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Maritime Transport

Holland & Knight LLP

Foreign-Flagged Vessels Beware

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Following the Francis Scott Key Bridge allision on March 26, 2024, two U.S. House of Representatives members introduced the Justice for Victims of Foreign Vessel Accidents Act (Bill), which would retroactively increase the...more

Husch Blackwell LLP

Key Bridge Collapse Leads to Proposed Legislative Overhaul

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Earlier this week, two U.S. congressmen released proposed language for a bill—the Justice for Victims of Foreign Vessel Accidents Act—that was first announced via press release in August 2024. The proposed law would raise the...more

Holland & Knight LLP

Justice for Victims of Foreign Vessels Act Language Revealed

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The language for the proposed Justice for Victims of Foreign Vessel Accidents Act (Bill) was released on Sept. 11, 2024. As discussed in Holland & Knight's previous blog post, "Foreign-Flagged Vessels Beware," Sept. 9, 2024,...more

Mayer Brown

ANTAQ Announces Public Consultation and Hearing to Improve Draft Resolution for Chartering Criteria for Brazilian Shipping...

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Brazil’s National Agency of Waterway Transportation (“ANTAQ”) will hold a Public Consultation and Hearing from September 9 to October 23, 2024 (Notice of Public Hearing No. 11/2024). The aim is to receive feedback on a draft...more

Holland & Knight LLP

Court Strikes Down Key Endangered Species Act Opinion

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A federal court has thrown out key Endangered Species Act (ESA) analyses of oil and gas operations in the Gulf of Mexico, which will be vacated as of Dec. 20, 2024. The United States District Court for the District of...more

McGlinchey Stafford

Maritime Products Liability Law: Understanding the Fundamentals

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The United States Supreme Court first recognized products liability, including strict liability, as part of the general maritime law in East River Steamship S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858 (1986). The...more

Schwabe, Williamson & Wyatt PC

Ports Must Control Stormwater Across Their Entire Footprint

Washington State requires ports to control stormwater discharges across their entire footprint, though federal rules cover only certain port facilities. According to a recent decision by the Ninth Circuit Court of Appeals,...more

Benesch

FMC Final Rule on “Refusal to Deal or Negotiate” Effective Sept. 23, 2024

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The Federal Maritime Commission (the “FMC”) issued its Final Rule on July 22, 2024, establishing its approach to determining what constitutes an unreasonable refusal to deal or negotiate cargo space and vessel space...more

Mayer Brown

Bulletin: Maritime & Port Edition 1 | May/June 2024

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In light of the constant updates in the maritime sector, our Ports and Maritime team is launching this Bulletin. Here we cover the main legislative events, developments in Brazil’s National Agency of Waterway Transportation...more

Benesch

Hazardous Materials Regulations: A Regulatory Primer

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Over one million shipments of hazardous materials reportedly travel in U.S. commerce every single day.  A common misunderstanding is the nature of hazardous materials—they are more commonplace than you think!...more

Benesch

Ocean Carrier Bid Season - 2024 Edition

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Yet again the ocean freight bid season is unfolding against a backdrop of uncertainty. The 2024 season brings a confluence of economic, geopolitical, trade, and industry-related issues that have created a complex environment...more

Schwabe, Williamson & Wyatt PC

The Fall of the Chevron Doctrine: Implications for Ports and Maritime Clients

Over the last forty years the Chevron doctrine, established by the Supreme Court in Chevron U.S.A, Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), has been a pillar of administrative law in the United...more

Mayer Brown

New Decree Regulates "Navegue Simples" Program for the Port Sector

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On June 18, 2024, Brazil’s National Agency of Waterway Transportation (“ANTAQ”) and  Ministry of Ports and Airports (“MPor”) launched the "Navegue Simples" Program, aiming to reduce bureaucracy, innovate, and simplify port...more

Holland & Knight LLP

EPA Enforcement Action Highlights Need for Oversight of Marine Fuel, RINs Activity

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A recent enforcement action by the U.S. Environmental Protection Agency (EPA) highlights the perils of incorrectly categorizing marine fuels under EPA's Renewable Fuel Standard (RFS) and Diesel Fuel programs. Indeed, EPA's...more

Mayer Brown

Growth in Brazilian Oil Production Will Require Investment in Maritime Infrastructure

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The past few weeks have been intense, with many discussions in the energy sector about Brazil's prospects in the energy industry. Brazil's potential to continue being a leader in biofuels and clean energy, along with...more

Latham & Watkins LLP

International Tribunal on the Law of the Sea Issues Landmark Advisory Opinion on Climate Change

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The Tribunal confirmed that States party to UNCLOS must take measures to prevent marine pollution caused by climate change, on top of their obligations under the Paris Agreement. On 9 April 2024, the International...more

Husch Blackwell LLP

New FMC D&D Invoicing Rules Are Officially in Effect

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The Federal Maritime Commission’s (FMC) Final Rule on Demurrage and Detention Invoicing (Final Rule) is in effect. The Final Rule requires certain minimum information for demurrage and detention (D&D) invoices and provides...more

Benesch

The FMC’s Final Rule on Detention and Demurrage Billing Requirements Takes Effect Despite Pending Litigation

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On February 26, 2024, the FMC issued its final rule on detention and demurrage billing requirements. On February 27, 2024, our team outlined the practical impact that the Final Rule will have in the article: “A Whole New...more

J.S. Held

Ports & Terminals: Potential Claims & Other Impacts Resulting from the Francis Scott Key Bridge Collapse

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J.S. Held previously published articles on how to handle complex ports and terminals business interruption insurance claims, marine and cargo damages, and marine stock claims. These topics have again come to the forefront of...more

Torres Trade Law, PLLC

U.S. Trade Representative Initiates Section 301 Investigation of China’s Attempts to Dominate Maritime Industries

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On April 17, 2024, the United States Trade Representative (“USTR”) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 (“Section 301”) regarding China’s acts, policies, and practices to dominate the...more

Mayer Brown

Business Opportunities in Brazilian Ports

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Our team has prepared a summary on the main business opportunities in Brazilian ports. Below are the main opportunities that have been announced, are preparing to take effect, or are currently in progress....more

The Volkov Law Group

SCG Plastics Pays OFAC $20 Million to Resolve Violations of Iran Sanctions Program

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OFAC is capable of extending a long-arm of enforcement, reaching sometimes non-U.S. companies that may “cause” another company to violate U.S. Sanctions laws.  If you need to find an example of this long reach, look no...more

Mayer Brown

IMO Discusses Alternatives for Decarbonization of the Maritime Transport Sector

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Following discussions during the 81st meeting of the Marine Environment Protection Committee (MEPC 81), which took place March 18–22, 2024, member states of the International Maritime Organization (IMO) agreed on a draft...more

Mayer Brown

IMO Discusses Inconsistencies Identified by BIMCO between Hong Kong and Basel Conventions

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The 81st meeting of the Marine Environment Protection Committee (“MEPC”) of the International Maritime Organization (“IMO”) was held from March 18 to 22. Among the issues discussed were some legal inconsistencies between the...more

Hinshaw & Culbertson - Insights for Insurers

How Several U.S. Supreme Court Cases This Term Will Significantly Impact Insurers

Insurers are impacted in many ways by the United States (U.S.) Supreme Court decisions, but very rarely does the Supreme Court wade into decisions directly involving insurance contracts or the rights of insurers. This term,...more

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