Coast Labor Dispute

With the ongoing West Coast labor dispute and increasing port congestion causing gridlock, suppliers should look to their contracts to determine whether they have the right to declare force majeure with their customers in the...more

“OCEAN VICTORY” – Court of Appeal Decision

In Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1) [2015] EWCA Civ 16, the Appellant sub-charterers appealed the 2013 judgment of Teare J....more

CBP Designates Preferred Ports of Entry for First-Time Canadian TN and L-1 Applicants

U.S. Customs and Border Protection (CBP) is the agency charged with overseeing and facilitating international travel and trade across the borders of the United States. The CBP’s mandate includes responsibility over...more

Immigration Corner: Scams Abound, Getting Acquainted with the Business Visitor, and CBP Eases Your Next U.S. Entry

New Initiatives = New Targets for Scams - Unfortunately, where there is uncertainty, there are those who will use scams to target those individuals looking for clarity. On November 20, 2014, the President announced a...more

CTC Makes First Allocations of 2015 But California’s Infrastructure Future is Murky

At its meeting last week, the California Transportation Commission allocated $174.8 million to 85 projects around the state.  Some of the projects receiving allocations this month include: You can find a full list of projects...more

Canada Invokes Extraterritorial Measures Law Against US Buy America

The Government of Canada today invoked a rarely used law to prohibit compliance with the U.S. Buy America legislation in relation to a proposed ferry terminal to be built by the State of Alaska in Prince Rupert, B.C. In order...more

Seafarers’ Access to Marine Facilities

Action Item: Owners, operators, and other interested parties related to the operation of marine terminals should review and comment on a Coast Guard Notice of Proposed Rulemaking (“NPRM”) addressing new requirements to...more

Panama Canal Expansion Update: October 2014 Milestones

The Panama Canal connects the Atlantic and Pacific Oceans and joins North and South America. It is one of the narrowest waterways in the world, yet thirteen to fourteen thousand ships brave the Panama Canal each year because...more

VP Biden Calls for Greater Investment in Port Infrastructure

On November 12, during a keynote address at the annual convention of the American Association of Port Authorities in Houston, Vice President Biden issued a call to action for greater investment in U.S. port facilities....more

Transportation Projects Get A Lot Of Deference in Demonstrating Compliance With Air Quality Standards

In a decision late last month, the 9th Circuit Court of Appeals made clear just how much deference agencies can get under the Supreme Court decisions in Chevron and Auer. The question in NRDC v. USDOT was whether, in...more

Maritime Cybersecurity: A Growing Threat Goes Unanswered

The maritime industry may beone of the oldest in the world, but in-depth reports issued by the United States Accountability Office (“GAO”) and the European Network and Information Security Agency (“ENISA”) confirm that our...more

GIS Technology Supports Port Efficiency and Expansion

Known as the Cargo Gateway to the Americas and currently home to 13 cruise lines, Port Miami is a vital economic anchor of Miami -Dade County. The Port employs more than 200,000 in the South Florida region and contributes $27...more

California Environmental Law and Policy Update - August 2014 #4

Environmental and Policy Focus - State Lands Commission files suit to overturn S.F.'s Prop. B: SFGate.com - Jul 15: The State Lands Commission filed suit Tuesday to overturn San Francisco's voter-approved limits on...more

Secretary Foxx Holds Virtual National Town Hall, Addresses Transportation Policy

Secretary of Transportation Anthony Foxx chaired a “virtual” town hall meeting, entitled “Moving from Uncertainty to Long-Term Transportation Investment,” on August 6, 2014. The town hall was open to the general public, as...more

Sanctions Update: Ukraine, Crimea and Sevastopol—the Ukrainian Parliament, the EU and the U.S. impose further measures

This Alert follows our previous alerts on the Russia/Ukraine sanctions available on our website. July continued to be a busy time as the Verkhovna Rada (the Ukrainian Parliament), the EU and the United States intensified...more

South Carolina Legislative Update

House votes to OK solar; energy supporters call vote historic, S. 1189 - South Carolina took what is considered a historic step this week to change the state’s longtime resistance to solar power. The state House of...more

Full Speed Ahead: State Of The Ports Briefing 2014

Today, we attended the State of the Ports Luncheon, along with several of our Bilzin Sumberg colleagues and over 1,000 prominent business leaders in our community, including representatives from local government, major cruise...more

Where's The Fire? Coast Guard Issues Litany Of Proposed Regulations Regarding Fire Protection Systems

In a 106-page Notice of Proposed Rulemaking issued Monday, January 13, 2014, the United States Coast Guard (USCG) has undertaken a wide-ranging overhaul of the standards for fire protection, detection and extinguishment...more

Devil's Isle Detail: An Overview of the Laws Regulating Bermuda's Marine Environment

The report is based on a pro bono survey provided to the Cyrus R. Vance Center for International Justice in connection with its Coral Reef Project. The objective of the Coral Reef Project is to produce a best practices...more

New Miami In The News: Weekly Recap

This week in New Miami news, don’t miss the renderings of developer Jeff Berkowitz’s Skyrise Miami, a sleek 1000-foot observation tower that would become Miami’s tallest building. Channel deepening project begins at...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

Revised MARPOL Annex V: An Update

In January changes to the way in which Cargo residues were classified came into effect by way of changes to MARPOL Annex V. These changes were met with some concern by both charterers and owners in that any residues of cargo...more

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