Per Hawaiireporter.com and undoubtedly as a result of last night’s rains, sewage went into the storm drains in Enchanted Lake on Oahu, with potential runoff into Kaelepulu Stream and the ocean at Kailua Bay, as reported here.
2007
Feds Release Invasive Species Management Plan
By Mark M. Murakami on
The federal government released its draft National Invasive Species Management Plan for public comment. The comment deadline is February 11, 2008.
The notice published in the Federal Register indicates that the plan is a product of the National Invasive Species Council, a interagency council made up of representatives from the concerned and responsible federal agencies. …
Cargo Screening Update – Singapore Screens for Nuclear Materials
By Mark M. Murakami on
According to intelanalysis.org, the Government of Singapore has agreed to scan U.S. bound shipping containers for nuclear and radiological materials for a six month trial period. Other news reports list Honduras, the U.K., Oman, Pakistan, South Korea and Hong Kong as participating ports.
These efforts are taken under the auspices of the Secure Freight…
https://www.surfandturflaw.com/2007/12/technorati-prof.html
By Mark M. Murakami on
Hawaii User Fees: Violate Maritime Transportation Security Act?
By Mark M. Murakami on
The State of Hawaii has enacted user fees for port facility upgrades.
Federal law provides that no new user fees can be implemented unless enacted prior to January 1, 1998.
The State has grappled with its attempts to levy fees against maritime users. Judge Gillmor struck down a Ocean Recreation Management Area ("ORMA") permit fee…
Seven days late? Pay the Harbor Worker’s Attorney’s fees
By Mark M. Murakami on
The Ninth Circuit just held that workers entitled to a late payment award under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 901-50) can recover attorney’s fees and costs to obtain such award. In Tahara v. Matson Terminals, Inc., the Court approved the lower court award of fees for an injured employee whose…
Cosco Busan Departs and Pilot Surrenders Federal Pilot License
By Mark M. Murakami on
The Cosco Busan was allowed to leave San Francisco after a "customs hold" was placed on the vessel following her allision with the Oakland Bay Bridge, discussed here. The Coast Guard press release includes links to video and pictures of the ship underway.
In related news, the Coast Guard reports that the…
EPA Seeks Comments on Draft Cruise Ship Discharge Assessment Report
By Mark M. Murakami on
The EPA has posted a notice in the Federal Register seeking comment by February 4, 2008 on its Draft Cruise Ship Discharge Assessment Report. It is a lengthy report and my quick skim revealed that it is Alaska-heavy with statistics, but it does provide a good overview of the potential waste streams related to…
Compensation for Northwestern Hawaiian Island Fishermen – 2008 Omnibus Appropriations Bill
By Mark M. Murakami on
Congress passed the 2008 Omnibus Appropriations Bill. Highlights of specific funds allocated for Hawaii are denoted, here.
Of particular note, Congress authorized the payment of compensation for fishermen displaced by the fishery closure resulting from the creation of the Papahanaumokueakea Marine National Monument. I’ve included the text of this provision for ease of…
More on the Exxon Valdez Punitive Damages Case – Opening Brief
By Mark M. Murakami on
I posted earlier about the Supreme Court agreeing to hear a case stemming from the Exxon Valdez oil spill, here. On Monday, Exxon filed a Petitioner’s Brief, here.
At issue is whether general "maritime law" allows for an award of punitive damages. Specifically, 1) whether federal law will hold a shipowner liable for…