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Sunday, June 16, 2019

Environmental Law News

Jawaharlal Nehru Port's 4th Container Terminal - A PPP Project Photo courtesy JNPT

Model Concession Agreement for PPP in Indian Ports Revised

In order to make  port projects more investor friendly and make investment climate in the major port sector more attractive, the Indian Government has approved the revised Model Concession Agreement (MCA) for Public Private Participation (PPP) projects in Major Ports. Providing exit route to developers by way of divesting their equity upto 100 percent after completion of 2 years from the Commercial Operation Date(COD). This is now similar to the MCA provisions of Highway Sector.

Steve Candito (Photo: Ecochlor)

Candito Takes over as Ecochlor CEO

Ballast water treatment systems manufacturer Ecochlor, Inc. has named Steve Candito as its new CEO, effective August 8, 2017. Candito succeeds retiring CEO, Charlie Miller, who will assist during the transition. Tom Perlich, Ecochlor Founder and President, said, “Charlie has been instrumental in Ecochlor’s growth over the last 15 years. During his tenure, we have put together a skilled and experienced team, and find ourselves positioned as a global front-runner in the BWT industry.

Photo: International Maritime Organization (IMO)

UK First to Accept Marine Geoengineering Amendments

The United Kingdom has become the first State to formally accept the 2013 marine geoengineering amendments to the 1996 “London Protocol”, the treaty covering dumping of wastes at sea. The amendments support the precautionary approach by providing for specific marine geoengineering activities to be permitted only when the activity is assessed as constituting legitimate scientific research. Currently, only ocean fertilization for research purposes may be permitted. Meanwhile, the…

Bulker Held in US for Breaching Environmental Law

The U.S. Coast Guard is continuing its investigation of an oceangoing bulk carrier, currently at anchor in Duluth, Minnesota, for allegedly violating U.S. environmental laws. The Coast Guard said it is investigating the crew, equipment and records of the Liberian-flagged motor vessel Cornelia for allegations involving violations related to the discharge of oily water. Based upon current information in the investigation, it does not appear that the discharge occurred within the port of Duluth - Superior, the Coast Guard said.

Stirling Group Altor Open Doors for O&G Skills Week

An Aberdeen HSE and risk management firm opened its doors to give people a glimpse of how varied a career in oil and gas can be. Stirling Group Altor took part in the first ever National Oil and Gas Skills Week which welcomed 4,000 people to more than 50 events at venues across the UK. Organizers OPITO, the industry skills organization, said an average of 1,000 people per day took part in the inaugural National Oil and Gas Skills Week which saw events of all shapes and sizes take place in Norwich…

From left: Eugene O'Connor, Timothy Semenoro and Robert O'Connor

Montgomery McCracken Adds 3 Maritime Attorneys

Montgomery McCracken announced the addition of three attorneys to the Maritime and Transportation practice group in the firm's New York office. Eugene J. O'Connor and Timothy Semenoro join as partners and Robert E. O'Connor joins as an associate. All three were previously at the maritime law firm of Chalos O'Connor, LLP, where they worked on cases involving the Rickmers Genoa and MSC Flaminia. Eugene O'Connor has nearly 40 years of experience in maritime and environmental law…

Chalos Joins K&L Gates New York Office

Michael G. Chalos has joined the New York office of global law firm K&L Gates LLP as a partner in the maritime practice. Previously the senior partner at the firm of Chalos O’Connor, LLP, Chalos is accompanied in his move by associates Luke Reid and George Kontakis in the firm’s Boston and New York offices, respectively. With a focus on traditional maritime and criminal environmental law, Chalos represents clients involved in high-profile civil and criminal environmental litigation.

Book cover: Image courtesy of ABA

Coastal Zone Management: ABA Publish New Book

With oceans considered by many as one of the last frontiers, the American Bar Association's new book “Zoning the Oceans: The Next Big Step in Coastal Zone Management’’ is intended to help experts and government planners use zoning as a vehicle for ocean development and management. It is claimed to be the first book to focus on new and emerging state ocean zoning programs in the context of recent developments in offshore coastal zone regulation at the state and federal levels, say the publishers.

Zoning the Oceans

ABA Book Explores Ocean Zoning Management

With oceans considered by many as one of the last frontiers, a new American Bar Association book will help experts and government planners use zoning as a vehicle for ocean development and management. “Zoning the Oceans: The Next Big Step in Coastal Zone Management’’ is the first book to focus on new and emerging state ocean zoning programs in the context of recent developments in offshore coastal zone regulation at the state and federal levels. The timely and relevant book delves into a wide range of coastal zone management issues…

U.S. Coast Guard Academy to Host Academic Workshop

The Center for Maritime Policy and Strategy will host an academic workshop, Friday, Sept. 20, 2013, at the U.S. This one-day workshop will bring together a diverse group of scholars, practitioners and stakeholders from across the country to discuss how to achieve resilient ports and marine transportation systems in an era of extreme storms, rising seas and the melting Arctic ice sheet. The workshop features two panels that highlight research currently being conducted by postdoctoral fellows at the center.

