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
ABCNews is reporting about the State of Hawaii's letter to the Navy regarding sonar use in coastal waters. See my earlier post here.
Upon receipt of the State's letter, ABC reports that the Navy replied: "These conditions create a significant conflict with the Navy's obligations under U.S. federal law that the Navy provide trained…
Busy week in environmental concerns of the Navy's sonar use in coastal waters. Maui News reports that the State of Hawaii's Office of Planning advised the Navy of its preferences for sonar use during the upcoming RIMPAC exercises off the Hawaiian Islands.
Litigation related to these exercises recently concluded with Judge Ezra enjoining aspects of…
The government has filed a Motion seeking an earlier hearing date for the Winter v. NRDC case regarding the Navy's use of sonar off the coast of California.
The government is trying to avoid having the oral argument too late into the October 2008 term, with circumstances overcoming the Court's opportunity to decide the case by…
Bloggers and mainstream media are abuzz about the Supreme Court's decision in the Exxon Shipping v. Baker case, posted here. These are some of the articles/posts.
Drug and Device Law Blog: http://druganddevicelaw.blogspot.com/2008/06/exxon-valdez-punitive-damages-award.html.
San Francisco Chronicle: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/06/25/national/w071122D89.DTL&feed=rss.news
NY Times: http://www.nytimes.com/aponline/business/AP-Scotus-Exxon-Valdez.html?_r=1&hp&oref=slogin
LA Times:
http://www.latimes.com/news/nationworld/nation/la-na-valdez26-2008jun26,0,3673626.story
American Constitution Society:
http://www.acsblog.org/news-and-announcements-four-more-decisions.html
Reuters:
http://www.reuters.com/article/ousivMolt/idUSWBT00926720080625
Bloomberg: http://www.bloomberg.com/apps/news?pid=20601087&sid=aj1YbOuNs.cs&refer=home
NPR (real media
