Among the cases in my queue awaiting my analysis is Pacific Merchant Shipping Association v. Goldstene, which can be downloaded here. It relates to the Submerged Lands Act and whether it preempts state regulation of marine fuels. Not a simple topic to blog about, hence Apparently a Petition for a Writ of Certiorari was
Update: Environmental Groups Seek Regulations to Prevent Whale Strikes
In reference to my earlier post regarding the environmental lawsuit to stop whale strikes, here is the Petition compiled by several environmental groups to regulate ship speed off the coast of California to prevent whale strikes.
From the Petition:
Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), the Center for Biological Diversity, Environmental
Publications
- Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010) (with Robert H. Thomas and Tred Eyerly)
- Laws Can Play Critical Role in Fighting Piracy, Pacific Business News, May 1, 2009
- Co-author, Justice Ruth Bader Ginsburg and Gender Discrimination, 20 U. Haw. L.
New Jones Act Case from Fifth Circuit – Bonin v. Ryan Marine Services, Inc.
New Jones Act case from the Fifth Circuit Court of Appeals. No major legal issues as the appeal was taken on factual/evidentiary grounds.
Note to claimant’s attorneys: Fifth Circuit did not require expert testimony to establish the negligence of owner or Captain.
The case is Bonin v. Ryan Marine Services, Inc., 2011 U.S. App. LEXIS 3227
New Case From Second Circuit – TradeComet.com LLC v. Google, Inc.
New case from the Second Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of TradeComet.com LLC v. Google, Inc., 2011 U.S. App. LEXIS 15311 and can be found here.
New Maritime Products Liability Case From Ninth Circuit – Curtis Oswalt v. Resolute Industries Inc.
New case involving products liability arising from a boat engine. The case is Curtis Oswalt v. Resolute Industries Inc., 2011 U.S. App. LEXIS 12114 and can be downloaded here.
The case involved a repair gone awry, eventually leading to a fire. The repairer was sued and brought a third party complaint against the
USS Bowfin
Feds Hold Public Hearings for Critical Habitat Designation for Monk Seals
The National Marine Fisheries Service is holding a series of public meetings to discuss its proposed rule regarding Hawaiian Monk Seal critical habitat. The proposed rule is here. The rule's background is:
In the notice of the proposed rulemaking, we propose to revise the current critical habitat for the Hawaiian monk seal (Monachus schauinslandi)
New Ninth Circuit Case on Arbitrability of Maritime Dispute – Cape Flattery, Ltd. v. Titan Maritime
This is a case about the applicability of the Federal Arbitration Act to a contract that specified the usage of English law. Hold on, don’t close the post, I’m posting because it arose out of the grounding of the M/V Cape Flattery, near Barbers Point, Oahu. The salvage caused damage to the coral reef nearby and the United States
New Clean Water Act Case From Court of Appeals for the D.C. – Lake Carriers’ Association v. EPA
The Court of Appeals for the District of Columbia Circuit just handed down its decision in the case of Lake Carriers’ Association v. EPA, 2011 U.S. App. LEXIS 14996 which can be found here.
Summary: This case involved several maritime trade associations bringing a challenge to a nationwide permit for the discharge of pollutants