Legal matters of maritime concern in Hawaii, Oceania, and beyond.
The Hawaii Legislature recently introduced several bills relating to the ocean environment and maritime industry here.
First up, an increase in barrel tax from five cents per barrel to fifteen. Follow it here.
Next, a requirement that barge-based fuel transfers use containment boom during transfer operations. Follow it here.
And, the biggie…
It is a rare day that my legal interests of zoning law and ocean governance are discussed in a single case, but thanks to the South Carolina Supreme Court, I must say:
The case is Carnival Corporation v. Historic Ansonborough Neighborhood Association and the original opinion can be found here.
In South Carolina, several…
The Eleventh Circuit Court of Appeals just handed down a decision regarding a wage claim brought by several stewards onboard a NCL cruise ship. The decision is Wallace v. NCL and the opinion can be found here.The decision is lengthy but wage appeals are pretty rare, hence this post.The summary is:This appeal involves…
The Ninth Circuit Court of Appeals just handed down a decision relating to the federal government's liability for suspected drug smugglers' vessels, damaged during the law enforcement investigation. The case is Tobar v. United States and the opinion can be found here.The U.S. Coast Guard suspected an Ecuadorian fishing boat of illicit activities. With…
Hot off the Press: the Fourth Circuit Court of Appeals just issued a decision arising out of a "Magic Pipe" case and the shipowner's attempt to post a bond allowing the offending vessel to sail. The case is Angelex, Ltd. v. United States of America and the opinion can be found here. The United States…
The Court of Appeals published a decision in the Athos I oil spill. It is a consolidated case arising from a limitation action and an action to apportion liability for oil spill clean up costs, to the tune of $180 million.The opinion is lengthy and I'm still digesting it. But, it can be found …
The Fifth Circuit, en banc, just reversed an earlier panel decision in a Longshore Act case which turned on the situs of the injury and whether it met the jurisdictional requirements of the Longshore and Harbor Worker Compensation Act.En Banc decision is here.Per the Court:In particular, the BRB found that the claimant’s…
The Ninth Circuit just issued a decision regarding guarantor liability for unpaid amounts following shipment of goods under several bills of lading.The case is Clevo, Co. v. Hecny Transportation, Inc. and the original opinion case be found here.From the court's syllabus (which is a handy-dandy tool the Ninth Circuit is using to provide a…
According to this report in the Miami Herald ("Houseboat activist Fane Lozman wins again; says he will seek million from city over civil rights"), the fellow who recently prevailed in the U.S. Supreme Court in Lozman v. City of Riviera Beach, No. 11-626 (Jan. 15, 2013) isn't giving up.The Herald reports:The 11th…
There is something about the sea that makes humans poetic.
As a corollary, there is something about maritime cases that make judges very eloquent. Case in chief – consider this closing from Boudreaux v. Transocean Deepwater, Inc., Maintenance and Cure decision of the Fifth Circuit Court of Appeals:
We are offered no reason to depart …
