News & Analysis as of

Coast Guard

Don’t Fall Asleep at the Helm- 5th Circuit Goes Broad on OPA Interpretation

by Baker Donelson on

In two issues of first impression, the 5th Circuit Court of Appeals read the complete defense provisions for oil spills under the Oil Pollution Act (“OPA”) to strictly construe the defenses and make them only very narrowly...more

U.S. Coast Guard National Vessel Documentation Center Publishes Criteria for Making U.S. Build and Rebuild Determinations

by Blank Rome LLP on

Action Item: A recently published guidance document issued by the National Vessel Documentation Center (“NVDC”) for the first time provides the public with the key criteria it uses in making U.S. Build and Rebuild...more

Ghost Ships, Shadow Brokers and Cryptoworms: October is National Cyber Security Awareness Month

by Baker Donelson on

In a chillingly apropos follow-on to the mid-summer global Petya and WannaCry cyber/ransomware attacks, which crippled businesses and government interests around the world, October has been dubbed “National Cyber Security...more

Mainbrace: October 2017 (No. 4)

by Blank Rome LLP on

Note from the Maritime Industry Team - Large sectors of the maritime industry—especially offshore—remain in the doldrums, but it nonetheless has been a busy few months for our Blank Rome Maritime group. Our Washington,...more

Financing Risks of Vessel Modification Outside the United States

by Reed Smith on

Whilst there is much in the news at the moment about the relaxing of the Jones Act in the aftermath of the recent (and on-going) hurricanes, we consider the financing risks of vessel modification outside the United...more

Contribution Under the Oil Pollution Act

by Clark Hill PLC on

The Fifth Circuit Court of Appeals held that a responsible party under the federal Oil Pollution Act (OPA) could seek contribution for cleanup costs—even though they may include purely economic damages—from a partially liable...more

Coast Guard, DHS Mandate Cybersecurity Reporting, Move to Require Maritime Cybersecurity Programs - Trump Administration, Congress...

by Holland & Knight LLP on

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 17 CI sectors, including the transportation and maritime sector – continue to grow exponentially. The U.S. government and Department of Homeland...more

U.S. Coast Guard National Vessel Documentation Center Issues Rebuild Determination with Newly Imposed “Cumulative Steelweight”...

by Blank Rome LLP on

Action Item: A recently published Rebuild Determination Letter issued by the National Vessel Documentation Center (“NVDC”) adds a significant new criteria in making Jones Act rebuild determinations by calling into question...more

Mainbrace: June 2017 (No. 3)

by Blank Rome LLP on

Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more

U.S. Fifth Circuit Greenlights Contribution Action for Purely Economic Damages Under Oil Pollution Act (OPA)

by Liskow & Lewis on

In Settoon Towing, L.L.C. v. Marquette Transportation Company, L.L.C., No. 16-30459 (5th Cir. Jun. 9, 2017), the United States Fifth Circuit Court of Appeals held for the first time that a Responsible Party under the Oil...more

Time to Get Moving: Transportation and Coast Guard Regulatory Reform Opportunities

by Cozen O'Connor on

The U.S. Department of Transportation (DOT) and the U.S. Coast Guard (USCG) will publish notices on June 8, 2017, soliciting public comments to help shape their regulatory reform efforts under Executive Order (EO) 13771,...more

Jones Act Battles, Administrative Appointees on the Move, and Combative Hearings Shape the Landscape

by Cozen O'Connor on

This edition of the Cozen O’Connor Maritime and Infrastructure Federal Update discusses (i) the Jones Act conflict developing before Customs and Border Protection with respect to the use of foreign flag vessels to perform...more

Mainbrace: March 2017 (No. 2)

by Blank Rome LLP on

What’s different about “change” in 2017? It certainly seems that we need to redefine what we mean when we consider the term itself. Shipping historically has been a conservative industry, but its adaptability over the...more

Ballast Water Management: Latest Developments

by Blank Rome LLP on

Maritime Executive - Ballast water management has been one of the most challenging and oftentimes frustrating regulatory issues of the past decade. The principal reason is that the international regime under the...more

Bridging the Gap: AMLC Launches Government Relations Initiative to Further Practice Area Understanding between Private and...

by Blank Rome LLP on

The scenario is a familiar one to lawyers practicing in maritime and admiralty law – a frantic middle-of-the-night call, a shipboard emergency, and your client looking to you for answers in a high-stakes scenario which could...more

U.S. District Court Finds U.S. Coast Guard’s National Pollution Funds Center Acted Arbitrarily and Capriciously When Denying Oil...

by Blank Rome LLP on

Action Item: In December 2016, the U.S. District Court for the District of Columbia found that the U.S. Coast Guard’s National Pollution Funds Center (“NPFC”) wrongfully denied a reimbursement claim by the Water Quality...more

Mainbrace: January 2017 (No. 1)

by Blank Rome LLP on

As we launch into a new year, uncertainty remains the word of the day. Whatever your political leanings, it would be hard to dispute that the inauguration of the Trump administration augurs change on many fronts, from...more

Global Cybersecurity Threats to the Maritime Sector

by Holland & Knight LLP on

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 16 CI sectors, including transportation and maritime – continue to grow exponentially. The incoming Trump Administration has made it clear that...more

U.S. Coast Guard Issues First Ballast Water Management System Type-Approval Certificate and New Policy Guidance

by Blank Rome LLP on

Action Item: Vessel owners and operators should re-evaluate their plans to comply with U.S. ballast water management (“BWM”) requirements in light of the U.S. Coast Guard’s type-approval of Optimarin AS’ UV-based treatment...more

Maritime Cybersecurity Inland and Offshore – Avoiding “Paid Spies and Secret Confidential Agents on the Water of the Devil” and...

by Baker Donelson on

The past eighteen to twenty-four months have seen a tectonic shift of focus (as well as a plethora of industry-generated white papers) by virtually every governmental regulatory entity, NGO, and industry group in the maritime...more

7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans

by Liskow & Lewis on

It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations. Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client...more

NIST and USCG Issue New Maritime Industry Cybersecurity Profile

by Dentons on

In 2013, President Obama issued Executive Order 13636 and directed the Director of the National Institute of Standards and Technology (NIST) to “lead the development of a framework to reduce cybersecurity risks to critical...more

New Cybersecurity Profile Issued for Maritime Industry on Transfer of Hazardous Liquids in Ports

The National Institute of Standards and Technology (NIST) has teamed up with the United States Coast Guard(USCG) and private industry to issue a new cybersecurity document that will assist the maritime industry in securing...more

U.S. Ballast Water Compliance Challenges and Considerations Now That IMO’s Ballast Water Convention Has Been Ratified

by Blank Rome LLP on

Action Item: Although the ratification of the IMO’s Ballast Water Convention will not alter U.S. compliance obligations, industry stakeholders must now consider their obligations under international law to ensure compliance...more

Bongs and Busts – the Danger of State Cannabis Laws to Non-U.S. Citizens

by Garvey Schubert Barer on

Seattle, Washington, where I practice, is one of the most popular tourist destinations in the U.S. Its natural beauty and cosmopolitan vibe are two of its biggest attractions. But increasingly, Cannabis Tourism has been a...more

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Cybersecurity

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