New Ballast Water Regulations Add Costs for Shipowners

Shipowners will soon be obliged to address new and expensive regulations to deal with ballast water. The Ballast Water Management Convention 2004 will require them to understand compliance standards, develop a ballast water management plan, select and install a treatment system and train personnel to operate the system. Their ships will be subject to surveys and inspection to maintain certification. The Convention requires ratification by 30 states, accounting for 35% of world merchant tonnage.

Jones Act Offshore: Navigating in 2013

Following the hubbub created in 2009-2010 by U.S. Customs and Border Protection’s (CBP) proposed modification and revocation of certain Jones Act ruling letters pertaining to offshore operations, all was relatively quiet in 2011-2012 with respect to Jones Act offshore issues. Indeed, in the aftermath of the tragic Deepwater Horizon incident in 2010, which included the implementation of more prescriptive regulatory and environmental requirements and a deepwater drilling moratorium…

Trash Talk

Are You Prepared for the New MARPOL Annex V Garbage Regulations? New regulations addressing garbage management go into effect on January 1, 2013 pursuant to action taken by the Marine Environment Protection Committee (MEPC) at its sixty-second session in July 2011 after a comprehensive review of MARPOL Annex V. The new regulations impose stricter garbage management procedures and documentation requirements for all vessels and fixed and floating platforms which will have major implications for industry, as discussed below.

CLIA Announces New Director

Cruise Lines International Association (CLIA) announced that Charlotte Breide has joined the association as Director of Technical and Regulatory Affairs, Environmental and Health as of October 1. Breide is an international and multilingual attorney with extensive expertise in maritime, energy and environmental law. Within CLIA’s technical and regulatory team she will focus on environmental and health issues. Most recently, Charlotte provided legal counsel on international energy and maritime issues to the management group of a Fortune 500 international energy company…

Ship Operator and Engineers Guilty in Pollution Case

Singapore Ship Operator and Engineers Plead Guilty to Crimes Related to Pollution from Cargo Ship Traveling to Mobile, Alabama; Company Sentenced to Pay $1.2 Million Criminal Penalty. A ship management company headquartered in Singapore pleaded guilty and was sentenced today in federal court in Mobile for deliberately falsifying records to conceal pollution discharges from the ship directly into the sea. Target Ship Management Pte. Ltd., the operator of the M/V Gaurav Prem, pleaded…

Tara Leiter, Blank Rome LLP

FMC: Power, Enforcement and – Your Risk

Don’t Risk an Expensive Run-in with the U.S. Federal Maritime Commission. For the first time in years, the U.S. Federal Maritime Commission (“FMC”) has a full complement of five Commissioners and a renewed commitment to enforce the Shipping Act of 1984 (as amended, the “Shipping Act”). As a maritime lawyer representing clients before the FMC, I am often asked, “What is the FMC, what does it do, and why should I care?” The FMC is ramping up its efforts to find and penalize those who violate the Shipping Act…

Jonathan K. Waldron

Maritime Pollution and Other Legislation Outlook 2012

It has been almost two years since the Deepwater Horizon incident occurred on April 20, 2010. As a result of this incident, although there have been many bills introduced in Congress to address issues raised by this incident, as well as numerous related hearings, Congress was unable to see the way clear to actually enact any pollution-related legislation, or for that matter any substantial maritime legislation in 2011. The following is a summary of the action taken by Congress last year and a perspective on such legislation for 2012.

This Day in Coast Guard History – Dec. 22

1819-The Revenue cutter Dallas seized a vessel laden with lumber that had been unlawfully cut from public land in one of the first recorded instances of a revenue cutter enforcing an environmental law. 1837-Congress authorized President "to cause any suitable number of public vessels, adapted to the purpose, to cruise upon the coast, in the severe portion of the season, and to afford aid to distressed navigators." This was the first statute authorizing activities in the field of maritime safety, thus interjecting the national government into the field of lifesaving for the first time.

Birnbaum Named Director of MMS

Secretary of the Interior Ken Salazar appointed Liz Birnbaum, an attorney with two decades of federal government and private sector experience in energy and environmental policy, as Director of the Department’s Minerals Management Service. The appointment does not require Senate confirmation. As Director of the Minerals Management Service, Birnbaum administers programs that ensure the effective management of renewable and traditional energy and mineral resources on the nation’s Outer Continental Shelf…