Legal matters of maritime concern in Hawaii, Oceania, and beyond.
The California Air Resources Board just voted to regulate shipboard emissions again – just several months after an earlier attempt was struck down by the Ninth Circuit Court of Appeals. The proposed rules and the Board’s “authority” to enact such rules are available here.
Some quick problems:
Board Is Regulating Beyond California territory:
“Regulated
…
The Ninth Circuit Court of Appeals struck down the Environmental Protection Agency’s 30+ year old regulation exempting vessel “discharges” from the Clean Water Act’s permit requirement.
In Northwest Environmental Associates v. U.S. Environmental Protection Agency (opinion here), at issue was a 35 year old regulation which set forth various vessel discharges that did not…
Real Estate and Construction Law Blog has an interesting post on the estimated value of a beach, projected to be lost after the construction of a sea wall in Monterey Bay.
The case, Ocean Harbor House v. California Coastal Commission (opinion here), involves a condominum project seeking a permit from the Commission to build a…
A United Nations Committee has published a regime to resolve disputes arising from the carriage of cargo at sea. This regime will assist the member states grapple with the increasingly globalization of maritime trade and provide a framework for dispute resolution.
Senator Kerry has introduced a new bill
ship routing regulation
