Guam in November.
The Power of the Pen – Monuments and Sanctuaries
The Washington Post ran an exclusive article this week reporting that President Obama is about to expand the Pacific Remote Islands Marine National Monument purportedly creating the world's largest marine sanctuary.
Per the article:
Under the proposal, according to two independent analyses, the Pacific Remote Islands Marine National Monument would be expanded from almost
Kaneohe Bay
APEC 2011 Security Zones – Graphic Released by Coast Guard
![0900006480f4e847[1]_Page_1](https://www.surfandturflaw.com/wp-content/uploads/sites/1006/migrated/6a00e54eec42318833014e8c1a5378970d.jpg "0900006480f4e847[1]_Page_1")
Supreme Court’s Busy Ocean (Kinda) Law Docket
I just saw the Petitions to Watch on SCOTUSBLOG.
Two cases of relevance to this blog (in my humble opinion anyway):
For the Con Law wonks: Sun v. United States. This case arises from the federal district court in the Commonwealth of Northern Mariana Islands. A criminal defendant challenged his criminal conviction on the basis that the trial judge was not an Article III judge, ergo the judge did not have jurisdiction to hear the case. The Ninth Circuit summarily affirmed the conviction, finding that the judge was an Article IV judge.
For the International Law wonks: Bowoto v. Chevron. The petition asks the court whether American companies can be liable under the Torture Victim Protection Act, 28 U.S.C. 1350 which provides:
An individual who, under actual or apparent authority, or color of law, of any foreign nation— (1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; or (2) subjects an individual to extrajudicial killing shall, in a civil action, be liable for damages to the individual’s legal representative, or to any person who may be a claimant in an action for wrongful death.
No surprise in this petition because the Ninth Circuit acknowledged the split of interpretation of the Death on the High Seas Act, see my earlier post here. Stay tuned.
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)
Pacific Ocean Environmental Issues in the News – Rare Earth and Plastics
Lots of ocean environmental issues in the news today.
The Star Advertiser reports that Japanese researchers discovered rare earth minerals in the Pacific Ocean, apparently beyond the U.S. Exclusive Economic Zone. Several interviewed, including my former colleague Robert Harris, have expressed some concerns about the environmental impacts of such action. This is an interesting discovery
Trust Territory Revisited – Compacts Updated by Congress
The Compacts of Free Association had a comprehensive update recently passed by the U.S. House of Representatives. This amendment was sent to the Senate last week, here. These Compacts affect the countries of the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau.
The defeat of Japan at