Shipping

News & Analysis as of

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

Oil and Water – How the Galveston Oil Spill Proved The Two Don’t Mix

The Galveston Bay oil spill occurred, coincidentally, on the 25th anniversary of Exxon Valdez oil spill in Prince William Sound, Alaska. The Exxon Valdez oil spill is now considered to be one of the worst environmental...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

FERC Reaffirms Reliance on “Committed Shipper” Rate Agreements for Oil Pipelines

The Commission emphasizes that a committed shipper negotiated rate’s deviation from cost-of-service does not overturn the presumption that the rate is just and reasonable....more

Common time limits for trade and shipping claims – a print-out guide

Introduction - A “limitation period” is the period of time within which court or arbitration proceedings must be commenced. Every legal claim will be subject to a limitation period, imposed either by the governing law...more

Proposed Amendments to Export Administration Regulations on “Routed Transactions” Issued by Commerce Department Bureau of Industry...

On February 6, 2014, the U.S. Department of Commerce Bureau of Industry and Security (BIS) published in the Federal Register, Vol. 79, No. 25, pages 7105-7110, proposed amendments to its Export Administration Regulations...more

Developments in EU Transport Law - January 2014

Air - Amendments to the European Commission’s proposal on revised air passenger rights - On 17 December 2013, the European Parliament’s Transport Committee approved amendments to the European Commission’s...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

New Class Action Accuses UPS of Overcharging for Shipping Insurance

A new consumer class action has been filed against shipping giant UPS, alleging that the company overcharges its customers for “declared value coverage” (i.e., shipping insurance) on the packages it delivers. The case was...more

Florida Business Litigation Update: The Carmack Amendment Preempts Virtually Everything

The Carmack Amendment to the Interstate Commerce Act established a uniform national policy for interstate carriers’ liability for property loss. 49 U.S.C. § 14706. Under Carmack, while a carrier is generally liable for the...more

Developments in EU Transport Law - December 2013

Air - European Commission updates the European safety list of banned airlines - The European Commission has updated for the 22nd time the European list of air lines subject to an operating ban or operational restrictions...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

Fourth Circuit Holds that Motor Carrier has No Claim Under Federal Law Against Shipper for Unpaid Freight Charges

In Gaines Motor Lines, Inc. v. Klaussner Furniture Industries, Inc., decided October 30, 2013, the U.S. Court of Appeals for the Fourth Circuit addressed for the first time whether federal courts have jurisdiction over a...more

The European Court of Justice Overturns, Unfreezes EU Iran Sanctions

In a series of recent rulings, the European Court of Justice overturned economic sanctions issued by the Council of the European Union (EU) on several Iranian banks and shipping lines. On September 6 and 16, 2013, the Court...more

Muskegon Considered For Barge Terminal Connecting To Gulf Coast

Some members of the Michigan Agri-Business Association and Muskegon officials have been investigating the possibility of a river barge terminal on the east end of Muskegon Lake. Association President Jim Byrum recently...more

Unrest in Egypt – issues faced by shipowners

Current status in Egypt - The overthrow of President Mohammed Morsi by the Egyptian military has resulted in violent scenes, civil unrest and hundreds of deaths across Egypt. Many in the maritime world are watching...more

Greek Tonnage Tax Imposed On Foreign-Flagged Vessels

Greece has finally imposed a tonnage tax on foreign-flagged vessels operated by shipping companies in Greece. It already had been taxing Greek-flagged ships, and the nation’s debt crisis left the government with no other...more

Foreign NVOCCs Must Renew Registration with FMC by October 17

The Federal Maritime Commission issued a new rule earlier this year that, effective July 19, registered, foreign-based NVOCCs may take advantage of Negotiated Rate Arrangements (NRAs), in lieu of published rates in their...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

California Trucking and Shipping Companies Must Evaluate Owner/Operator Relationships in Light of Los Angeles Superior Court...

Trucking companies that operate in California and also utilize independent contractor “owner-operators” to ship goods throughout the country must re-evaluate whether or not the contractors are misclassified in light of the...more

EEC Issues Draft Rule on Electronic Pre-Notification Procedure for Shipment by Rail

The Eurasian Economic Commission (the “EEC”) issued a draft decision on July 16, 2013 requiring electronic pre-notification for all goods shipped into the Customs Union (CU) by rail. The draft decision provides for entry into...more

2013 AAPA Port Administration and Legal Issues Seminar - Update on the Rotterdam Rules

In This Presentation: Update on the Rotterdam Rules. Excerpt from Update on the Rotterdam Rules - What is it? ..The Rotterdam Rules is a new draft multilateral Convention to update the liability...more

Surely, There’s a Better Way: A Critique of Current Federal Regulation of Marine Terminal Operators

In This Presentation: Federal Regulation of Ports; Federal Port Regulation in a Nutshell; Additional Prohibitions (Apply to other actors, not bound by reasonableness factors); Agreements Must be Filed if . . .; Other...more

EU Proposes Further Measures Towards Reducing Greenhouse Gas Emissions from Ships

As a first step towards reducing the marine transport industry’s greenhouse gas emissions, on 28 June 2013 the European Commission (the “Commission”) tabled a draft Regulation to introduce a system of monitoring and...more

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